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HomeMy WebLinkAbout20180840.tiffMEMORANDUM TO: Kim Ogle, Planning Services DATE: February 1, 2018 FROM: Hayley Balzano, Public Works SUBJECT: USR17-0074 Discovery DJ 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: Crude Oil Storage Facility This project is south of CR 30 and is west of CR 49. Parcel number 121325400016. Access is from CR 30. ACCESS On CR 30 located approximately 1950 feet west of CR 49. An Access Permit application was not submitted with the application materials. Public Works has reviewed the submitted materials and provides the following recommendation for access locations based on County code and safety criteria in accordance with the Weld County Engineering and Construction Criteria. The use of an existing shared access point on CR 30 meets County Code and the safety spacing criteria for a collector roadway. Questions concerning access requirements can be directed to Public Works access permit division. Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, 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. For shared accesses, Public Works strongly recommends the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement, but is recommended to avoid property owner conflicts in the future. ROADS AND RIGHTS -OF -WAY County Road 30 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. 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. The County Highway (CR 49) is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires a minimum of 140 feet of right-of-way, or 180 feet of right-of-way in some locations. Weld County is currently in the process of widening this corridor, which is anticipated to be completed at the end of 2018. Contact Public Works for the location of the current right- of-way alignment and easements so they can be delineated accurately on the map. If the right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the road. 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. This road is maintained by Weld County. 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 30 counted 1443 vpd with 57% trucks. The traffic information submitted with the application materials indicated that there will be approximately 4 daily roundtrips once the site is constructed. During construction, the traffic memo estimates 20 passenger vehicle round trips and 5 equipment delivery trucks/heavy machinery round trips per day. The traffic memo estimates 50% of the traffic coming from CR49 and 50% of the traffic coming from CR43 onto CR30. TRACKING CONTROL POLICY Tracking control may be required for the construction phase of development. This will be addressed with the improvements agreement and/or grading permit. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT Public Works may require an Improvements Agreement for one or all the following reasons: • Off -Site Public Improvements • Road Maintenance Agreement • Construction Maintenance Agreement • Access Improvements Agreement An Improvements Agreement is required for sites with required off -site improvements per Chapter 12, Article 5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and maintained. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eviewlsprusr.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's engineer has submitted a preliminary drainage report for this project. The report proposed full spectrum detention (90% of the pre -developed 100 year, 1 hour storm). The release rate required by Weld County in this area is the pre -developed 10 year, 1 hour storm rate. The report also proposed using an interior road on the site for the emergency spillway. Per Weld County Code, the emergency spillway must contain a concrete cut off wall and rip rap downstream. Maximum 100 year flow over the spillway is not to exceed 6 inches in depth, including off -site flows. A final drainage report and detention pond design is required prior to recording the USR map. 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 Department 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, Rik Gay, 303-692- 3575. Geologic Hazard Area: This area IS NOT in a Geologic Hazard Area. Floodplain: This site is in a FEMA regulatory floodplain. A flood hazard development permit is required for any development in the floodplain. Contact the floodplain planner Diana Aungst at 970-400-3524. CONDITIONS OF APPROVAL A. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance including, but not limited to dust control, tracking control, damage repair, specified haul routes and future traffic triggers for improvements will be included. (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 of the 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. D. The plan shall be amended to delineate the following: 1. County Road 30 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 future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. The County Highway is designated on the Weld County Functional Classification Map as an arterial road which typically requires 140 feet of right-of-way at full build out. Weld County is currently in the process of widening this corridor. The alignment of the road widening project varies along the section line for the corridor. Contact Public Works for the location of the existing and future right- of-way and easements and delineate these on the site plan. (Department of Public Works) 3. Show and label the approved access locations, 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 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. The applicant shall show and label the accepted drainage features and drainage flow arrows. 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 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) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. The access 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. 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 historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 6. 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: Kim Ogle From: Date: Re: Ben Frissell, Environmental Health Services January 23, 2018 USR17-0074 Discovery Midstream Crude Oil Storage Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Storage Facility and Transloading in the I Industrial Zone District. (DISCOVERY DJ SERVICES - WINCHESTER CRUDE OIL TERMINAL) The applicant is proposing four or less part time (20 hours/week) employees on -site along with 10 or less customers or visitors per day. The applicant is proposing to use bottled water and portable toilets which is acceptable along as the above numbers do not increase. A permeant water source and septic system may be required if employees on -site increase to above policy limits. 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. 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. Health Administration Vital Records lot: 9/0 304 6410 Fax: 9/0-301-64 I'2 Public Health & Clinical Services cic: 9/0 304 6420 Fax: 910-304-64 16 Environmental Health Services Tele:970-304-6415 Fax. 970-304-6411 Communication, Education & Planning Tele: 970-.304-6470 Fox: 970-304-6452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970-304-6462 Public Health 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. 7. All potentially hazardous chemicals 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. 8. 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 Rule 604 and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. 9. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 10.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. 11. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. 12. 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. 13. The facility shall notify the County of any revocation and/or suspension of any State issued permit. 14. 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. 15. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. PROJECT: MEMORANDUM TO: K. Ogle DATE: January 31, 2018 FROM: Diana Aungst, CFM SUBJECT: USR17-0074, Discovery Midstream Crude Oil Storage A Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Storage Facility and Transloading in the I Industrial Zone District. (DISCOVERY DJ SERVICES - WINCHESTER CRUDE OIL TERMINAL). PARCEL: 121325400016 CONDITION OF APPROVAL: 1. A Flood Hazard Development Permit (FHDP) is required to be submitted and approved for any development in the 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 #08123C -1975E effective date January 20, 2016 (Box Elder Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services - Floodplain) Submit by Email Weld County Referral January 04, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: Wes Moser Inc., c/o Discovery Midstream Case Number: USR17-0074 Partners Please Reply By: February 1, 2018 Planner: Kim Ogle Project: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Storage Facility and Transloading in the A (Agricultural) Zone District. (DISCOVERY DJ SERVICES - WINCHESTER CRUDE OIL TERMINAL) Location: Approximately 1400 feet west of CR 49; Approximately 3645 feet south of CR 30 Parcel Number: 121325400016-R8944955 Legal: SUBX17-0032 BEING A PART OF THE E2 SECTION 25, T3N, R65W 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. ,r❑ 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 Tyler Beavers 1/18/2018 Date Noble Energy, Inc. Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext,3540 (970) 304-6498 fax 2115 117th Avenue Greeley, CO 80634 Tel: 970.304.5000 Fax: 970.304.5099 www.nobleenergyinc.com IV,noble energy January 18, 2018 Weld County Department of Planning Services Attn: Kim Ogle 1555 N. 17th Avenue Greeley, CO 80631 Re: Discovery Midstream Partners Township 3 North, Range 65 West, 6th P.M. Section 25: E/2 Weld County, Colorado Dear Mr. Ogle: Noble Energy, Inc. ("Noble") has future plans that appear to conflict with USR17-0074 and the proposed development project "Mineral Resource Development Facilities, Oil and Gas Storage Facility and Transloading," as proposed by Discovery Midstream Partners ("Applicant"). Noble respectfully requests that Applicant work in good faith with Noble to ensure we have safe and adequate access into our future operations, and any operational safety setbacks and simultaneous operations concerns have been addressed. In addition, Noble requests that we continue to be provided with advance notice of all other hearings affecting the property. If you have any questions, please feel free to contact the undersigned at (970) 304- 5047. Sincerely, NOBLE ENERGY, INC. Tyler Beavers Lead Operations Landman cc: Chris Roberts, Land Manager -Quality Check Energy Services, LLC. Hello