HomeMy WebLinkAbout20192408.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Evan Pinkham, Public Works
DATE: February 25, 2019
SUBJECT: 1MJUSR19-14-0035 Aka Energy Group
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 Major Amendment to a Site Specific Development Plan and Use by Special Review
Permit No. USR14-0035 (Natural Gas & Condensate Separator facility and Compressor facility) to expand
the boundaries and to add an amine system to treat gas and a Cryogenic Processing Plant to an existing
oil and gas support and service facility in the A (Agricultural) Zone District.
This project is north of and adjacent to CR 38 and is west of CR 39.
Parcel number 105531300002.
Access is from CR 38.
ACCESS
Weld County Public Works has reviewed the application materials related to access, and an access permit
has been issued for this site, under AP18-00266.
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 38 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 37 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 38 counted 112 vpd with 35% trucks. The 85' percentile speed is 53 mph.
During construction trucks will be delivering equipment with approximately 10-12 large Semi -trucks or
tandem trucks. Work crews traveling mainly in passenger cars, trucks and vans will comprise another 20-
25 trips a day into the area. This is in addition to any on -going operations and maintenance activity needed
at the plant.
Upon completion of construction the site will be manned as described above by Aka employees/contractors.
Maintenance crews will visit the plant in trucks as needed. Hydrocarbon/condensate will be trucked from
the site three to four times per week. Normal operations should not exceed:
o 6 trips daily — One half ton, or a one ton, pick-up truck will visit the site twice a day.
o 5 trips week — One tractor -trailer on site to haul hydrocarbon condensate.
o 2 trips per month — One tractor -trailer to deliver make-up fluids (i.e. amine, lube oil)
o 2 trips per month — One garbage truck to remove trash from the plant site
Traffic volumes during the construction phase will be intermittent throughout the day for delivery of
equipment from 7:00 to 5:00 pm. Once construction is completed the site visit times will vary dependent
upon the operator's schedule but is typically between 7:00 and 5:00 pm.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. 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 approved tracking control during construction.
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.
MS4
This site is not in a defined Municipal Separate Storm Sewer System (MS4) area which is a more urbanized
area with state mandated, higher water quality requirements
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 plan shall be amended to delineate the following:
1. County Road 38 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 37 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 37 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, approved access width and the appropriate turning
radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s)
prior to construction. (Department of Public Works)
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 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)
7. Show and label the drainage flow arrows. (Department of Public Works)
8. 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. 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: Chris Gathman
From: Ben Frissell, Environmental Health Services
Date: February 14, 2019
Re: 1MJUSR79-14-0035 AKA Energy Group
Environmental Health Services has reviewed this proposal for a Major Amendment to a
Site Specific Development Plan and Use by Special Review Permit No. USR14-0035
(Natural Gas & Condensate Separator facility and Compressor facility) to expand the
boundaries and to add an amine system to treat gas and a Cryogenic Processing Plant
to an existing oil and gas support and service facility in the A (Agricultural) Zone District.
There will be up to 8 full time employees. The applicant is planning on permitting and
installing a commercial well and proposed engineered on -site wastewater treatment
system.
According to the application there will be no fuel stored onsite, no washing of equipment
or vehicles and there will not be any 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.
Environmental Health has no objections to the proposal; however, we recommend that
the following requirements be incorporated into the permit as development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
Health Administration
Vital Records
Icic: 9/U 304 6410
Fax: 9/0-304-6412
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9,10-304-64 15
Environmental Health
Services
Tele:970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fax: 970-304-5452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6452
Public Health
2. No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in
the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
3. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
4. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's air quality regulations.
5. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit Application and obtain a permit from the Air Pollution Control
Division, Colorado Department of Public Health and Environment, as applicable.
6. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. As employees or contractors
are on site for less than 2 consecutive hours a day portable toilets and bottled
water are acceptable. Records of maintenance and proper disposal for portable
toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
Portable toilets shall be screened from existing adjacent residential properties.
7. 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.
8. 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.
9. 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.
10.As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
11.The facility shall be constructed and operated to ensure that contamination of soil
and groundwater does not occur.
12.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.
13. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in 25-12-103 C.R.S.
14.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.
15. The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
16. 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.
17. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Submit by Email
Weld County Referral
January 23, 2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: AKA ENERGY GROUP LLC Case Number: 1 MJUSRI9-14-0035
Please Reply By: February 20, 2019 Planner: Chris Gathman
Project: A Major Amendment to a Site Specific Development Plan and Use by Special Review Permit
No. USR14-0035 (Natural Gas & Condensate Separator facility and Compressor facility) to expand the
boundaries and to add an amine system to treat gas and a Cryogenic Processing Plant to an existing oil
and gas support and service facility in the A (Agricultural) Zone District.
Location: North of and adjacent to County Road 38 and 1/2 mile east of County Road 35.
Parcel Number: 105531300002-R8940002 Legal: W2SW4 SECTION 31, T4N, R65W of the 6th P.M.,
Weld County, Colorado.
The application is submitted to you for review and recommendation. My 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.
B
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
Sean Hackett
Sean Hackettp9e: 20;902;; 095b50 -0T 0•
02/13/2019
Date
Weld County Planning Dept. 1555 N 17th Aye, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
From:
To:
Subject:
Date:
Attachments:
Hackett - CDPHE, Sean
Kristine Ranslem; Chris Gathman
Re: 1MJUSR19-14-0035 Referral
Wednesday, February 13, 2019 9:58:48 AM
Weld County Referral Form (1MJUSR19-14-0035).pdf
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Good morning, Mr. Gathman:
The Colorado Department of Public Health and Environment (CDPHE) appreciates the
opportunity to comment on this proposal. Please note that the following requirements are not
intended to be an exhaustive list and it is ultimately the responsibility of the applicant to
comply with all applicable rules and regulations.
Oil and gas facilities must comply with all relevant Federal and State rules and regulations.
Information on oil and gas permits and Air Pollutant Emissions Notices (APEN) can be found
at https://www.colorado.gov/pacific/cdphe/air/oil-and-gas-index. If you have any questions
regarding Colorado's APEN or air permitting requirements or are unsure whether your
business operations emit air pollutants, please call the Small Business Assistance Program
(SBAP) at 303- 692-3175 or 303-692-3148.
Sincerely,
Sean Hackett
Energy Liaison
P 303.692.3662 I F 303.691.7702
4300 Cherry Creek Drive South, Denver, CO 80246
sean.hackett@state.co.us I ww►w.cotorado. govlcdphe
On Wed, Jan 23, 2019 at 10:46 AM Kristine Ranslem <kranslem@weldgov.eom> wrote:
We have received a case ONAJUSR19-14-0035) 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:
https://accela-aca.co.weld.co.usicitizenaccessi.
If you have any questions, please don't hesitate to contact me at the number
below. Thank you!
ICristivueirefruS Le VI4
Planning Technician
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
(970)400-3519
kranslem@sweldgovecorn
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
January 25, 2019
Chris Gathman
Weld County Planning Services
Transmission via email: cgathman@co.weld.co.us
Re: AKA Energy Group LLC
1 MJUSRI 9-14-0035
W1/2 of SW1/4 of Section 31, T4N, R65W of the 6th P.M., Weld County
Water Division 1, Water District 2
Dear Mr. Gathman:
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 major
amendment to USR14-0035 (Natural Gas a Condensate Separator Facility and Compressor Facility) to expand
the boundaries and to add an amine system to treat gas and cryogening processing plant in the Agricultural
(A) zone district. Initially during the construction phase it is proposed that bottled water would be provided.
The Applicant is seeking to obtain a future well for the commercial business for drinking and sanitary
facilities for two to three full time employees.
The ability for the Applicant to obtain a well permit, and the allowed uses, will be determined at the time
that a well permit application is submitted to and reviewed by the State Engineers Office.
Further, 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.
Should you or the applicant have any questions, please contact loana Comaniciu at (303) 866-3581 x8246.
Sincerely,
i
Joanna Williams, P.E.
Wa er Resource Engineer
Ec: Referral No. 25730
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
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