HomeMy WebLinkAbout20191766.tiffMEMORANDUM
TO: Angela Snyder, Planning Services
FROM: Mike McRoberts, P.E., Public Works
DATE: February 22, 2019
SUBJECT: USR19-0002 English Feedlot
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 Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility -
Saltwater Injection Facility) in the A (Agricultural) Zone District
This project is north of CR 10 and is east of and adjacent to CR 39.
Parcel number 147308300011.
Access is from CR 10.
ACCESS
Weld County Public Works has reviewed the application materials related to access. Access to the site will
be on County Road 10, approximately 5,180 west of County Road 41. From County Road 10, site traffic
will travel approximately 1,900 feet north (on unmaintained section line County Road 39) to the site's
entrance gate.
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways.
ROADS AND RIGHTS -OF -WAY
County Road 10 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 39 is a section line road. Section line right-of-way does not exist in all sections in Weld County
and should be verified before a decision to utilize it is made. Weld County commonly refers to these
locations as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply
public right-of-way and the road may be located on private property. All right-of-way should be verified and
physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the
existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be
verified it shall be dedicated or an adequate easement between property owners shall be provided.
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 the physical roadway(s) may not
be centered in the right-of-way. This road is NOT 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 10 counted 141 vpd with 19% trucks. The 85' percentile speed is 43 mph.
Expedition Water Solutions traffic narrative states that the site will have approximately 20 passenger vehicle
daily roundtrips and typically less than 5 truck trips per day. The traffic narrative also states that the site
could possibly have up to 20 truck daily roundtrips, if overflow from another injection site required trucks to
be routed to this site. Overflow traffic would not be considered "normal operation".
50% of site traffic will be going to the east on County Road 10 and 50% of site traffic will be going to the
south on County Road 39.
TRACKING CONTROL
The applicant is proposing to have either gravel or concrete on all driving surfaces. Since the site is
accessing onto an unmaintained gravel road, this meets the requirements for permanent tracking control.
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.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. 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. 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 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 10 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate 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 39 Section Line is shown to have 0 feet of unmaintained section line right-of-way per
the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on
the site plan. Show and label the section line Right -of -Way as "CR 39 Section Line Right -Of -Way,
not County maintained." All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
3. Show and label the approved access locations on the site plan. The applicant must obtain an
access permit in the approved location(s) prior to construction. (Department of Public Works)
4. Show and label the approved tracking control on the site plan. (Department of Public Works)
5. Show and label the entrance gate if applicable. An access approach that is gated shall be designed
so that the longest vehicle (including trailers) using the access can completely clear the traveled
way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled
surface be less than 35 feet. (Department of Public Works)
6. Show and label a 30 -foot wide minimum access and utility easement to provide legal access to the
parcel on the site plan, if applicable. (Department of Public Works)
7. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
8. Show and label the drainage flow arrows. (Department of Public Works)
9. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
5. The Property Owner shall comply with all requirements provided in the executed 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. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Angela Snyder
From: Ben Frissell, Environmental Health Services
Date: February 11, 2019
Re: USR19-0002 Class II Injection Well EWS # 10
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste
Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District
There will be up to 10 full time employees that utilize the site with some additional third -
party truck drivers and/or contractors. Water will be provided by a proposed commercial
well and the site will be serviced by a proposed engineered on -site wastewater
treatment system. No recycling operations will occur onsite.
We recommend that the following requirements be incorporated into the permit as
conditions that must be met prior to the acceptance of waste:
1 The facility shall submit a Groundwater Monitoring Plan for review and approval
to the Weld County Department of Public Health and Environment.
2. The facility shall submit design plans of the offload pad area which should
incorporate a sub -sump monitoring point and synthetic liner for review and
approval to the Weld County Department of Public Health and Environment.
Environmental Health has no objections to the proposal; however, we recommend that
the following requirements be incorporated into the permit as development standards:
1. No disposal of waste, other than Class II, as currently defined by the
Environmental Protection Agency, is permitted. Any changes from the approved
Class II use will require an amendment to this Use by Special Review Permit.
2. 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.
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-301-6412
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: `.10-301-6,1 16
Environmental Health Communication,
Services Education & Planning
Tele: 970-304-6415 Tele:970-304-6470
Fux: 970-304-6411 Fax. 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6462
Public Health
3. 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.
4. 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.
5. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's air quality regulations.
6. The 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.
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.
8. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to On -site Wastewater Treatment Systems. A
permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
9. All potentially hazardous chemicals on -site 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.
10. 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 Rules and/or
the provisions of the State Underground and Above Ground Storage Tank
Regulations.
11.A leak detection system shall be designed and installed beneath concrete
unloading pad(s), piping, and sump(s). The unloading pad shall be kept in good
condition.
12.As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
13. The facility shall be constructed and operated to ensure that contamination of soil
and groundwater does not occur.
14.The facility shall comply with the accepted Groundwater Monitoring Plan.
15. Analytical waste data and environmental monitoring data shall be made available
to Weld County Department of Health and Environment upon request. The Weld
County Department of Health and Environment reserves the right to require
additional monitoring.
16. 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.
17. All stormwater, which has come into contact with waste materials on the site, shall
be confined on the site. In the event the storm water is not adequately controlled
on the site, upon written notification from the WCDPHE or CDPHE, a
comprehensive site -wide Stormwater Plan shall be developed and implemented.
The plan must be approved, in writing by the WCDPHE or CDPHE, prior to
implementation.
18.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, as applicable.
19. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as set forth in Section 25-12-103, C.R.S.
20. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the
facility will remove all wastes from the site and decontaminate all equipment,
tanks, and secondary containment. All wastes removed from the site during
closure activities will be disposed of off -site, in accordance with all state and
federal rules and regulations and with Weld County Code. Documentation of
closure activities will be provided to WCDPHE.
21. The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
22.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.
23. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
From: Steve Stamey
To: Angela Snyder
Subject: RE: USR19-0002 referral response
Date: Monday, January 21, 2019 11:58:28 AM
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.
Angela:
Here are the Town's comments (from the Town's Water Engineer), requesting additional
information:
Kristine:
The Town of Lochbuie requests this additional information:
• Please specify the geologic formations that the fluid will be injected into.
• Please provide a description of the proposed injection well construction, including proposed
grouting intervals, conductor pipe and protection casing intervals. We request this information
to confirm that the proposed construction will be protective of local aquifer systems.
Thank you.
Steve Stamey
Town Administrator
Town of Lochbuie
From: Angela Snyder [mailto:asnyder@weldgov.com]
Sent: Monday, January 21, 2019 11:57 AM
To: Steve Stamey <sstamey@Lochbuie.org>
Subject: USR19-0002 referral response
Steve,
The attachment we received was blank. Would you mind filling it out and resubmitting?
Best,
Angela
Angela Snyder, CFM
Planner I
1555 N 17th Ave
Greeley, CO 80631
asnyder tweldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
COLORADO
Division of Water Resources
De-oa-trnent of Natj at?esources
February 5, 2019
Angela Snyder
Weld County Department of Building and Planning Services
Transmitted via email: asnyder@weldgov.us
Re: English Feedlot 2, LLC - Site Specific Development Plan and Use by Special Review
Case no. USR19-0002
Part of NW IA of the SW '/a, Sec. 8, Ti N, R65W, 6th P.M.
Water Division 1, Water District 2
Dear Ms. Snyder,
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-
101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March
11, 2011 memorandums to county planning directors, this office will only perform a
cursory review of the referral information and provide informal comments. The
comments do not address the adequacy of the water supply plan for this project or the
ability of the water supply plan to satisfy any County regulations or requirements. In
addition, the comments provided herein cannot be used to guarantee a viable water
supply plan or infrastructure, the issuance of a well permit, or physical availability of
water.
According to the submitted information, the Applicant is seeking a site specific
development plan and use by special review permit for mineral resource development
facilities, an oil and gas support and service facility in the A (Agricultural) Zone District.
The referral information indicated a well permit has been applied for.
A review of our records did not find any well permits or well permit applications for the
approximately 10 acres area of the this referral. However there are wells located in the
SW 1/4 of Sec. 8, Ti N, R65W, Sixth P.M. parcel owned by the applicant that is not part of
the -10 acres in this referral. If the applicant will be using the well(s) located on the
parcel owned by the applicant, but not located on the subject 10 acres of this referral,
the applicant should indicate such and this office can comment on the use of the well(s).
The applicant should be aware that any storm water detention structure proposed for this
specific development, must meet the requirements of a "storm water detention and
infiltration facility" as defined in section 37-92-602(8), Colorado Revised Statutes, in
order for the structure to be exempt from administration by this office. The applicant
should review DWR's Administrative Statement Regarding the Management of Storm Water
Detention Facilities and Post-Wildland Fire Facilities in Colorado, attached, to ensure that
the notification, construction and operation of the proposed structure meets statutory
and administrative requirements. The applicant is encouraged to use Colorado
Stormwater Detention and Infiltration Facility Notification Portal, located at
https://maperture.digitaldataservices.com/gvh/?viewer=cswdif, to meet the notification
requirements.
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water
Jared Polls, Governor Dan Gibbs, Executive Director
Kevin G. Rein, State Engineer/Director
USR19-0002
February 5, 2019
Page 2 of 2
The ability for the Applicant to obtain well permits, and the allowed uses, will be
determined at the time that the well permit applications are submitted to and reviewed
by the State Engineers Office.
Should you or the applicant have any questions, please contact Ailis Thyne at (303) 866-
3581 x8216.
Sincerely,
Joanna Williams, P.E.
Water Resource Engineer
From,
To,
5 ubject,
Date:
Attachments:
Hackett - CDPHE, Sean
Re, LISR19-6092 Reie a
Wednesday.:anuay 30, 201912:21:32 PM
his email urieinaied from nulsidc of Weld Cuurdy (iu.crmeenl. Du not disk links orupcn auadimems nnlces you rewenizc [Inn sender and know the ,nmem is safe.
Good afternoon, Angela:
The Colorado Department of Public Health and Environment (CDPHE) appreciates the opportunity to comment on this proposal, The referral form is attached,
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 rules and regulations.
Although this proposed facility is not within the Denver Metro/North Front Range Ozone Nonattainment Area, emissions from outside the nonattainment area
can impact air quality within the nonattainment area, Due to the proximity of this proposed facility to the Ozone Nonattainment Area, CDPHE recommends that
the applicant employ the following Reasonably Available Control Technology (RACT) requirements for volatile organic compounds (VOCs) to minimize splash
unloading of wastewater and reduce emissions from this proposed salt water injection facility,
a) Unloading of wastewater shall be conducted by submerged fill.
b) Loading of condensate shall be conducted by submerged fill.
c) Leakage of VOCs to the atmosphere must be minimized as follows:
. All access points, hatches and seals shall be maintained and operated to minimize vapor loss except when opened, actuated, or used for maintenance
activities.
• Any opening, actuation Cr use of receiving tank access points or hatches shall be limited so as to minimize vapor loss.
• Seals shall be inspected for integrity at least annually and replaced as necessary. Tank access hatches, and thief hatch covers shall be properly seated.
. Annual inspections of seals shall be documented with an indication of status, a description of any problems found, and their resolution.
. Hoses, couplings, and valves shall be maintained to prevent dripping, leaking, or other liquid or vapor loss during loading and unloading.
Please let me know if you have any questions.
Sincerely,
Sean Hackett
Energy Liaison
Colorado Department of Public Health and Environment
P 323.392 :3662 I F 523.3391_"02
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Sincerely,
Sean Hackett
Energy Liaison
P SU3.392 :3662 I F 523.691.!!02
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On Fri, Jan 18. 2019 at 9:01 AM Kristine Ranslem c,,,n> wrote:
We have received a case (USR19-0002) 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. 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:
-tics accela-aca.cc veld.ce.us ci:ize-access .
If you have any questions, please don't hesitate to contact me at the number below. Thank your
Planning Technician
Weld County Planning Department
1555 K_ 17th Avenue
Greeley. CO 110G3I
(970)400.3519
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may
contain information that is privileged. confidential or otherwise protected front disclosure_ If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure. copying. distribution or the taking of any action concerning the contents of this communication or
any attachments by anyone other than the named recipient is strictly prohibited_
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