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HomeMy WebLinkAbout20194439.tiff USE BY SPECIAL REVIEW (USR) APPLICATION ( ' �+ t•',, DEPARTMENT OF PLANNING SERVICES * 1555 N. 17TH AVENUE * GREELEY, CO 80631 UN Y www.weldgov.com * 970-400-6100 * FAX 970-304-6498 FOR PLANN NG DEPARTMENT USE: DATE RECEIVED: 6/21 /19 AMOUNT $ CASE it ASSIGNED: USR19-0047 APPLICATION RECEIVED BY PLANNER ASSIGNED:/ D. Aungst 6 Parcel Number*: ( 3 0 R - .0 ` - - 0 0 - V t ('A 12 digit number on Tax LD. Information, obtainable at Address of site: 10786 CR 41 , Hudson, CO 80642 www.weldgov.com). Legal Description: PT NW4 9-2-65 Lot B Rec Exempt RE-5111 Section: 9 Township: 2 N Range: 86 W Zone District; A Acreage: 111.668 Floodplain: Y N Geological Hazard: Y N Airport Overlay: Y (RI") FEE OWNER(S) OF THE PROPERTY: Name; SS Storage Hudson, LLC (owner Steve Sharp) Company: Phone #: 307-279-3033 Email: stave@stevesharptrans.com Street Address: P.O. Box 160 • City/State/Zip Code: Cokeville, WY 83114 Name: Company: Phone #: Email: Street Address: City/State/Zip Code: Name: Company: Phone it: Email: Street Address: City/State/Zip Code: APPLICANT OR AUTHOR ZED AGENT: (See below:Authorization must accompany all applications signed by Authorized Agents) Name: Brad Hoffman, Elyse Ritchie, Corey Preston Company: Grant & Hoffman, P.C. Phone #: 970-356-5666 Email: cpreston@grantandhoffmanlaw.com Street Address: 821 9th Street City/State/Zip Code: Greeley, CO 80631 PROPOSED USE: Oil and gas lay down lot I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or are true and correct to the best of m contained within the applicationY (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is_A) fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corn. 54.47 Si : Owner r Authorized Agent ate Signature: Owner or Authorized Agent Date Coa,ty Qrus 4 iFL4 4 Mf Print Nafne ! �7 Print Name Rev 4/2016 br R. /kNj � �.f o FF.,,h,A � P. L, DEPARTMENT OF PLANNING AND BUILDING $G1140 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT {-\itt � --_ 1555 NORTH 17TH AVENUE r' :\ GREELEY, CO 80631 I hh-i-• - it . 4.-, ---- it? of i 4_._ U - : . d..uN je ._ AUTHORIZATION FORM I, (We), SS Storage Hudson, LLC , give permission to Grant & Hoffman, P.C. (see below) (Owner - please print) (Authorized Agent — please print) to apply for any Planning, Building or Septic permits on our behalf, for the property located at (address or parcel number) below: 10786 CR 41 , Hudson, CO 80642 Legal Description: of Section 9 , Township 2N N, Range 65W W PT NW4 9-2-65 Lot B Rec Exempt RE-5111 of Block Subdivision Name: L Property Owners Information: Address: 10786 CR 41, Hudson, CO 80642 Phone: 307-214-3505 E-mail: steve@stevsharptrans.com Authorized Agent Contact Information: Address: 821 9th Street, Greeley, CO 80631 Phone: 970-356-5666 E-Mail: cpreston@grantandhoffmanlaw.com r `,r Correspondence to be sent to: Owner Authorized Agent X , Both / by Mail Email Additional Info: Authorized attorneys at Grant & Hoffman P.C. are: Brad Hoffman, Elyse Ritchie, Corey Preston Owner Signature: Date: Owner Signature: _; Date: 7 Colorado Secretary of State �F Ied Date and Time: 12/09/2016 02:54 PM Document must be filed electronically. ID Number: 20161836891 Paper documents are not accepted. Fees & forms arc subject to change. Document number: 20161836891 For more information or to print copies Amount Paid: $ 100.00 of filed documents, visit www.sos.state.co.us. ABOVE SPACE FOR OFFICE USE ONLY Statement of Foreign Entity Authority filed pursuant to § 7-90-803 of the Colorado Revised Statutes (C.R,S.) I . The entity ID number, the entity name, and the true name, if different, are Entity ID number 20161836891 (Colorado Secretaiy of State ID number) Entity name SS Storage WY, LLC _ True name SS Storage LLC (if different from the entity name) 2. The form of entity and the jurisdiction under the law of which the entity is formed are Form of entity Foreign Limited Liability Company Jurisdiction Wyoming 3. The principal office address of the entity's principal office is Street address 10786 County Road 41 (Street number and name) Hudson CO _80642 (City) (State) (ZIP/Postal Code) United States (Province - ((applicable) (Country) Mailing address P.O Box 160 (leave blank if same as street address) (Si,ee► number and name or Post Office Box ii formation) Cokeville WY 83114 (City) (State) (ZIP/Postal Code) United States . (Province - if applicable) (Countiy) 4. The registered agent name and registered agent address of the entity's registered agent are Name (if an individual) (Last) (First) (Middle) (Suffix) ar (if an entity) Grant & Hoffman, P.C. (Caution: Do not provide both an individual and an entity name.) AUTHORITY Page 1 of 3 Rev. 12/01/2011 Street address 821 9th Street (Street number and name) Greeley CO 80631 (City) (State) (ZIP Code) Magiaddress (leave blank if same as street address) (Street number and name or Post Office Box information) • CO . (City) (State) (ZIP Code) (The following statement is adopted by marking the box.) • The person appointed as registered agent above has consented to being so appointed. 5. The date the entity commenced or expects to commence transacting business or conducting activities in Colorado is 01/01/2017 (mmidd/;may) 6. (If applicable. adopt the following statement by marking the box and include an attachment.) n This document contains additional information as provided by law. 7. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective dale has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format) The delayed effective date and, if applicable, time of this document is/are (mnn/dd/yyyy hour:minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 8. The true name and mailing address of the individual causing the document to be delivered for filing are Hoffman Brad (Last) (First) (Middle) (Sax) 821 9th Street (Street number and name or Post Office Box information) Greeley CO 80631 (City) (State) (ZiP/Postal Code) United States . (Province- if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment) r This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. AUTHORITY Page 2 of 3 Rev. 12/01/2011 Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). AUTHORITY Page 3 of 3 Rev. 1210112011 STATE OF WYOMING * SECRETARY OF STATE EDWARD A. BUCHANAN BUSINESS DIVISION 2020 Carey Avenue, Cheyenne, WY 82002-0020 Phone 307-777-7311 • Fax 307-777-5339 Website: http://soswy.state.wy.us • Email : business@wyo.gov Filing Information APlease note that this form CANNOT be submitted in place of your Annual Report. Name SS Storage Hudson, LLC Filing ID 2015-000696256 Type Limited Liability Company Status Active General Information Old Name SS STORAGE, LLC Sub Status Current Fictitious Name Standing - Tax Good Standing - RA Good Sub Type Standing - Other Good Formed in Wyoming Filing Date 10/05/2015 1 :00 PM Term of Duration Perpetual Delayed Effective Date Inactive Date Principal Address Mailing Address 205 HWY 30 South PO Box 304 Cokeville, WY 83114 Cokeville, WY 83114 Registered Agent Address Steve Sharp 205 HWY 30 South PO Box 61 Cokeville, WY 83114 Parties Type Name / Organization / Address Organizer Steve Sharp Notes Date Recorded By Note Page 1 of 2 Filing Information Please note that this form CANNOT be submitted in place of your Annual Report. Name SS Storage Hudson, LLC Filing ID 2015-000696256 Type Limited Liability Company Status Active Most Recent Annual Report Information Type Original AR Year 2019 License Tax $50.00 AR Exempt N AR ID 04343818 AR Date 3/20/2019 6:21 PM Web Filed Y Officers / Directors Type Name / Organization / Address Principal Address Mailing Address 205 HWY 30 South PO Box 304 Cokeville, WY 83114 Cokeville, WY 83114 Annual Report History Num Status Date Year Tax 02612881 Original 09/29/2016 2016 $50.00 03049107 Original 09/27/2017 2017 $50.00 03842735 Original 09/21/2018 2018 $50.00 04343818 Original 03/20/2019 2019 $50.00 Amendment History ID Description Date 2017-002114608 Name Change 08/02/2017 Filing Name Changed From: SS STORAGE, LLC To: SS Storage Hudson, LLC See Filing ID Initial Filing 10/05/2015 Page 2 of 2 Ed Murray lir ► Wyoming Secretary of State 2020 Carey Avenue, Suite 700 Ed Murray, WY Secretary of State Cheyenne, WY 82002-0020 FILED: 08/02/2017 01 :52 PM Ph. 307.777.7311 Original ID: 2015-000696256 Fax 307.777.5339 Amendment ID: 2017-002114608 Email: Bvsinessawyo.gev Limited Liability Company Amendment to Articles of Organization 1 . Name of the limited liability company: SS Storage, LLC 2. The date of filing its articles of organization: 10/5/2015 3. Article number(s) 2015-000696256 is amended as follows: Change the company name to: SS Storage Hudson, LLC • Signature: 5?frieca—dDate: (Shall be executed by a person authorised by the company) ( dd/yy ) Print Name: Steve Sharp Contact Pin; Steve Sharp Title: lice s , je...... Daytime Phone Number: (307) 279-3033 Email: isteve@stevestiarptrans.com (Email provided will receive annual report reminders and filing evidence) '.May list multiple email addresses "ti Cl-L-?- 10 rN j /4.,, ,-.e°- r 7 Checklist '' `fir ini Filing Fee: $50.00 Make check or money order payable to Wyoming Secretary of State. /^�/ pc n -?y Please submit one originally signed document. ( at, ;ei lie is 3-5 business days following the date of receipt in our office. _ € Jut 2 a Typical processing time p a, `Se�reia 8 LUl J 3' ` Please review form prior to submitting to the Secretary of State to ensure all areas have completed to avoid a delay in the processing of your documents. o- WJomnf stag ,/LV L,�. g � . LLC-Amendment - Revised October 2015 , � C a �C, , STATE OF WYOMING Office of the Secretary of State I , ED MURRAY, Secretary of State of the State of Wyoming , do hereby certify that the filing requirements for the issuance of this certificate have been fulfilled . CERTIFICATE OF NAME CHANGE Current Name: SS Storage Hudson , LLC Old Name : SS STORAGE, LLC I have affixed hereto the Great Seal of the State of Wyoming and duly executed this official certificate at Cheyenne , Wyoming on this 2nd day of August, 2017 n: AN. j '� iv i f � c,re of to vi ice.•,% tb,S By: Nicole Martinez Filed Date: 08/02/2017 USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE Answer the following questions on a separate sheet. If a question does not pertain to your use, please respond with "not applicable". For assistance with some of these questions see this website: http://www.co.weld.co.us/Departments/PlanningZoning/Land UscAppl icati onsAssistance/Application Assistance.html Planning Questions: Planner on Call 970-353-6100 x3540 I . Explain, in detail, the proposed use of the property. The Applicant SS Hudson Storage, LLC is owned by Mr. Steve Sharp. Mr. Sharp is the owner of multiple entities engaged in business, or owning various surrounding properties, near the subject property. This questionnaire references Mr. Sharp interchangeably with the Applicant, as Mr. Sharp is the primary contact and decision-maker on behalf of the Applicant, as well as the other entities engaged nearby. Mr. Sharp desires to obtain this USR to be able to store oil rigs and other oilfield service equipment that are currently not being used in production on the area of his property depicted on the enclosed map, which is on parcel #130709200016. During periodic downturns in the oil and gas industry, Mr. Sharp has noticed oil companies have a need to park rigs and other equipment which are not in service, but which they desire to store locally for use when the market rebounds. Mr. Sharp does not anticipate any cleaning, maintenance, repairs, or welding being performed on the rigs and/or equipment being stored on this parcel. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. This proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan, because it "supports all forms of the agricultural industry and, at the same time, [it] protect[s] the rights of the private property owners to convert their agricultural lands to other appropriate land uses." Sec. 22-2-10(B). Mr. Sharp owns the subject parcel, which consists of 112 acres, as well as the 155-acre parcel adjacent to the east of the subject parcel. The subject 112 acres is non-irrigated, and although Mr. Sharp does allow a neighbor to grow some crops on the property, such as winter wheat, Mr. Sharp does not have a productive use for the land. The adjacent 155-acre parcel is irrigated farmland with a center- pivot, used for growing wheat. This proposal preserves the commitment to viable agriculture in Weld County because it continues the agricultural operation of the productive farmland owned by Mr. Sharp, but it would allow him to use the non-irrigated land for an appropriate use that is consistent with the surrounding area. Sec. 22-2-20(G)(7.2) ("Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the area."). Here, the proposed use is compatible with the existing and future development of the area. The surrounding land uses include residential, oil and gas production facilities and staging areas, and agricultural uses. Adequate services and facilities are currently available or reasonably obtainable to • accommodate the propose land use change. There are water and sewer services available in the structure owned by Mr. Sharp on the 34-acre parcel adjacent to the west of the subject parcel, as well as a fire suppression building with 30,000 gallons of water. Sec. 22-2- 10(H)(8). Mr. Sharp has been working closely with the Weld County Planning, Public Works, and Public Health, and the Colorado Division of Water Resources, and will continue to do so throughout this USR process. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. This proposal is consistent with the intent of the Weld County Code, Chapter 23, and the • zone district in which it is located. Mineral resource development facilities including (1 ) oil and gas storage facilities and (2) oil and gas support and service are permitted uses in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements • and procedures set forth in this section. Sec. 23-3-40(A)(1), (2). The property is not located within the I-25 Mixed Use Development area, an Intergovernmental Agreement Boundary, or in an approved or recorded subdivision plat. Sec. 23-3-40(S). 4. Describe what type of land uses surround the site, Explain how the proposed use is consistent and compatible with surrounding land uses. The surrounding uses include oil and gas storage facilities, agricultural, and scattered residential. The residential population density is very low, approximately 1 -4 residences per square mile. The proposed use of oil and gas rig and equipment storage is consistent with the surrounding use. Anadarko currently stores a tank battery on an adjacent parcel to the north. Mr. Sharp intends to maintain wheat farming operations on the adjacent parcel to the east of the subject parcel, and the oil and gas storage facilities and agricultural uses are consistent with the area. 5. What are the hours and days of operation? (e.g. Monday thru Friday 8:00 a.m. to 5 :00 p.m .) Mr. Sharp proposes that the site be open from 7:00 a.m. to 6:00 p.m. from Monday to Saturday, with the majority of activity expected between 9:00 a.m. and 3:00 p.m. 6. List the number of full time and/or part time employees proposed to work at this site. Mr. Sharp does not propose any employees to work at this site. 7. If shift work is proposed include the number of employees per shift. Not Applicable. 8. List the number of people who will use this site. Include contractors, truck drivers, customers, volunteers, etc. On average, less than two people per day will use this site. The only exception to this would be a circumstance in which more individuals would be required to move a large oil rig or other oilfield service equipment into or out of the storage area. In such instances, approximately 12-15 people might be involved. However, moving the rigs or equipment will be a rare occurrence, as companies typically park such equipment for months or even years at a time. On many days, it is anticipated that there would be no individuals using the site. 9. If this is a dairy, livestock confinement operation, kennel, etc., list the number and type of animals. Not Applicable. 10. Describe the type of lot surface and the square footage of each type. (e.g. asphalt, gravel , landscaping, dirt, grass, buildings) The lot is currently unirrigated and has grass and sometimes crops such as winter wheat. Mr. Sharp intends to create a recycled asphalt lot of approximately 10 acres on the proposed site to facilitate the storage, and to lay crushed asphalt on the access road. 11 . How many parking spaces are proposed? How many handicapped (ADA) parking spaces are proposed? There will be no designated parking spaces. Some vehicles may be stored on the asphalt lot, but they will be there for long term storage and will not be in traditional parking spaces. 12. Explain the existing and proposed landscaping for the site. There is no proposed landscaping associated with this proposal. 13 . Describe the type of fence proposed for the site (e.g. 6 foot chain link with earth tone slats) Mr. Sharp intends to build an opaque chain-link fence approximately six feet high around the site. 14. Describe the proposed screening for all parking and outdoor storage areas. If the site is located in a floodplain outdoor storage is restricted. The chain-link fence described above is the only proposed screening for the parking and storage area. Due to the large size of the property and the fact that the storage will be closest to County Road 24, an unimproved dirt road with a minimal amount of traffic, visibility to others would not be an issue. 15. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Not Applicable. Due to the nature of this proposed use, reclamation is not applicable. 16. Who will provide fire protection to the site? The Hudson Fire Protection District will provide fire protection to the site. In addition, there is a fire suppression building with a 30,000 gallon water tank located on the adjacent parcel to the west of the subject parcel, which is owned by Mr. Sharp. 17. List all proposed on-site and off-site improvements associated with the use (e.g. landscaping, fencing, buildings, drainage, turn lanes, etc.) and a timeline of when you will have each one of the improvements completed. Mr. Sharp anticipates it will take approximately 1 -2 months to construct the needed items for this USR, which include: (1 ) an opaque chain-link fence approximately six feet high around the site; (2) an access road from CR 24 south to approximately the center of the proposed site; (3) a retention pond, if determined to be necessary by an engineer; (4) a recycled asphalt area of approximately 10 acres in the center of the proposed site. Mr. Sharp will begin construction on at the earliest reasonable date after approval of this application by Weld County. Engineering questions: 970-353-6100 x3540 1 . 'Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = 1 trip in and 1 trip out of site) During normal operations (i.e. other than the rare days where a rig is moved on or off the site), the normal average roundtrips per day would be I or less, and would generally involve passenger cars or pickups. It is anticipated that on many days, there would be no roundtrips to and from the storage area. Mr. Sharp estimates that the number of vehicles accessing the proposed site will be at its highest when an oil rig is moved in or out. However, in his experience equipment may be placed for a number of years, so such movement of equipment will occur very infrequently (as infrequently as 3-6 times per year), and even less once the storage area reaches capacity. When a rig is moved, there are usually 2-3 pickup trucks, and anywhere from 8- 10 semi- trucks, each making 1 round trip to complete the move. Again, such activity would be very infrequent. 2. Describe the expected travel routes for site traffic. Nearly all, if not all, site traffic will use the planned access road to get from the site to County Road 24 and then travel west on County Road 24 to County Road 41 . The majority of site traffic will then travel south on County Road 41 until it reaches Highway 52. A smaller percentage of traffic will travel south on County Road 41 to County Road 22 and then will take County Road 22 west until it reaches Highway 85. County Road 24, where the access road will end, is an unimproved dirt road that is sufficiently wide for trucks to enter and exit the site. The entrance to the proposed site off of CR 24 is well removed from any intersections or major roads, so trucks entering and exiting the site will not affect traffic. 3. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.) The majority of site traffic, approximately 65%, will come and go from the south of the property along County Road 41 , with any remaining traffic, approximately 35%, coming from the North along County Road 41 . It is intended that all site traffic will turn from County Road 41 onto County Road 24 eastbound which will take the traffic to the access road for the site. 4. Describe the time of day that you expect the highest traffic volumes from above. The highest traffic volumes would between 9:00 a.m. to 3:00 p.m., Monday through Saturday. However, as noted above, the likelihood is that there would be 1 or fewer vehicles accessing the property most days. S. Describe where the access to the site is planned. The access to the site will be off of County Road 24 approximately 1 ,500 feet east of County Road 41 . 6. Drainage Design: Detention pond summarized in a drainage report is required unless the project falls under an exception to stormwater detention requirements per code section 23-12-30 F. 1 . A. Does your site qualify for an exception to stormwater detention? If so, describe in a drainage narrative the following: 1 . Which exception is being applied for and include supporting documentation. The applicant is submitting, with this USR, a request for variance, which, if approved, would be a permissible exception pursuant to section 23-12-30 F. 1 .a. 16. The variance is intended to address the concern that detention upon the subject property — without allowing for gradual release of water — would exacerbate flooding of the subject property as well as neighboring properties. The sought variance would involve placing a retention pond on the property, as opposed to a detention pond. 2. Where the water originates if it flows onto the property from an offsite source The water does not flow from a specific offsite source. Instead, water naturally flows over the property from surrounding properties. 3. Where it flows to as it leaves the property The water does not flow to a specific location as it leaves the property. Instead, water naturally flows through the property and off to neighboring properties. 4. The direction of flow across the property The existing water flows within the property in a southeasterly direction. S. If there have been previous drainage problems with the property Not Applicable. B. Does your site require a stormwater detention pond? If so, the following applies: Please see variance request attached with USR Application. 1 . A drainage report summarizing the detention pond design with construction drawings and maintenance plan shall be completed by a Colorado Licensed Professional Engineer and adhere to the drainage related sections of the Weld County Code. 2. The drainage report must include a certification of compliance stamped and signed by the PE which can be found on the engineering website. 3. A general drainage report guidance checklist is available on the engineering website. More complete checklists are available upon request. Environmental Health questions: 970-304-6415 x2702 I . What is the drinking water source on the property? If utilizing a drinking water well include either the well permit or well permit application that was submitted to the State-Division of Water Resources. If utilizing a public water tap include a letter from the Water District, a tap or meter number, or a copy of the water bill. There is a well that provides drinking water to the 22,480 square foot commercial building on the adjacent parcel to the west of the proposed site, which Mr. Sharp owns. Mr. Sharp proposes using this water source to serve the proposed site. The documentation for the well and permits are attached to this USR application. The well permit number is 75579-F. As an • average of less than two people per day will access the proposed site, Mr. Sharp does not propose an additional water source. However, if the Department of Public Health and Environment deems it necessary, Mr. Sharp is willing to provide bottled water on the proposed site. 2. What type of sewage disposal system is on the property? If utilizing an existing septic system provide the septic permit number. If there is no septic permit due to the age of the existing septic system, apply for a septic permit through the Department of Public Health and Environment prior to submitting this application. If a new septic system will be installed please state "a new septic system is proposed". Only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy. There is a septic tank that provides sewer service to the 22,480 square foot commercial building on the adjacent parcel to the west of the proposed site, which Mr. Sharp owns. The septic permit number for that tank is SP-1100157. Mr. Sharp proposes using this sewage disposal system to serve the proposed site. However, if the Department of Public Health and Environment deems it necessary, Mr. Sharp is willing to install portable toilets on the proposed site. 3. If storage or warehousing is proposed, what type of items will be stored? Mr. Sharp proposes storing oil rigs and other oilfield service equipment, including, but not limited to trucks, trailers, and pipes on the proposed site. No storage structures are proposed. 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. Any waste generated on site, such as common cleanup waste, will be disposed of using commercial waste and recycling companies. There will not be any storage or stockpiling of waste on this site. 5. If there will be fuel storage on site indicate the gallons and the secondary containment. State the number of tanks and gallons per tank. Not Applicable. 6. If there will be washing of vehicles or equipment on site indicate how the wash water will be contained. Not Applicable. 7. If there will be floor drains indicate how the fluids will be contained . Not Applicable. 8. Indicate if there will be any air emissions. (e.g. painting, oil storage, etc.) Not Applicable. The only air emissions will be exhaust emissions from vehicles when a rig is being moved in or out of the property, and occasions where such moving of a rig occurs should be exceedingly infrequent. 9. Provide a design and operations plan if applicable. (e.g. composting, landfills, etc.) Not Applicable. 10. Provide a nuisance management plan if applicable. (e.g. dairies, feedlots, etc.) Not Applicable. 11 . Additional information may be requested depending on type of land use requested . Building questions: Jose Gonzalez 970-353-6100 1 . List the type, size (square footage), and number of existing and proposed structures. Show and label all existing and proposed structures on the USR drawing. Label the use of the building and the square footage. There are no existing structures on the site. No proposed structures will be built on this site. 2. Explain how the existing structures will be used for this USR? Not Applicable. 3. List the proposed use(s) of each structure. Not Applicable. Diana Aungst To: Corey Preston Subject: RE: SS Storage Hudson, LLC - USR application From: Corey Preston <cpreston@grantandhoffmanlaw.com> Sent: Thursday, June 13, 2019 6: 18 PM To: Diana Aungst <daungst@weldgov.com> Subject: RE : SS Storage Hudson, LLC - USR application 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. Diana, Thanks again for this. 1. On the chain link fence, it would have slats so there would be a level of visual barrier 2 . Traffic narrative — we don't anticipate more than one rig on moving days. Theoretically it could happen, but would be extremely unlikely. Do you need me to update the questionnaire on this issue and the fencing issue? Thanks so much ! Corey Preston 720.425.8289 G il t , K \ N I iv, FTiIIM :, . \ 1t' FR �1 Fort Collins Office Greeley Office 141 S. College Avenue 821 9`i' Street Fort Collins, CO 80524 Greeley, CO 80631 (970) 356-5666 (970) 356-8967 (fax) cprestonngrantandhoffmanlaw.com www.grantandhoffmanlaw.com iii } iiicili, limit: :_; I; i,.. :, , , ,.::. iii 'i ,Ciii . , contains information that is confidential anti id,_ ,. Jc piLilc LiL'U.l .ly l+ IC zillU{ 11`y; Lileiii. )r other privilege; Thy, e - mail, including, attachments, constitutes non - public information intended to be conveyed only : o the designated rec; pientk) . If you are not an intended recipient , please delete this e- mail, including attachments 'Andirltif,. rinp 1ir :i iv, HtH p nri -, ., II ' l• Pity r ,74.-.ii .`ilf '/'`h rl !`tribi ! t ,nn ,--, e } I, !c :1 mid , n inflinr- 7}f2r 'h nrlr ; , k prohibited anc 1 The Operating Agreement of SS STORAGE , LLC A Wyoming Limited Liability Company Employer Identification Number : 47 -4849276 THE FADEL LAW FIRM 170 WEST 400 SOUTH BOUNTIFUL , UTAH 84010 Te!ephone: (801 ) 294-7777 Fax : (801 ) 294-7787 Copyright © 2015 THE FADEL LAW FIRM SS STORAGE , LLC Table of Contents Article One Formation of the Company 1 -1 Section 1 .01 The Limited Liability Company 1 - 1 Scction 1 .02 The Name of the Company 1 - 1 Section 1 .03 Purpose and Scope of the Company 1 - 1 Section 1 .04 Purpose of Company Restrictions 1 - 1 Section 1 .05 Principal Office of the Company and Location of Records 1 -2 Section 1 .06 Registered Agent and Registered Office 1 -2 Section 1 .07 The Term o f' the Company 1 -2 Article Two Definitions 2-1 Section 2.01 Defined Terms 2- 1 Article Three Membership Interests 3-1 Section 3.01 Percentage Interest in the Company 3 - Section 3.02 Valuation of Membership Interests in the Company : - 1 Article Four Management of the Company 4-1 Section 4.01 General Authority of the Manager 4- 1 Section 4.02 A Majority in Interest of Managers Required to Control 4-1 Section 4.03 Authorization to Execute Certain Instruments 4- 1 Section 4.04 Affidavit of Authority of the Manager 4- 1 Section 4.05 Limitations on the Authority of the Manager 4-2 Section 4.06 Specific Powers of the Manager 4-3 Article Five The Manager 5-1 Section 5.01 Manager 5-1 Section 5.02 Extent and Scope of Services 5-1 Section 5.03 Indemnification and Hold Harmless Provision 5-2 Section 5.04 Voluntary Withdrawal of a Manager 5-3 Section 5.05 Additional Managers 5-3 Scction 5.06 Compensation and Expenses of Manager 5-3 Section 5.07 Bond 5-3 Section 5.08 The Manager's Responsibility to File Necessary Forms and Make or Terminate Elections 5-3 Article Six The Members 6-1 Section 6.01 Names and Addresses of Members 6- 1 i Section 6.02 Limited Liability of Members 6- 1 Section 6.03 No Right to Participate in Management 6- 1 Section 6.04 No Right to Withdraw for a Member 6-2 Section 6.05 Restrictions on the Right to Withdraw for an Assignee 6-2 Section 6.06 No Right to Cause Dissolution 6-3 Section 6.07 Waiver of Partition 6-3 Section 6.08 Voting 6-3 Section 6.09 Access to Information 6-3 Article Seven Meetings & Notice 7-1 Section 7.01 Meetings Not Required 7- 1 Section 7.02 Special Meetings 7- 1 Section 7.03 Notice of Meetings 7- 1 Article Eight Books, Records, and Bank Accounts 8-1 Section 8.01 Books and Records 8- 1 Section 8.02 Accounting Basis and Fiscal Year 8- 1 Section 8.03 Reports 8- 1 Section 8.04 Bank Accounts and Company Funds 8- 1 Article Nine Admission of Additional Members 9-1 Section 9.01 Admission by Consent of Members 9- 1 Section 9.02 Capital Contributions and Fair Market Value 9- 1 Section 9.03 Limitations 9- 1 Section 9.04 Admissions in Violation of this Article 9- 1 Article Ten Transfer of Membership Interests by a Member . . . 10-1 Section 10.01 Restrictions on Transfer 10- 1 Section 10.02 Permitted Transfers 10- 1 Section 10.03 Non-Recognition of an Unauthorized Transfer or Assignment 10- 1 Section 10.04 Creditor Rights 10-2 Section 10.05 Effect Upon a Membership Interest Acquired Without Consent 10-2 Section 10.06 Assignee to Assume Tax Liability 10-4 Article Eleven Dissolution and Termination 11 -1 Section 11 .01 Events of Dissolution 11 - 1 Section 11 .02 Continuation of Company 11 -1 Section 11 .03 Effective Date of Dissolution 1 1 -2 Section 11 .04 Operation of the Company After Dissolution 11 -2 Section 11 .05 Liquidation of the Company Property 11 -2 Section 11 .06 Company Property Sole Source 11 -3 Section 11 .07 Sale of Company Assets During Term of the Company 11 -3 ii Article Twelve General Matters 12-1 Section 12.01 Successors and Assigns 12-1 Section 12.02 Power of Attorney 12-1 Section 12.03 Amendment 12-2 Section 12.04 Partition 12-2 Section 12.05 No Waiver 12-3 Section 12.06 Changing the Company's Situs 12-3 Section 12.07 No Duty to Mail Articles of Organization 12-3 Section 12.08 General Matters 12-3 iii Article Four Management of the Company Section 4.01 General Authority of the Manager Subject to the specific rights given the Members in this Agreement, all decisions respecting any matter affecting or arising out of the conduct of the business of the Company shall be made by the Manager, who shall have the exclusive right and full authority to manage, conduct, and operate the Company business. The Manager shall manage and administer the Company according to this Agreement and shall perform all duties prescribed for a Manager by the laws of the State of Wyoming. Section 4. 02 A Majority in Interest of Managers Required to Control When more than one Manager is acting, the concurrence and joinder of a majority in interest of the Managers shall control in all matters pertaining to the administration of the Company. Section 4.03 Authorization to Execute Certain Instruments With respect to all of its obligations, powers, and responsibilities under this Agreement, the Manager is authorized to execute and deliver, for and on behalf of the Company, such notes and other evidence of indebtedness, contracts, agreements, assignments, deeds, leases, loan agreements, mortgages, and other security instruments and agreements in such form, and on such terms and conditions, as the Manager in the Manager's sole discretion deems proper. Section 4.04 Affidavit of Authority of the Manager Any third party dealing with the Company may rely upon the affidavit of the Manager, as to the Manager's authority to act for the Company, in substantially the form as follows: Sample Affidavit of Authority of the Manager of SS STORAGE, LLC On my oath and under the penalties of perjury, I swear that I am the duly elected and authorized Manager of SS STORAGE, LLC, a Wyoming Limited Liability Company. I certify that I have not been removed as Manager and have the authority to act for, and bind, SS STORAGE, LLC in the transaction of the business for which this affidavit is given as affirmation of my authority. 4- 1 STEVE SHARP, Manager Sworn and subscribed before me the undersigned authority, by STEVE SHARP on this _ day of NOTARY PUBLIC The above Affidavit may be appropriately modified to reflect the fiduciary office of the individual who is authorized to act for and on behalf of an entity Manager. In addition to the above Affidavit of Authority, the Manager is authorized to execute and deliver to third parties a Memorandum of Operating Agreement, a copy of which may be attached to this Agreement as an Exhibit. Section 4.05 Limitations on the Authority of the Manager The authority of the Manager shall be limited according to this Section. (a) Acts Requiring 100% Approval of Membership Interests The consent of 100% of all the Membership Interests shall be required to do any of the following: Confess a judgment against the Company; File or consent to filing a petition for or against the Company under any federal or state bankruptcy, insolvency, or reorganization act; Exercise an election under Section 754 of the Internal Revenue Code. Prior to actual termination of the Company, sell substantially all of the property in liquidation or cessation of the business of the Company; Except as otherwise provided, admit any substitute or additional Members into the Company; Except as provided in Section 12.03, amend this Agreement; 4-2 Change or reorganize the Company into any other legal form; Dissolve and liquidate the Company; Distribute more than twenty-five percent (25%) of the fair market value of the Company's assets in any tax year; Redeem, liquidate, purchase or otherwise acquire the Membership Interest of any Member; Return the Capital Contribution of any Member; Contribute Company property to a Charity; Register any interest in this Company for an offering under any federal or state securities law. (b) Members Who Are Under Court Orders The vote, consent, or participation of any Member under any kind of court order charging, restraining, prohibiting, or in any way preventing any Member from voting, consenting, or participating in Company matters shall not be required in order to obtain the necessary percentage vote or consent or participation for the Company to act upon any proposed action. Section 4.06 Specific Powers of the Manager Subject to the limitations of Section 4.05, the Company, by and through the Manager, may acquire, hold, rent, lease, sell, convey, exchange, convert, improve, repair, manage, control, invest, and reinvest the funds of the Company in every kind of real and personal property, both tangible and intangible, including property acquired "subject to" or "in assumption of' an existing indebtedness and property acquired in whole or in part for promissory obligations of the Company. The Company may make any payment, receive any money, take any action, and make, execute, deliver, and receive any contract, deed, instrument, or document that may he necessary or advisable to exercise any of the powers conferred under this Agreement and that are necessary or prudent for the proper administration and conservation of the investments of the Company. By way of illustration, but not by way of limitation, the Company, by and through the Manager, shall be authorized to exercise the following powers: (a ) Business Powers The Company may acquire, hold, and sell the following as Company Property: 4-3 i. the stock of any corporation; ii. an interest in a limited partnership as ageneral partner or a limited partner; iii. a membership interest in a limited liability company; iv. a partnership interest in a limited liability partnership; v. an interest in a business trust; vi. an interest in any joint venture. The Company may elect or employ directors, officers, employees. managers, and agents and compensate them for their services. The Company may exercise all of the powers granted in this Agreement regardless of whether the Manager is personally interested or an involved party with respect to any business enterprise forming a part of the Company Property. (b) Employment of Agents and Others The Company may employ agents, employees, managers, accountants, attorneys, consultants, and other persons necessary or appropriate to carry out the business and affairs of the Company, whether or not any such persons so employed is an Affiliated Person, or is employed by Affiliated Person. The Company may pay as an expense of the Company such reasonable fees, costs, expenses, salaries, wages, and other compensation to such persons as the Manager shall determine. Such expenses shall include payment or reimbursement for all fees, costs, and expenses incurred in the formation and organization of the Company. The Company may delegate management functions to any corporation, partnership, limited liability company, or other entity qualified to manage the property and to conduct the business activities of the Company. Any delegation of management rights shall not relieve the Manager from personal liability for management decisions and operations of the Company. Any delegation of authority is to be considered in compensating the Manager for services to the Company. 4-4 Personal delivery to a party, or Mailing by certified United States mail to the last known address of the party to whom delivery is made, with return receipt requested to the party making delivery, or Electronic transmission by facsimile to a party, provided that such party's receipt of same is confirmed in writing or by electronic transmission back to the sending party, or Electronic mail transmission to a party, provided that such party's receipt of same is confirmed in writing or by electronic mail transmission back to the sending party. The effective date of delivery shall be the date of personal delivery or the date of the return receipt, if such is received by the sending party, or if not, the date it would have normally been received via certified mail, provided there is evidence of mailing. (e) Applicable State Law The validity of this Agreement shall be determined by reference to the laws of Wyoming, unless the situs of the Company has been changed by unanimous consent of the Members, in which casc the validity of this Agreement shall be determined by reference to the laws of the then current situs. (f) Duplicate Originals This Agreement may be executed in several counterparts; each counterpart shall be considered a duplicate original agreement. (g) Severability If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions of this Agreement. The remaining provisions shall be fully severable, and this Agreement shall be construed and enforced as if the invalid provision had never been included. ( h ) Acceptance Each Manager and Member hereby acknowledges and confirms that he, she, or it has reviewed this Agreement, accepts all its provisions, and agrees to be bound by all the terms, conditions, and restrictions contained in this Agreement. 12-4 IN WITNESS WHEREOF, the Member and the Manager have executed this Operating Agreement as of the day and year first above written. MANAGER: 1 STEVE SHARP MEMBER: W2,----7---- STEVE SHARP 12-5 Exhibit "A °" SS STORAGE , LLC The Members and Ownership of the Company as of August 27, 2015 are : Capital Member's Name Contribution Manager Interest STEVE SHARP Yes 100% PO Box 304 Cokevifie , WY 83114 Date: 9/7 3 f sr STEVE SHARP , Manager This Exhibit or a copy of it must be prepared and signed by at least one Manager each time an additional contribution is made to the Company, and/or each time a transfer of Company interest is made between or among Members in order to keep Company interests up to date for voting and distribution purposes. Each revised Exhibit must be attached to this Agreement and available for inspection by each Member. SS STORAGE , LLC Exhibit A DRAINAGE REPORT The applicant does not expect that the approval of this USR would change the flow and/or direction of drainage or water upon the property. Based upon conversations with the County, however, the applicant has retained an engineer to examine drainage and stormwater runoff on the property, and the engineer has proposed the requested variance submitted with this USR. This requested variance is intended to address the concern that detention upon the subject property might exacerbate flooding of the subject property as well as neighboring properties, and that a retention pond, allowing gradual release of water, is more appropriate than a retention pond. An existing well and sewer permit are already in place on the previously approved USR (15- 0133). The supporting well and sewer permit documents are attached herein to the Water Supply Information Summary. } } Drainage Report Checklist = >�sb�_ '= . 1 / rA = Project Name: USR19-0047 Sharp Storage -' The purpose of this checklist is to assist the applicant's Engineer with developing a drainage report that supports the intent of the Weld County Code using commonly accepted engineering practices and methodologies. Is the project in the MS4? ' Yes X No If yes. the following requirements . apply. See Chapter 8. Article IX of the Weld County Code. Report Content Construction Drawings - Weld County Case Number ❑ Stamped by PE Certificate of Compliance signed and stamped by a ❑ Engineering scale & north arrow Colorado Licensed PE ❑ Property lines, rights-of-way, and easements X Description/Scope of Work E. 1 . Contours & elevations (existing & proposed) X Location (County Roads, S-T-R) ❑ Pre- and post-development drainage basins __ Nearby water features and ownership E Arrows depicting flow direction - Total acres vs. developed acres ❑ Time of concentration critical path - Hydrological soil types/maps ❑ Drainage design points _ FEMA Flood Zones ❑ Improvements labeled ❑ Urbanizing or non-urbanizing ❑ Permanent control measure and associated drainage ❑ Methodologies used for report & analysis features labeled ' No Build/No Storage' , include (full spectrum is not accepted) design volume rl Base Design Standard used for permanent control Ii Cross sections for open channels, profiles for pipes measure design in the MS4 - Elevations for inverts, flow lines, top of grates . I Discussion of offsite drainage routing orifice(s), etc. I Conclusion statement indicating that the design will Pipe specs (size, material, length , slope) adequately protect public health, safety. and general 7 Outlet and spillway details welfare and have no adverse impacts on public rights-of-way or offsite properties Maintenance Plan Frequency of onsite inspections Hydrology and Hydraulic Analysis ❑ Repairs, if needed Design Storm / Rainfall Information I Cleaning of sediment and debris (NOAA Atlas or Local Data) ❑ Vegetation maintenance Release Rate calculations N/A I Manufacturer maintenance specifications. if Post construction site imperviousness applicable Hydrologic calculations (historic & developed basins) ❑ Hydraulic calculations for proposed drainage Other Required Documents (If Applicable) improvements (swales, culverts, riprap. pond . outlet, - Variance Request and documentation— explain spillway, WQCV outlet, etc. ) hardship, applicable code section, and proposed Retention/WQCV calculations mitigation. Variances will not be granted for the Base Design Standard requirement in the MS4. Comments: See Next Page Department of Public Works I Development Review 1111 H Street. Greeley. CO 80631 I Ph: 970-304-6496 1 www.weldgov.com/departments'public_works/development_.review 8/19/2019 Drainage Report Checklist -rte . '86i , %. 1 . The first paragraph of the second page says that ". . . the runoff does not exceed the 5 year undeveloped rate of flow.- This project is in the non-urbanizing area. The 10 year - release rate is what would be required if there was an outfall. 2. The second paragraph on the second page of the report states that a swale was designed to divert off-site runoff from entering the site. Include the design of this swale. 3. Please correct all references to `detention pond' to say 'retention pond. 4. In the middle of the third page of the report, the fourth paragraph down says "It should be noted that the duration of the rainfall is far greater than the time of concentration of about 40 minutes. It is expected , therefore, that the entire volume of rainfall that infiltrates through the surfacing continues to infiltrate into the ground ." Please clarify what this statement means. 5 . At the top of the fourth page, the second paragraph state that the pond will need a depth of three feet when filled to capacity of 120 ,000 cubic feet. The previous page of the report says that the volume required is 99,000 cubic feet. 6. For the retention variance request, use the new Certificate of Compliance form and fill out the variance request portion at the bottom of the form. 7 . Given that the drainage report submitted was conceptual in nature, for future submittals of the final drainage report, please include the following: a. Please provide imperviousness calculations. All historic basins should be modeled using 2% imperviousness. When calculating the weighted C value for the proposed site. please model the pond water surface area using a 100% impervious value. b. Please provide a detailed grading plan showing contours of the proposed pond , site grading and any other necessary drainage swales or berms. Please provide a drawing showing stormwater basin delineations for on-site and off-site basins. Provide arrows showing flow patterns on the map. c. When sizing the pond . water quality should be provided. The WQCV can be included within the retention volume. One foot of freeboard is required for the pond . Please provide a stage storage table for the proposed pond based on graded contour data, showing the WQCV elevation and 100-year WSEL. d . The Regional Tc ((total length/180)+ 10) should not be used in calculation of the pre-developed 10-year flows. This is to be used for Urbanized catchments. When calculating times of concentration , a maximum length of 500 feet should be used for overland flows. Any length above this should be included in the 9 g channelized flows. e. Provide developed runoff calculations used to size the retention pond . Retention ponds are required to hold 1 .5 times the volume of runoff captured from the 100-year 24-hour storm falling on the developed site. f. Please provide a section in the report on how maintenance of the pond will be addressed in the future. Add pertinent notes to the drainage exhibit for future reference. g . Please include the design and details for the emergency spillway. Emergency Spillway design standards are in the Weld County Code. Sec 8-11 -100.A.6.- Each detention pond shall contain an emergency spillway capable of conveying the peak 100-year storm discharge draining into the detention pond . The invert of the emergency spillway must be equal to.. or above, the 100-year water surface elevation . The depth of flow out of the emergency spillway shall be less than 6 inches. The spillway must have effective erosion protection. In order to protect the emergency spillway from catastrophic erosion failure, buried riprap shall be placed from the emergency spillway downhill to the embankment toe of slope and covered with 6 inches of topsoil . The riprap must be sized at the time of final engineering design . Grouting of the riprap may be required. Sec 8-11 -100.A.7.- In order to prevent damage to publicly-owned infrastructure (roads, roadside ditches), a concrete cutoff wall 8 inches thick, 3 feet deep, and extending a minimum of 5 feet into the embankment on each side of the emergency spillway opening , is required on all privately-maintained detention ponds and required on all regional detention ponds. The concrete cutoff wall permanently defines the emergency Department of Public Works I Development Review 1111 H Street. Greeley, CO 80631 I Ph: 970-304-6496 I www.weldgov.com/departments/public_works/development_review 8/19/2019 Drainage Report Checklist • . • • • - • . - - - • - • '' . , - - r . • • • - - • I . " • - ! j r - top of the embankment using a maximum slope of 4: 1 . h . Please provide additional calculations for swales or culverts necessary to transport site flows to the detention pond or other major drainage area on-site. Swale and culvert calculations should be provided for off-site flows being routed around the site as required . Permanent erosion control may be required depending on Froude Number. Swales should be sized to convey the 100-year developed or historic flow plus freeboard .The requirement is a foot of freeboard for flows over 50 cfs. For flows under 50 cfs, 1 .33 x the design flow may be used. i . Colorado Revised Statute 37-92-602 (8) states that for storm events larger than a 5-year storm ponds must continuously release or infiltrate at least 99% of the runoff within 120-hours. Provide the calculations of the amount of time it takes for the retention pond to infiltrate. 8. Once the revised design and drainage report have been submitted , the County may provide additional comments in addition to the ones listed above. Depending on the complexity of the changes made, a full 28-day review period may be required . 9 . Please provide a written response on how the above comments have been addressed when resubmitting the drainage report. Thank-you . Department of Public Works I Development Review 1111 H Street. Greeley, CO 80631 I Ph: 970-304-6496 I www.weldgov.com/departments/public_works/development_review 8/19/2019 TRAFFIC NARRATIVE The proposed project will obtain access off of CR 41, which runs along the eastern boundary of the parcel, at the intersection with CR 24, which runs along the northern boundary of the parcel. The proposed entrance to the site is off of CR 24 at approximately the center of the northern boundary of the parcel. CR 41 and CR 22, which runs along the southern boundary of the parcel, are currently utilized primarily by semi trucks, farm vehicles, area residents, and other associated traffic. CR 24 is not maintained by Weld County and dead-ends a short distance east of the proposed site. Approximately 35% of traffic in the area is traveling southbound on CR 41 from Greeley and northern Colorado; roughly 45% percent of traffic is traveling northbound on CR 41 from the Denver metro area; and approximately 20% is traveling east and west on CR 22 from Fort Lupton and Hudson. The highest traffic volumes are between 9:00 a.m. to 3 :00 p.m., Monday through Saturday. The proposed use will contribute an average of less than one round trip per day. On many days, there will be no vehicles accessing the property. The number of vehicles accessing the proposed site will be at its highest when an oil rig is moved in or out. However, this will occur very rarely — as infrequently as 3-6 times per year — as the equipment is typically parked and left for months or years at a time. When a rig is moved, there are usually 2-3 pickup trucks, and anywhere from 8- 10 semi-trucks, each making one round trip. CR 41 is an improved, paved two-lane road. CR 24, where the vehicles will access the proposed site, is an unimproved dirt road. It is sufficiently wide for trucks to enter and exit, and the entrance to the proposed site off of CR 24 is well-removed from that intersection such that trucks entering and exiting the site will not affect traffic at the intersection of CR 41 and CR 22. RUST ABATEMENT PLAN A. Road Surface: The applicant plans to put down crushed asphalt access road into the proposed storage area, as well as applying the same surface to the entirety of the oil/gas lay down lot itself. Based on these precautions, it is anticipated that the dust, if any, will be extremely minimal. B. Activities On Site: All trucks and other vehicles that access the site will only travel on paved roads. Vehicle speeds will be restricted to limit dust generation. C. Observations of Dust On Site: The applicant is very familiar with this property in all conditions, and has not seen problems with excessive dust in the area. Even in periods with high-speed winds, there is not a significant dust issue. a QUAIL RIDGE HYDRAULIC ENGINEERS, LLC ; 2004 Broadway Street es, Mitchell, NE 69357 L-C�S rex@grhvdraulics.com May, 2019 Storm Water Narrative USR 15-xxxx, Lot B Corrected Recorded Exemption No. 1307-09-2-RE-5111, Hudson, Weld County, Colorado Location and Description of Property This proposed Use by Special Review (USR) lies in an upland location about 6 miles north of the Town of Hudson, Colorado. The site is located at the intersection of County Road 24 and 41 in the Northwest 1/4 of Section 9, Township 2 N, Range 65 West of the 6th PM, in unincorporated Weld County, Colorado. Use of Site Applicant proposes to construct a lay down field for oil field equipment on a property that is currently being used for dryland agricultural production. Access to the site will be provided by County Road 24 from the north. Applicant proposes to use the site for storage of materials and equipment related to oil production and transmission. The site will be fenced and overlaid with recycled ground asphalt concrete material. Drainage Basins and Subbasins There are no lakes, streams nor rivers on the property. An irrigation ditch flows on the north side of County Road 24 across from the property. An irrigation reservoir and other associated irrigation ditches are located one mile east of the site. The site slopes gently from southwest to northeast. Stormwater runoff from higher ground to the west is generally blocked by County Road 41. Under existing conditions, stormwater runoff from the site proceeds north to County Road 24, then east along the south side of Road 24. Drainage Design Criteria This proposal is a use by special review under Weld County land use requirements. Weld County requires that any USR which has a developed runoff flow of 10 cubic feet per second (cfs) or greater must incorporate a stormwater detention pond so that the runoff does not exceed the 5 year undeveloped rate of flow. The Colorado Urban Hydrograph Procedure (CUHP) developed by the Denver Urban Drainage and Flood Control District was used to compute developed and undeveloped runoff from the site. In order to minimize requirements for detention on the site, a swale was designed to divert off-site runoff from entering the site. Input and output data for the CUHP runs are given in Appendix A to this document. The 100 year rate of flow from the site for developed conditions was computed to be 30 cfs. The 5 year rate of flow for existing conditions was computed to be 3.55 cfs. Based on the hydrographs from CUHP, a storage volume of 1 .71 acre feet was required to reduce the outflow to 3.55 cfs. Proposed Stormwater Facility A stormwater detention pond was proposed for the northeastern corner of the property. The pond will be constructed by excavating soil material to construct a berm around a containment site for storage of water. The detention pond will be drained by a pipe extending 383 feet to the north, beyond which a ditch will be constructed to convey the runoff into the south side ditch of County Road 24. The inlet to the pipe described above was set at 4862.60 feet to allow its construction to impound water to a depth of four feet with an average area of .43 acre. The pond would have side slopes of 3: 1, and a top width of 6 feet An emergency spillway would be designed in the berm over the outlet pipe to handle greater than 100 year developed flows. Retention Pond Justification A review of conditions downstream of the outlet shows no flow path for the runoff. Storm runoff from the site and surrounding area ponds in the northeast corner of the overall property. Considering that the grade of the bottom of the pond would have to be low enough to allow the pond to drain dry, there is no place to route the runoff which would allow it to flow downstream. County Road 24 is graded flat, with no roadside ditch for at least one half mile toward the east and a high point within that distance. Terrain to the west is uphill. The chosen solution to this is to construct a retention pond, where the excess runoff can be stored until it infiltrates into the ground. An examination of the terrain showed that runoff from the existing site ponds in an area which includes the neighboring property to the east. Any addition to the runoff from the Lay down site, could worsen flooding on the neighboring property as well as County Road 24, Construction of the detention pond as proposed would not deter this possible flooding and may well worsen it, since detention only lessens the flow rate, but no the volume. Retention Pond The only reasonable alternative to detention of the stormwater runoff would be to retain it so that it would not leave the property. Weld County land use requirements will only allow a retention pond by variance from the County Code. A retention pond, if allowed must be designed to contain 1.5 times the runoff from a 100 year, 24 hour storm, plus one foot of freeboard. The pond will be configured so that it functions as a retention pond outside the boundary of the laydown field. It will have no outlet and it will be designed to hold one and one-half times the onsite runoff from a 24 hour 100 year storm with a one foot freeboard. The 24 hour 100 year precipitation, per the NOAA Atlas is 4.53 inches, or an intensity of 0.20 inches per hour. The soil at the site is a NRCS Class A soil. This rainfall intensity is less than the final rate of infiltration predicted by the Horton Equation for a Class A soil (1.00 inches per hour). It should be noted that the duration of the rainfall is far greater than the time of concentration of about 40 minutes. It is expected, therefore, that the entire volume of rainfall that infiltrates through the surfacing continues to infiltrate into the ground. The surfacing that the Owner proposes to install (compacted gravel) has an imperviousness of 40% per UDFCD criteria (page 6-8, Volume One). Assuming that all of the pervious fraction infiltrates, and all of the imperviousness fraction of rainfall runs off, the volume of the runoff from the laydown field for the 24 hour period is 65,776, or about 66,000 cu ft. This equates to 1.51 acre feet. With the 1.5 excess requirement, the total volume to be retained is 99,000 cu ft, plus the volume of rain falling directly into the retention pond which is if allowed16,443 cu ft. Thus the retention pond must be sized to hold about 115,443 cu ft of water. This equates to 2.65 acre feet. With a one foot freeboard, a 3.65 depth would be required. A pond has been designed to fit the topography with a width of 218 feet and a length of 192 feet. The amount of infiltration from the proposed pond was computed using an approximation from the Horton equation. The Horton equation is referenced in the UDFCD Manual as a way to compute the rate of infiltration of water into the soil. The equation is an exponential decay which has a beginning rate of infiltration and a rate which is approximated after time t. The site in question is an NRCS soil type A, With Horton beginning infiltration rate of 5.0 in/hr and a final infiltration rate which becomes less and approaches 1.0 in/hr. As a conservative assumption, only the final lesser infiltration rate is used in the calculation. Also, the rate of infiltration used to compute the time of release was 0.60 in per hour, again as a conservative measure. Table 1 below shows the computation for the proposed retention pond, taking into account the change in area of the pond with its depth. The computation shows that the designed pond will need a depth of three feet when filled to capacity of 120,000 cubic feet. The pond will have a bottom elevation of 4859 and will fill to its design capacity at a depth of three feet at elevation 4862. The berm will have a top height of 4863. The pond will have side slopes of 3 : 1. Table 1 Retention Pond Calculations Width of Pond= 218 Length of pond= 192 Staring Elevation= 4862 Side slopes= 3 :1 Max Infiltration Depth per time inc 3 Rate 0.6 In/Hr Depth of Pond= 4 Feet Number of Length Cumulative Cumulative Hours of Width Depth Volume Spent Starting Elevation pond of Pond Depth of Pond Infiltrated lost 0 4862 192 218 3 0 5 4861.75 191.3 217.3 2.75 0.25 10464 10 4861.50 190.5 216.5 2.5 0.50 20851 15 4861.25 189.8 215.8 2.3 0.75 31162 20 4861.00 189.0 215.0 2.0 1.00 41397 25 4860.75 188.3 214.3 0.8 1.25 51555 30 4860.50 187.5 213.5 1.5 1.50 61639 35 4860.25 186.8 212.8 1.3 1.75 71646 40 4860.00 186.0 212.0 1.0 2.00 81579 45 4859.75 185.3 211.3 0.8 2.25 91437 50 4859.50 184.5 210.5 0.5 2.50 101221 55 4859.25 183.8 209.8 0.3 2.75 110930 60 4859.00 183.0 209.0 0.0 3.00 120565 CERTIFICATION OF COMPLIANCE ENGINEERING DESIGNED TO WELD COUNTY CODE STANDARDS AND CRITERIA I, Rex A . Burns, Consultant, Engineer for (2)/W v1 p v 9 R ("Applicant"), understand and acknowledge that Applicant is seeking land use approval of ("Application") for the property described in the attached Exhibit "A." I have designed or reviewed the design ("Design") for the proposed land use set forth in the Application. I hereby certify, on behalf of Applicant that the Design will meet all applicab inage requirements of the Weld County Code with the exception of the variance descri ?Sit :tQ; t‘cl ertification is not a guarantee or warranty neither expressed or implied. ,.....e• ti st, c) ea + iti(NO it ( 1,1gir er'Q20t}19) ; j o • 'o O° ,. .• .• w ‘‘‘‘61\1°N;i CtOr evt, ‘N.Nttgik.°4". Engineer of Record Signature VARIANCE REQUEST 1) Describe the Weld County Code criteria of which a variance is being requested. 2) Describe why it is not possible to meet the Weld County Code. 3) Describe the proposed alternative with engineering rational which supports the intent of the Weld County Code. I understand and agree that the intention of the Code is to reduce impacts of development on neighboring downstream properties and the public. I understand if this variance request is approved it is not precedent setting and is based on site specific constraints. Planning Director Approval indicated when signed by director or appointee: Planning Director Name Signature Date of approval \ '\ / 4 USRI7 •xxxx . rr W . 1+! Z ,C'B COY.h EC'ED RECORDED EXEMPTONNO1W42-RE-5'11 u BAG A PART OF NCRIHNES1 DARTER Of SECTOR 9 2 TONSIf IORTHRANOE5iNESTOfrrIE 5TH PR.'EELDCOVr'1' t ' 6 ��� STATE OF COLORADO Y *Art1y1y"��''isAi iiii<0% 'p?a't AREA I I:-k ACRES MORE OR LESS -,in W n O 3 `n r.Otto,%Dv "- • >. U onO[.JI Y�ELr-.. .-' ROADY i D [T f a. r.) rl .V el Dli all I'.G[114: U85 laJ J'Y�.C11f I'MOWS O cr 2 - _ _ - _ �.. ___•._S:l_ �� KO n, •innlrta:e+aar.iK.lnnf..i+reY' tariff iff Venable O y�( Ja0191a4.CDJ i�Jtt'IM1Cy� 'At1� �'aa� �p\ �a J/V '� 1 `RaIt,. f 4.1 4' ,Il ? 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J \ ---- WELL ,I -- � + 1� ,a�'iF .0, pi D ix Ia) ii — Uiii �;,; a O W d' J a U ►ROJttICT NUM�t�1 1 10118034.40 Da POICOUL"Y OAYC P. i OCTbRiI[ti,lOl• master MOR: met aulws % .� PROALCY TRAY: - BLANKET RIGHT-OF-WAY/ '" - _ EASEMENT OVER ALL OF TD THE NORTHWEST QUARTER FOR ACCESS ROADS TO WELLS, AND =0R SUBSURFACE GATHERING LINES . REC. NO. 3015472 DATE DEVENCEI rShat 2 of 2 Justification for Requested Variance 1) Describe the Weld County Code criteria of which a variance is being requested. Section 23-2-240 of the Weld County Code requires for a use by special review requires that Stormwater retention facilities shall be provided on site which are designed to retain the stormwater runoff from the fully developed site from a one hundred-year storm or as otherwise required by the Department of Public Works The drainage facilities shall be designed to release the retained water at a quantity and rate not to exceed the quantity and rate of a live-year storm falling on the UNDEVELOPED site. A variance is sought from the requirement stated above that the drainage facilities shall be designed to release the retained water. 2) Describe why it is not possible to meet the Weld County Code Storm runoff from the site and surrounding areas flows to the northeast corner of the site and ponds in the northeast corner of the overall property. A review of conditions downstream of the proposed Iaydown site shows no flow path currently exists for runoff from the site nor for the runoff from a detention pond. Considering that the grade of the bottom of the pond would have to be low enough to allow a pond to drain dry, there is no place to route the runoff which would allow it to flow on downstream. County Road 24 is flat, with no roadside ditch on either side for at least one-half mile toward the east. In fact, there is a high point in that distance. The road, in fact, has ponding areas within the travelled lanes. Terrain to the west is uphill. The recommended solution to this is to construct a retention pond, where the excess runoff can be stored until it infiltrates into the ground. An examination of the terrain showed that runoff from the existing site ponds in an area which includes the neighboring property to the east. Any addition to existing runoff from the site could worsen flooding on the neighboring property as well as County Road 24. Construction of a detention pond as might otherwise be proposed would not deter this possible flooding and may well worsen it, since detention only lessens the flow rate, but does not decrease the volume. 3. Describe the proposed alternative with engineering rational which supports the intent of the Weld County Code. Sec. 23-2- 150 of the Weld County Code deals with intent of the Code with regard to special review applications. It states as follows: "A. The intent of the Site Plan Review procedure is to provide present and future residents and users of land in the COUNTY a means whereby orderly and harmonious DEVELOPMENT is ensured in the COUNTY. Site Plan Reviews require additional consideration to ensure that the USES permitted are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The regulation of Site Plan Reviews is designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY." The requested variance to the Code will avoid worsening a flooding situation whereby the health, safety, convenience and general welfare of present and future residents is jeopardized. Retention Pond Justification A review of conditions downstream of the outlet shows no flow path for the runoff from a detention pond. Storm runoff from the site and surrounding area ponds in the northeast corner of the overall property. Considering that the grade of the bottom of the pond would have to be low enough to allow the pond to drain dry, there is no place to route the runoff which would allow it to flow downstream. County Road 24 is graded flat, with no roadside ditch for at least one half mile toward the east and a high point within that distance. The road, in fact has ponding areas within the travelled lanes. Terrain to the west is uphill. The chosen solution to this is to construct a retention pond, where the excess runoff can be stored until it infiltrates into the ground. An examination of the terrain showed that runoff from the existing site ponds in an area which includes the neighboring property to the east. Any addition to the runoff from the Lay Down site could worsen flooding on the neighboring property as well as County Road 24. Construction of the detention pond as otherwise proposed would not deter this possible flooding and may well worsen it, since detention only lessens the flow rate, but not the volume. Hello