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Home My WebLink About20192307.tiffMEMORANDUM TO: Angela Snyder, Planning Services FROM: Mike McRoberts, P.E., Public Works DATE: April 11, 2019 SUBJECT: USR19-0020 Moss Feed Lot 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 a Livestock Confinement Operation (7,000 head cattle) in the A (Agricultural) Zone District This project is north of and adjacent to CR 80 and is west of and adjacent to CR 41. Parcel number 070916300010, 070916300011, 070916300056. Access is from CR 80. ACCESS Weld County Public Works has reviewed the application materials related to access. The existing accesses to the property are located on County Roads 80 and 41. There are several access permits associated with this property for agricultural, commercial, residential, and oil and gas uses: AP17-00463, AP14-00258, AP17-00363, AP17-00390, and AP11-00533. The approved access points are expected to be used for their approved function(s). No new access points are proposed. Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. Please refer to Chapter 12 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 80 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. County Road 41 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. 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/d epartments/publicworks/perm its/. 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 80 counted 42 vpd with 30% trucks. The 851h percentile speed is 43 mph. The traffic information submitted with the application materials indicated that there will be approximately 5 passenger vehicle/pickup truck and 8-10 semi -tractor trailer daily roundtrips with rendering vehicle trips occurring as needed. The application materials also indicated that travel distribution along CR 80 will be 50% to the east to CR 43 and 50% to the west to CR 41 for north -south travel. 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. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Public Works for review and consideration. This site requires double cattle guards and 100 ft. of road base or road base on all driving surfaces. ROAD MAINTENANCE AGREEMENT Public Works is requiring Road Maintenance Agreement including, but is not limited to, dust control and damage repair to specified haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldcaov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/USR-SPR-Permits°/020Improvements°/020Agreement°/020Template.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 Detention pond waived and a simple drainage narrative: The applicant has submitted a drainage narrative stating that the site meets drainage exception 23-12- 30.F.1.a.15 for Concentrated Animal Feeding Operation (CAFO), Animal Feeding Operations (AFO) and Housed Commercial Swine Feeding Operation (HCSFO) which are covered and approved by the Colorado Discharge Permit System (CDPS) regulations. Portions of the site not i 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 and damage repair to specified haul routes. (Department of Public Works) B. The plan shall be amended to delineate the following: 1. County Road 41 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. County Road 80 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 3. Show and label the approved access locations, approved access widths and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 4. Show and label the approved tracking control on the site plan. (Department of Public Works) 5. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 6. Show and label the drainage flow arrows. (Department of Public Works) 7. 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 applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) B. Tracking control shall be in place prior to on -site construction. (Department of Public Works) C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 5. The Property Owner shall comply with all requirements provided in the executed 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 visit and possible updates. (Department of Public Works) 7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Angela Snyder From: Ben Frissell, Environmental Health Services Date: April 4, 2019 Re: USR19-0020 Rusco Land & Cattle LLC. Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for a Livestock Confinement Operation (7,000 head cattle) in the A (Agricultural) Zone District The application indicates that up to 5 fulltime employees would utilize the site. The facility is serviced by an existing tap with North Weld County Water District (3023000) and an existing septic. However, no information regarding the septic was provided as part of the application, and information related to the existing septic was not found by staff. The applicant supplied a Management Plan for Nuisance Control to help minimize conditions that arise from animal confinement operations. There will be no fuel storage onsite, no washing of vehicles or equipment on -site and there will be no floor drains. We recommend that the following requirements be incorporated into the permit as conditions that must be met prior to the issuance of the Certificate of Occupancy: 1. An onsite wastewater treatment system is required for the proposed facility and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Onsite Wastewater Treatment System Regulations. 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., as amended) shall be stored and removed for Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-304-6412 Public Health & Clinical Services Icic: 9:0 304 6420 Fax: 910-304-64 16 Environmental Health Services Tele: 970-304-6415 Fux: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970-304-6452 Public Health 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, Section 30-20-100.5, C.R.S. 3. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 6. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. 7. 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. 8. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61). There shall be no discharge of manure or process wastewater, except as provided in the facility's Colorado Discharge Permit. 9. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water Quality Control Division, for construction activities. 10.Any manure or process wastewater applications shall be at agronomic rates and in accordance with the Nutrient Management Plan or Manure and Wastewater Management Plan. There shall be no discharge from land application areas, except for agricultural stormwater. 11.The facility shall be operated and maintained in a manner to prevent nuisance conditions, in accordance with the approved Management Plan for Nuisance Control. 12. Odors detected off the site shall not equal, or exceed, the level of fifteen -to -one dilution threshold, as measured using methods set forth in Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented, at the request of the Weld County Department of Public Health and Environment, in the event odor levels detected off site of the facility meet, or exceed, the level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. 13. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface beneath the manure storage areas shall be of materials which are protective of state waters. These areas shall be constructed to minimize seepage or percolation of manure contaminated water. In no event shall the facility impact or degrade waters of the State, in violation of Colorado Water Quality Control Commission Regulation Number 81. 14.The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations. There shall be no open burning except "Agricultural Open Burning" as defined by Colorado Air Quality Control Regulations. 15. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. 16.All potentially hazardous chemicals must be handled in a safe manner, in accordance with product labeling. All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturer's recommendations. 17.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. 18. The facility shall notify the County of any revocation and/or suspension of any State issued permit. 19. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. PROJECT: MEMORANDUM TO: Angela Snyder FROM: Angela Snyder, CFM SUBJECT: USR19-0020, Moss DATE: April 17, 2019 A Site -Specific Development Plan and Use by Special Review Permit for a Livestock Confinement Operation (7,000 head cattle) in the A (Agricultural) Zone District. PARCELS: 070916300010, 070916300011, and 070916300056 COMMENTS: The proposed development associated with this USR does not appear to be located within the Spring Creek floodplain boundary according to the draft site plan submitted with the application. PRIOR TO CONSTRUCTION: 1. Any development in the floodplain requires a floodplain permit. (Department of Planning Services - Floodplain) DELINEATE ON THE PLAT: 1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) DEVELOPMENT STANDARDS: 1. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1250E effective date January 20, 2016 (Spring Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services - Floodplain) 2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Planning Services - Floodplain) COLORADO Division of Water Resources April 9, 2019 Angela Snyder Weld County Department of Planning Services Transmission via email: asnyder©weldgov.corn Re: Use by Special Review for Russell & Connie Moss Rusco Land & Cattle, LLC Case No. USR19-0020 Part of the S 1/2 of Section 16, T7N, R65W, 6th P.M. Water Division 1, Water District 1 Dear Ms. Snyder: We have reviewed the above referenced proposal for a site specific development plan and use by special review permit for a livestock confinement operation. The submitted material does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The application seeks a use by special review permit on an existing feedlot site for 7,000 head of cattle on approximately 175 acres. Water is supplied to the property via a tap from the North Weld County Water District. Precipitation that falls directly on the lot area, feed and commodity area will be routed to either an existing storage pond or a new pond to be constructed. The existing pond has a volume of 9.4 acre-feet. The proposed new pond will have a volume of 10.6 acre-feet. Wastewater captured by the ponds will be dewatered to approximately 330 acres of irrigated farmland. It is estimated that 12.5 acre-feet of wastewater will be generated for land application in an average year. The waste storage ponds do not appear to meet the statutory definition of a storm water detention and infiltration facility as defined in Section 37-92-602(8), C.R.S., and as such are not considered to be exempt from administration. Precipitation that falls on the site is tributary water and is a public resource under Colorado water law, subject to appropriation through the prior appropriation system. Therefore, the Applicant may only collect precipitation in the waste storage ponds pursuant to a court approved plan for augmentation or a substitute water supply plan approved by the State Engineer. The augmentation plan or substitute water supply plan will need to be sufficient to offset all depletions resulting from consumptive use of the intercepted water. Should you or the applicant have any questions regarding this matter, please contact me at this office. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/ water Jared Pol is, Governor Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director Use by Special Review for Russell & Connie Moss Case No. USR19-0020 Sincerely, Sarah Brucker, P.E. Water Resources Engineer Cc: Agent (Kelsey Bruxvoort, kbruxvoort©agpros.corn) Referral file no. 26049 April 9, 2019 Page 2 of 2 Hello