HomeMy WebLinkAbout20192240.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Mike McRoberts, P.E., Public Works
DATE: March 28, 2019
SUBJECT: USR19-0011 Kerr McGee Gathering Facility
The Weld County Department of Public Works has reviewed this proposal. Staff comments made during
this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support and Service Facility (Compressor Station Facility) in the A(Agricultural) Zone District
This project is north of and adjacent to CR 44 and is west of and adjacent to CR 15.
Parcel number 105918000015.
Access is from CR 44.
ACCESS
Weld County Public Works has reviewed the application materials related to access. The applicant is
proposing to construct a driveway that ties into the an existing PDC Energy access road that accesses onto
County Road 44 approximately 2,610 feet west of County Road 15. As required, the applicant shall obtain
30 -foot wide minimum access and utility easements (or written signed agreements) from all of owners of
property crossed by the access to the site.
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. Weld County Code requires commercial accesses to be 24-36 feet wide with 60'
access radii. The access width is measured at the right-of-way. Please refer to Chapter 12 of the Weld
County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 44 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map or plat the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be
dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section
23-3-50, the required setback is measured from the future right-of-way line. Be aware that physical
roadways may not be centered in the right-of-way. This road is maintained by Weld County.
This portion of County Road 15 is under the jurisdiction of the Town of Johnstown. The municipality has
jurisdiction over access to the road. Please contact the municipality to verify the right-of-way requirements,
access permit or for any additional requirements that may be needed to obtain or upgrade the permit.
Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
Latest ADT on CR 44 counted 177 vpd with 13% trucks. The 85th percentile speed is 50 mph.
When converting to passenger car equivalents, the applicant's traffic narrative estimates that during
construction the site will experience 100-152 daily roundtrips with 25-72 AM/PM Peak Hour roundtrips.
Construction is expected to last approximately 120 days.
According to the applicaton materials site construction will involve motor graders, front end loaders,
excavation equipment, scrapers (if necessary), heavy hauls for compressor units and large process
equipment, large truck mounted cranes, concrete trucks, and pumper trucks.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to gravel
roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base
on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent
tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County
right-of-way. A variance request for alternatives to the tracking control requirement can be submitted to
Public Works for review and consideration.
ROAD MAINTENANCE AGREEMENT
According to the application materials heavy truck traffic will occur during the construction phase of this
project. Thus, Public Works is requiring a Road Maintenance Agreement for construction which includes,
but is not limited to, dust control, specified haul routes, road damage repairs, and future improvement
triggers.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/sprusr.pdf. It will detail the approved haul route(s), outline when off -site improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage
repairs, and future improvement triggers.
DRAINAGE REQUIREMENTS
This area IS within an Urbanizing Drainage Area: 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, 5 -year storm falling on the undeveloped site for URBANIZING areas.
The applicant has submitted a preliminary drainage report. The preliminary report utilizes full spectrum
detention, which does not meet Weld County Code. A final drainage report addressing all drainage report
review checklist comments and a complying detention pond design completed by a Colorado Licensed
Professional Engineer are 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 review checklist is available
on the engineering website. More complete checklists are available upon request.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant, Public Works and Planning Department have reviewed the referral
and surrounding property owner comments. The Early Release Request may or may not be granted
depending on referral comments and surrounding property owner concerns. Contact an Engineering
representative from the Public Works for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not
limited to, dust control, specified haul routes, road damage repairs and future improvement triggers.
(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 44 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
2. 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)
3. This portion of County Road 15 is under the jurisdiction of the Town of Johnstown. Please contact
the municipality to verify the right-of-way. Show and label the right-of-way. (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 any 30 -foot wide minimum access and utility easements necessary to provide legal
access to the project site 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
(Department of Public Works)
B. If more than one (1) acre is to be
(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
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
5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
6. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
control shall be constructed prior to on -site construction.
disturbed, a Weld County Grading Permit will be required.
and/or off -site tracking. (Department of Public Works)
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
visit and possible updates. (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: March 28, 2019
Re: USR19-0011 Kerr McGee Johnstown Compressor
Station
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for an Oil and Gas Support and
Service Facility (Compressor Station Facility) in the A(Agricultural) Zone District.
There will be no permanent employees on the site. Portable toilets and bottle water are
proposed once construction has been completed, which is acceptable.
Environmental Health has no objections to the proposal; however, we 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.
3. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
4. 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.
5. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit Application and obtain a permit from the Air Pollution Control
Division, Colorado Department of Public Health and Environment, as applicable.
Health Administration
Vital Records
Icic: 9/U 304 6410
Fax: 9/U -3U1-6112
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9 /0-304-6416
Environmental Health
Services
Tele: 970-304-6415.
Fax. 970-304-6411
Communication,
Education & Planning
Tele: 970-304-5470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-3O4-6452
Public Health
6. 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.
Portable toilets shall be screened from existing adjacent residential properties.
7. All potentially hazardous chemicals must be handled in a safe manner in
accordance with product labeling. All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
8. Secondary containment shall be constructed around tanks to provide
containment for the largest single tank and sufficient freeboard to contain
precipitation. Secondary containment shall be sufficiently impervious to contain
any spilled or released material. Secondary containment devices shall be
inspected at regular intervals and maintained in good condition. All secondary
containment will comply with the Colorado Oil and Gas Conservation (COGCC)
Commission Rule 604 and/or the provisions of the State Underground and Above
Ground Storage Tank Regulations.
9. The facility shall be constructed and operated to ensure that contamination of soil
and groundwater does not occur.
10.Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. All spills will be reported to
local, state and federal agencies in accordance with all state and federal
regulations.
11.The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in 25-12-103 C.R.S.
12.The applicant shall obtain a Colorado Discharge Permit System or CDPS permit
from the Colorado Department of Public Health and Environment (CDPHE),
Water Quality Control Division, if applicable.
13.A Spill Prevention, Control and Countermeasure Plan, prepared in accordance
with the applicable provisions of 40 CFR, Part 112, shall be available on site or
as applicable.
14.The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
15.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.
16.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Johnstown
-1'U S. Parish Aye. Johnstown. CO ,Nu5.4
April 25, 2019
P: 9_n -55T-4( 4 F: 97(1-557'-0141
)TU-55 -OI4I
Weld County Planning Commissioners
and
Weld County Board of Commissioners
CIO Department of Planning Service
1555 N. 17'x' Ave
Greeley CO 8063 l
RE: USRI9-0011 Kerr-McGee Johnstown Compressor Station
Commissioners,
The Town of Johnstown has reviewed the application fOr the proposed compressor station and
has significant concerns related to the location of this facility adjacent to our Town Limits. On
April 15, 2019, in a recent council meeting, residents offered public comment and expressed
concerns related to the application for this gas compressor station. On behalf of the Town
Council of Johnstown. and to ensure our residents' concerns are appropriately weighted into the
decision, please consider this correspondence and enter in into the record as the County
considers the merits of this Use by Special Review application.
The Johnstown Comprehensive Plan Land Use Framework Plan indicates this area would be best
suited for low density residential neighborhoods, with a Village Center commercial node shown
at the corner of CR 13 and CR 44, and river greenways/natural areas and trails along the Little
Thompson River approximately 1200 feet to the north. The subject site is located in an area
anticipated for significant growth and development over time, within a one mile radius of the
facility. This proposed compressor station seems likely to have a long-term adverse effect on the
development potential and intended uses of this area, per the Framework Plan.
Noise & Air Quality. Numerous residents have reached out to the Town, voicing concerns about
the impact of sustained noise on their use of their homes and properties — concerned they will no
longer be able to sleep with windows open at night -- as well as the potential for odor issues and
unknown health concerns from the chemicals used and released into the air during processing.
The Town appreciates siting, the facility where oil and gas operations are already in place, and
the acknowledgement by Kerr-McGee/Anadarko in the USR Narrative that noise levels will need
to be continually monitored over time, and that there is a potential for additional noise mitigation
measures (walls, structures, advanced technology) to be considered and installed over time to
ensure appropriate noise levels. Town Staff would urge a condition related to regular testing of
noise levels to offset the potential health impacts of prolonged exposure to noise. Additional, the
Town requests a condition that would require permanent continuous air quality monitoring, to
ensure emissions from the facility remain within allowed ranges and to address address any
anomalies immediately.
Traffic/Roadway. The Town would request a more detailed haul route. The email dated April 9,
2019, uploaded to the County's website as part of the application, indicates that CR 13 and CR
44 will be used, but does not fully address various routes and the potential impacts to nearby
roadways and intersections. Any routes that utilize or impact the Town's roadways will require
an executed Roadway Maintenance Agreement to ensure the roadways are maintained in a
satisfactory manner during construction, and returned to as -good -or -better condition thereafter.
The use of unpaved roads by heavy construction equipment and multiple oil and gas facilities
seems substandard for development that is occurring within the Town's Growth Management
Area, on a property that is currently eligible for annexation to the Town.
The Town's preference is for this station to be relocated to a more sustainable rural area, where
significant residential growth is not anticipated. In lieu of relocation, we respectfully request that
the following conditions be added to any approval of the requested USR:
1) 24 -hour noise levels will be adequately monitored on a bi-weekly/monthly basis for the
first six months of testing and operations, and at least quarterly thereafter, with reports
available to Weld County, the Town of Johnstown, and the public, upon request.
2) Utilize a permanent air quality monitoring system at the facility, providing continuous
feedback and notification in case of anomalous emissions, with reports available to Weld
County, the Town of Johnstown, and the public, upon request
3) Provide an executed Roadway Maintenance Agreement between the Applicant and the
Town of Johnstown, and obtain all necessary permits, prior to beginning construction of
the facility — for any Town roads that may be impacted by the construction or ongoing
maintenance of the facility.
The Town appreciates the opportunity to participate in the review of this project, and asks that
the Commissioners take these concerns and proposed conditions of approval into account as
decisions are made.
Sincerely,
Gary Lebs
Mayor
CC: Johnstown Town Council
i
i
i
Chris Gathman
tom;!
lent: —
to:
,object:
Hackett - CDPHE, Sean <sean.hackett@state.co.us>
Tuesday, March 26, 2019 4:07 PM
Michelle Wall; Chris Gathman
Re: CASE: USR190011
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Good afternoon, Chris:
the Colorado Department of Public Health and Environment (CDPHE) appreciates the opportunity to comment on this proposal. Please note that
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
Miles and regulations.
oil and gas facilities must comply with all relevant Federal and State rules and regulations. Information on oil and gas permits and Air Pollutant
emissions Notices (APEN) can be found at https://www.colorado.gov/pacific/cdphe/aidoil-and-gas-index. 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.
Sincerely,
Sean Hackett
thergy Liaison
COLORADO
Department of Public
Health & Environment
P 303.692.3662 I F 303.691.7702
4300 Cherry Creek Drive South, Denver, CO 80246
sean.hackett@state.co.us I www.colorado.gov/cdphe
1
bn Fri, Mar 1, 2019 at 8:24 AM Michelle Wall <mwall@weldgov.com>wrote:
We have received case (USR19-0011) in which we ask that you review the material and send a referral to us. Please click on the link
below and select "Search Applications" under the Planning tab. Input the record number. Click the "Search" button at the bottom of
the page. Please click the blue arrow next to the "Record Info" button at the top. Select Attachments and you will find all the
information including the referral form to submit back to us. The following is a quick link to the case search:
https://accela-aca.co.weld.co.us/citizenaccess/.
If you have any questions, please don't hesitate to contact me at the number below. Thank youl
Michelle Wall
Weld County Planning Department
1555 North 17th Avenue
Greeley CO 80631
Ph: 970.400.3531
tx: 970.304.6498
mwall@weldgov.com
2
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