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Home My WebLink About20192637.tiffMEMORANDUM TO: Kim Ogle, Planning Services FROM: Hayley Balzano, Public Works DATE: March 26, 2019 SUBJECT: USR-MUSR-SPR 2-1-2019 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 Processing and a Use Similar to Uses by Special Review in the A (Agricultural) Zone District as long as the Use complies with the general intent of the A (Agricultural) Zone District (Hemp Processing, Storage and Distribution of extracted raw oil). This project is north of CR 74 and is west of and adjacent to CR 53. Parcel number 071132100005 & 071132100006. Access is from CR 53. ACCESS Weld County Public Works has reviewed the application materials related to access. The applicant is proposing the use of an existing access on County Road 53, approximately 2200 feet south of County Road 76. The access will need to meet commercial access standards of 24-36 feet in width, having 60' turning radii. The applicant will need to ensure that the access is not greater than 10 degrees from perpendicular to County Road 53 for the length of the longest vehicle that will access the site. Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying out your site plan to ensure the approved accesses are compatible with your layout. Per Chapter 12, Article V, Section 12-5-30. F, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing widths are shown in Weld County Code Appendix Table 12A-2. Please refer to Chapter 12 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 53 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/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 53 counted 237 vpd with 16% trucks. The 85th percentile speed is 52 mph. The traffic information submitted with the application materials indicated that there will be approximately 15-20 passenger vehicle roundtrips per day and 1-2 truck roundtrips per day. It is estimated that 25 of the traffic will be going to the north on County Road 53, to County Road 76, and 75 of the traffic will be going to the south on County Road 53 to County Road 74. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. A variance request for alternatives to the tracking control requirement can be submitted to Public Works for review and consideration. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT Public Works is requiring an Improvements Agreement for dust control and damage repair to specified haul routes, 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 a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. Detention Pond summarized in a Drainage Report: The applicant has submitted a preliminary drainage report. A final drainage report and detention pond design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR map. The drainage report must include a certification of compliance stamped and signed by the PE. A Certification of Compliance form can be found on the Public Works Development Review website. General drainage report checklist is available on the engineering website. More complete checklists are available upon request. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Public Works for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. CONDITIONS OF APPROVAL A. An Improvements and Road Maintenance Agreement is required for this project. Road maintenance includes, but is not limited to, triggered future improvements, dust control and damage repair to specified haul routes. (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 plan shall be amended to delineate the following: 1. County Road 53 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 operation. (Department of Public Works) 3. Show and label the approved tracking control on the site plan. (Department of Public Works) 4. 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) 5. 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) 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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) Prior to Operation: A. The approved access and tracking control shall be constructed. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 5. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 6. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) TO: FROM: DATE: RE: WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org MEMORANDUM Kim Ogle, Planning Services Ben Frissell, Environmental Health Services March 12, 2019 USR19-0015 H2S2 (Colorado Cultivars) Hemp Processing Environmental Health Services has reviewed this proposal for a Site -Specific Development Plan and Use by Special Review Permit for Processing and a Use Similar to Uses by Special Review in the A (Agricultural) Zone District as long as the Use complies with the general intent of the A (Agricultural) Zone District (Hemp Processing, Storage and Distribution of extracted raw oil). There will 15-20 full time employees. The property is served by a tap with North Weld County Water District (tap 3540) and septic system (SP -071062). However, the current septic system is permitted for residential use and will require the system to be evaluated and re -permitted. The application indicated there will be no floor drains, washing of vehicles or equipment or air emissions. We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. In the event the applicant intends to utilize the existing septic system, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. 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 We recommend 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, 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. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner, that minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturers' recommendations. 5. Fugitive dust shall attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 6. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. 7. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed the level of seven -to -one dilution threshold, as measured pursuant to 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 seven -to -one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. 8. A permanent, adequate water supply shall be provided for drinking, hand washing and toilet facilities for employees and patrons of the facility. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Wastewater Treatment Systems. 9. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in 2 accordance with the applicable provisions of 40 CFR, Part 112, shall be available. 10.The facility shall comply with the Colorado Department of Agriculture Rules and Regulations pertaining to Industrial Hemp (8 CCR 1203-23). 11.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 3 Submit by Email Weld County Referral February 13, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: H2S2, LLC, c/o Colorado Cultivars Case Number: USR19-0015 Please Reply By: March 13, 2019 Planner: Kim Ogle Project: A Site -Specific Development Plan and Use by Special Review Permit for Processing and a Use Similar to Uses by Special Review in the A (Agricultural) Zone District as long as the Use complies with the general intent of the A (Agricultural) Zone District (Hemp Processing, Storage and Distribution of extracted raw oil). Location: West of and adjacent to County Road 53; approximately 0.5 miles north of County Road 74 Parcel Number: 071132100005-R8952874 and 071132100006-R8952875 Legal: PT LOT REC EXEMPT RECX17-0186, S2NE4 SECTION 32, T7N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does /does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Sarah Brucker, P.E. Colorado Division of Water Resources 03/01/2019 Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax COLORADO Division of Water Resources March 1, 2019 Kim Ogle Weld County Department of Planning Services Transmission via email: kogl e©wel dgov. corn Re: Colorado Cultivars (H2S2, LLC) Case No. USR19-0015 SE'/4 NE'/4 Section 32, T7N, R64W, 6th P.M. Water Division 1, Water District 1 Dear Mr. Ogle: We have reviewed the above referenced Site Specific Development Plan and Use by Special Review to allow for the processing of industrial hemp on site. 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 subject property contains an existing 1,500 square foot equipment building which is proposed to be expanded to 8,500 square feet for the drying and processing hemp into oil via an ethanol extraction process. The hemp processing operation is anticipated to have 15-20 full-time employees. There is an existing single-family dwelling on the property that is proposed to be used as office and meeting space, and will provide restrooms for employees. Approximately 5 acres of the property is proposed to be used for outdoor industrial hemp production. There is an existing 8,712 square foot greenhouse, three 1,000 square foot hoop houses, and one 2,000 square foot hoop house that will be used for cultivation. Drinking water is supplied to the property via a tap from the North Weld County Water District (tap no. 3540). The source of water for plant cultivation/ irrigation was not identified. A detention pond for managing storm water runoff is proposed to be located west of the existing residence and proposed shop. The applicant should be aware that, pursuant to Colorado Senate Bill 15-212, storm water facilities must meet specific criteria to prevent them from being administered by the Office of the State Engineer as detailed in Section 37-92-602(8), C.R.S. The detention pond must be operated solely for storm water management and be subject to oversight by a governmental entity (i.e., required as part of a permitting process). Further, it must release or infiltrate at least 97 percent of all of the water from a rainfall event that is equal to or less than a five-year storm within 72 hours of the end the rainfall event. Water detained from rainfall events greater than five-year storms should be released as quickly as practicable, not to exceed the release or infiltration of 99 percent of all water within 120 hours of the end of the rainfall event. The detention pond must operate passively, not expose ground water, and not subject the storm water runoff to any active treatment process. In addition, for detention facilities constructed after August 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 Colorado Cultivars (H2S2, LLC) Case No. USR19-0015 March 1, 2019 Page 2 of 2 5, 2015, the operator must submit notice of the proposed detention facility to the Substitute Water Supply Plan Notification List. Urban Drainage and Flood Control has created a notification portal that operators can use to satisfy this requirement: https:/ / maperture.digitaldataservices.corn/ qvh/ ?viewer=cswdif. Should you or the applicant have any questions regarding this matter, please contact me at this office. Sincerely, Sarah Brucker, P.E. Water Resources Engineer Cc: Agent (Shannon Toomey, stoomey@agpros.com) Referral file no. 25813 Hello