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HomeMy WebLinkAbout20190534.tiffMEMORANDUM TO: Angela Snyder, Planning Services FROM: Hayley Balzano, Public Works DATE: November 14, 2018 SUBJECT: USR18-0107 Kerr McGee The Weld County Department of Public Works has reviewed this Use by Special Review Pipeline 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 ACCESS Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. 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 The pipeline crosses County Road 44 west of County Road 15. In this area, County Road 44 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article Ill, 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. The pipeline travels along and crosses County Road 15. County Road 15 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article Ill, 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. The pipelines travels along and crosses County Road 40. West of County Road 15, County Road 40 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. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article Ill, 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. The pipeline travels along and crosses County Road 38. County Road 38 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article Ill, 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. The pipeline travels along and crosses County Road 36. County Road 36 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article Ill, 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. The pipeline crosses County Road 17. County Road 17 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) arterial road, which requires 140 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article Ill, 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. The pipeline travels along and crosses County Road 34. County Road 34 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article Ill, 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. The pipelines crosses County Road 19. North of County Road 34, County Road 19 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. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article Ill, 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. Pipelines crossing a county road shall obtain a Right -of -Way Permit and possibly a Special Transport Permit. Pipelines crossing county roads shall be bored, unless otherwise approved by Public Works. Right -of -Way Use Permit instructions and application can be found at https://www.weldgov.com/departments/publicworks/permits/. Any oil and gas pipeline crossing a maintained or unmaintained County road right-of-way shall be bored a minimum depth of ten (10) feet, subject to approval or modification by the Department of Public Works based on engineering and safety standards and existing utilities in the right-of-way. This depth shall be measured below the lowest roadside ditch flowline elevation to the crown of the pipe, and for the full width of the future right of way. 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. TRACKING CONTROL POLICY Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road base. Tracking control is required to prevent tracking from the site onto public roadways. 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 devices can be double cattle guards or rip rap (6" washed rock). 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. ROAD MAINTENANCE AGREEMENT A road maintenance agreement is required for a pipeline during construction. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldqov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/sprusr.pdf. It will detail the approved haul route(s), outline when offsite 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 and damage repairs. DRAINAGE REQUIREMENTS Pipelines are excepted from the requirements of a drainage report and detention pond design under 23- 12-30.F.1.a.5 for pipelines or transmission lines. GRADING PERMIT If more than 1 acre is to be disturbed for construction of non -pipeline items such as structures, parking lots, laydown yards etc., a Weld County grading permit will be required prior to the start of construction. 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 during the construction of the pipeline. Road maintenance may include dust control, tracking control, damage repair attributable to construction of the pipeline and located within 1/2 mile of any construction access point for the project. (Department of Public Works) B. 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 on the site plan the existing right-of-way. 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 15 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 on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 3. County Road 40 Section Line is 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 40 Section Line Right -Of -Way, not County maintained." All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 4. County Road 38 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 5. County Road 36 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 on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 6. County Road 17 is a paved road and is designated on the Weld County Functional Classification Map as a arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 7. County Road 34 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 8. County Road 19 Section Line is shown to have 30 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 19 Section Line Right -Of - Way, not County maintained." All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 9. Show and label the approved access locations on the site plan (If applicable). The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) Prior to Construction: A. The approved access and tracking control shall be constructed prior to construction of the pipeline. (Department of Public Works) B. The applicant shall submit evidence of a right-of-way permit for any work that may be required in the right-of-way and/or a special transport permit for any oversized or overweight vehicles that may access the site. (Department of Public Works) C. If more than one (1) acre is to be disturbed for construction of non -pipeline items, a Weld County grading permit will be required. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. During construction, the access(es) on 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. During construction, there shall be no parking or staging of vehicles on public roads. (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. Any oil and gas pipeline crossing a maintained or unmaintained County road right-of-way shall be bored a minimum depth of ten (10) feet, subject to approval or modification by the Department of Public Works based on engineering and safety standards and existing utilities in the right-of-way. This depth shall be measured below the lowest roadside ditch flowline elevation to the crown of the pipe, and for the full width of the future right of way. (Department of Public Works) 6. With exception of perpendicular crossings, oil and gas pipelines are not to be located within Weld County right of way or future right of way. (Department of Public Works) 7. Any damage occurring to the County right-of-way or County maintained roadway, caused by the pipeline, will be the responsibility of the operator. (Department of Public Works) 8. The historical flow patterns and runoff amounts on site will be maintained. (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: Lauren Light, Environmental Health Services Date: November 5, 2018 Re: USR18-0107 Kerr McGee Gathering, LLC Environmental Health Services has reviewed this proposal for a Site -Specific Development Plan and Use by Special Review Permit a Site -Specific Development Plan and Use by Special Review Permit for a for a greater than 12 -inch high pressure natural gas pipeline (24 -inch High Pressure Natural Gas Pipeline, approximately seven and a half (7.5) miles in length) in the A (Agricultural) Zone District. Permanent water and sewer is not required as this request is a temporary construction use. Portable toilets and bottled water can be utilized during construction of the pipeline. If the amount of disturbed area exceeds 25 acres an Air Pollution Emission Notice (APEN) is required. We have no objections to the proposal; however, we do recommend that the following requirements be incorporated into the permit as development standards: 1. During construction, 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. During construction, 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. During construction, 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 facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 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 4. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the pipeline and until ground cover is established. Uses on the property shall 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. 6. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 7. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. PROJECT: MEMORANDUM TO: Angela Snyder DATE: October 23, 2018 FROM: Angela Snyder, CFM SUBJECT: USR18-0107, Kerr-McGee Gathering LLC A Site Specific Development Plan and Special Review Permit for a greater than 12 -inch, (24 -inch high pressure natural gas) pipeline approximately seven and one-half (7.5) miles long in the A (Agricultural) Zone District PARCELs: Multiple PRIOR TO CONSTRUCTION: 1. A Flood Hazard Development Permit is required to install pipelines in the 100 -year floodplain. (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. 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) Directors: Bill Szmyd, President Steve Brandenburg Larry Brandt Paul Bukowski Kathy Gallivan -Grist Ed Martens Emily McMurtrey Little Thompson Water District October 26, 2018 District Manager: Michael T. Cook 835 E Highway 56 Berthoud, CO 80513 P: 970-532-2096 F: 970-532-3734 www.LTWD.org Angela Snyder Weld County Planning Department 1555 N 17th Ave Greeley, CO 80631 RE: Case Number USR18-0107, Kerr McGee Gathering, LLC Ms. Snyder, This letter is in response to the referral for the referenced case number USR18-0107. The proposal intends to construct a large high-pressure natural gas line approximately 7.5 miles long generally from WCR 44 between WCR 13 and WCR 15 south and slightly east to a location near the intersection of WCR 19 and WCR 34. We ask that Kerr McGee coordinate with our staff to ensure adequate separation is met in each of the crossings encountered. We currently own and operate the following waterlines in the following locations that likely will be crossed: • 1.5 inch waterline running east -west along WCR 44 between WCR 13 and WCR 15. • 8 -inch waterline running east from the Farmers Ditch and railroad between Sections 30 and 31 in T4N, R67W • 4 -inch waterline along the north side of WCR 38 west of WCR 15 • An 8 -inch waterline along WCR 15 from WCR 38 south past WCR 36, a portion of which is in a private easement (see reception number 3896127 along Parcel No. 120906100047). If the proposed pipeline will cross that easement, a crossing agreement will be required. • An 8 -inch line along WCR 34 that extends west of WCR 17 • A 4 -inch line along WCR 17 north of WCR 34 which lies in a private easement (see reception number 1428323). If the proposed line will cross that easement, a crossing agreement will be required. • A 65 -inch line along WCR 18 south of WCR 34 We encourage the applicant to contact us to discuss as necessary. Sincerely, Arliber Kauffman, P.E. District Engineer Submit by Email Weld County Referral October 10, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: Kerr McGee Gathering, LLC Case Number: USR18-0107 Please Reply By: November 7, 2018 Planner: Angela Snyder Project: A Site Specific Development Plan and Use by Special Review Permit for a greater than 12 -inch high pressure natural gas pipeline (24 -inch natural gas pipeline approximately seven and a half (7.5) miles in length in the A (Agricultural) Zone District. Location: EAST OF CR 13. SOUTH OF CR 46, WEST OF CR 19.5, NORTH OF CR 32.5 Parcel Number: Multiple Parcels Legal: THE PIPELINE WILL CROSS SECTIONS 6, 7, 8, 9,10, AND 15, T3N; SECTIONS 18,19, 30, AND 31, T4N; ALL IN R67W 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. Tyler Drage (signed electronically 10/11/18) 10-11-2018 Signature Date Agency Front Range Fire Rescue Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax FRONT RANGE FIRE RESCUE PO Box 130, Milliken, CO 80543 970-587-4464 / Fax: 970-587-0324 Courage * Compassion * Professionalism Serving Johnstown, Milliken and Weld County for more than 100 years PLAN REVIEW COMMENTS Applicant: Kerr-McGee Gathering, LLC (KMGG) Application for: Proposed 24 -inch High Pressure Oil Pipeline Application Date: October 10, 2018 Comment Date: October 11, 2018 These comments pertain to the application for installation of a new 24 -inch high pressure oil pipeline from Johnstown to Saint Vrain, a distance of approx. 7.5 miles. The proposed installation will impact numerous locations within the Front Range Fire Rescue Fire Protection District. This Use by Special Review (USR) application is approved by Front Range Fire Rescue. Information in the Application Narrative indicates that this pipeline will connect to a proposed Johnstown Compressor Station. Information has not been received on this portion of the project. Applicant shall be required to provide information on this portion of project, and obtain appropriate permits from Front Range Fire Rescue, before construction. FRFR Review: Proposed 24 -inch High Pressure Oil Pipeline Page 1 of 1 Subs by Ernail Weld County Referral October 10, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: Kerr McGee Gathering, LLc CaseNumber: R18-0107 Please Reply By: November 7, 2018 Planner: Angela Snyder Project: A Site Specific Development Plan and Use by Special Review Permit for a greater than 12 -inch high pressure natural gas pipeline (24 -inch natural gas pipeline approximately seven and a half (7.5) miles in length in the A (Agricultural) Zone District, Location: EAST OF CR 13. SOUTH OF DR 46, WEST OF CR 19.5, NORTH OF CR 32.5 Parcel Number: Multiple Parcels Legal: THE PIPELINE WILL CROSS SECTIONS 6, 7, 8, 9,10, AND 15, T3N; SECTIONS 18,1 g, 30, AND 31,14N; ALL IN R67W OF THE 6TH RM., 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 1t does I 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 Farmers Reservoir & Irrigation Company Date 11-7-18 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax The Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton, CO 80601 PH: 303-6594373 / F • 3034594077 TO: Weld County DATE: November 7, 2018 ERIC() Project# Referrals Weld County EMAILED: November 7, 2018 EMAILED TO: asnyder@weldgov.com APPLICANT: Kerr McGee Gathering, LLC RE: Site Specific Development Plan & Use by Special Review Permit CASE#! USR18-0107 -0107 DEAR Ms. Snyder: I wish to submit the following information regarding the above referenced project. The concerns of Farmers Reservoir and Irrigation Company are in the area of encroachment to the Right of Way of the canal. FRICO requires a minimum of 25' on each side of the canal for a maintenance road plus the distance to the toe of the ditch embankment. The boundaries of the Right of Way must be agreed upon. Drainage is another concern that must be addressed as FRICO does not allow any developed storm flow into our canals. This will apply if any development happens. Property concerns need to be resolved. No construction of any structure can be put on our ROW. No use of any sort including pedestrian or vehicle on our ROW is approved. Please send drainage study and additional information regarding your project so that we may complete our review and that review criteria can be sent to you, if applicable. FRICO does not accept retention ponds adjacent to our facilities, however, we may grant a variance with submittal of application and engineering deposit for review of drainage plan and other documents. Canal road may not be used for access without approval and executed agreement. FRICO will require a license agreement FRICO will require an access permit FRO will require a seepage agreement FRICO No comments on application/proposal e request to comment again. The applicant has or has not completed a Project Review Application and submitted a deposit for review fees with the Ditch Company. In addition to the above comments, FRICO's comments are limited to this set of plans. Please email Scott Edgar, FRICO General Manager or Eve Craven should you have any questions. Sincerely, Scott Edgar Scottalarmersres._com FRICO, General Manager Eve Craven Eye fa rm ersres. co rn FRICO, Projects Coordinator Hello