HomeMy WebLinkAbout20183488.tiff MEMORANDUM
TO: Kim Ogle, Planning Services
1861
FROM: Evan Pinkham, Public Works
DATE: September 25, 2018
O U_N SUBJECT: USR18-0088 DCP Big Horn
The Weld County Department of Public Works has reviewed this proposal. Staff comments made during
this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility, and
one (1) up to one hundred (100) feet in height secure communications tower; a temporary laydown and
storage yard, and up to thirteen (13) construction office trailers and twenty-one (21) conex for use during
the construction of the facility in the A (Agricultural) Zone District.
This project is west of and adjacent to CR 47 and is south of CR 38 section line.
Parcel number 121302000008.
Access is from CR 47.
ACCESS
Weld County Public Works has reviewed that application materials related to access, and the proposed
access meets County standards for spacing of accesses. Public Works requests that other oil and gas
accesses on the parcel be closed and reclaimed to meet the spacing requirements outlined in County Code.
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 47 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. 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
County Road 38 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:/Iwww.weldgov.comldepartmentslpubl icworks/perm its/.
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 47 counted 118 vpd with 44% trucks.
The traffic information submitted with the application materials indicated that there will be approximately 15
daily roundtrips.
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.
Less than 20 passenger vehicle round trips/day, no upfront tracking control requirements.
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.weldov.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:
A drainage report and detention pond design shall be completed by a Colorado Licensed Professional
Engineer and adhere to the drainage related sections of the Weld County Code. The drainage report must
include a certification of compliance stamped and signed by the PE which can be found on the engineering
website. General drainage report checklist is available on the engineering website. More complete
checklists are available upon request.
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. An Improvements and Road Maintenance Agreement is required for off-site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes. The Agreement shall include provisions addressing engineering requirements, submission
of collateral, and testing and approval of completed improvements. (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 47 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 38 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. 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 entrance gate if applicable.An access approach that is gated shall be designed
so that the longest vehicle (including trailers) using the access can completely clear the traveled
way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled
surface be less than 35 feet. (Department of Public Works)
5. Show and label the section line Right-of-Way as "CR 38 Section Line Right-Of-Way, not County
maintained." (Department of Public Works)
6. Show and label a 30ft minimum access and utility easement to provide legal access to the parcel
on the site plan. (Department of Public Works)
7. 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)
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. 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 Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
6. The Improvements Agreement for this site shall be reviewed on an annual basis, including 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)
1:•'17-) .` WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
-► ! 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Ben Frissell, Environmental Health Services
Date: September 20, 2018
Re: USR18-0088 Outrigger DCP Bighorn Gas Plant
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, Natural Gas Processing
facility, and one (1) up to one hundred (100) feet in height secure communications
tower; a temporary laydown and storage yard, and up to thirteen (13) construction office
trailers and twenty-one (21) conex for use during the construction of the facility in the A
(Agricultural) Zone District.
There will be up to 15 full time employees. Central Weld County Water District will
supply water or a new well may be installed and the site will be serviced by an
engineered on-site wastewater treatment system.
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 Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning &Response [�]
cla 9/U 304 64 I0 Iola:9/0 304 6420 Tele:970-304-6415 Tele:970-304-5470 Tele:970-304-6470
Fax: 9/U-3UT-6412 Fax: 9i0-304-6416 FIIx: 970-304-6411 Fax: 970-304-6452 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.
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. Process wastewater (such as floor drain wastes) shall be captured in a watertight
vault and hauled off for proper disposal. Records of installation, maintenance,
and proper disposal shall be retained.
14.The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S.
15.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.
16.The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
17.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.
18.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Submit by Email,.,
l _i.
Weld County Referral
ZI-13611,14 i
, it..10,
-t4
August 28,2018
The Weld County Department of Planning Services has received the following item for review
Applicant:Shelton Land&Cattle LTD,c/o DCP Case Number: USR18-0088
Operating Company,LP
Please Reply By: September 25,2018 Planner: Kim Ogle
Project:A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service,Natural Gas Processing facility,and one(1)
up to one hundred(100) feet in height secure communications tower;a temporary iaydown and
storage yard,and up to thirteen(13)construction office trailers and twenty-one(21)conex for use during
the construction of the facility in the A(Agricultural)Zone District.
Location:SOUTH OF AND ADJACENT TO CR 38;WEST OF AND ADJACENT TO CR 47
Parcel Number: 121302000008-R4934086 Legal: NE4 SECTION 2,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.
0 We have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
EtWe have reviewed the request and find no conflicts with our interests.
See attached letter.
84_ i'Auta Signature R Date vb\\-3' \e
Agency r 4 ).' ai iVI
U
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)400-6100 (970)304-6498 fax
80 South 27th Avenue
Brighton,CO 80601
PH: 303-659-7373/FX: 303-659-6077
•
Weld County
September 13,2018
Referrals Weld County
: September 13,2018
kogle@weldgov.com
. Shelton land &Cattle LTD,c/o DCP Operating Company
Site Specific Development Plan&Use by Special Review Permit
: USR18-0088
Mr. Ogle:
I wish to submit the following information regarding the above referenced project.
X 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.
X 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.
X 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.
X FRICO will require a license agreement
X FRICO will require an access permit
FRICO will require a seepage agreement
FRICO No comments on application/proposal
X We request to comment again.
The applicant has or X 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, C
1�
FRICO, General Manager FRICO,Projects Coordinator
44, DNR R COLORADO John W. Hickenlooper
Governor
CO 'iffDivision of Water Resources
Dena-trnent of 1\atj,at aesources Robert Randall
Executive Director
Kevin Rein, P.E.
Director/State Engineer
August 29, 2018
Kim Ogle
Weld County Department of Building and Planning Services
Transmitted via email: kogle@weldgov.us
Re: Shelton Land St Cattle LTD - Site Specific Development Plan and Use by Special Review
Case no. USR18-0088
Part of NE ' , Sec. 2, T3N, R65, 6th P.M.
Water Division 1, Water District 2
Dear Mr. Ogle,
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 bottled
water would be used during construction and pending feasibility, potable water and plant process
water will be purchased and installed by Central Weld County Water District or a new well will be
installed.
A letter of commitment from Central Weld County Water District was not provided with the referral
materials. A review of our records indicates a well operating under permit no. 87576-A is located on
the parcel.
Well permit no. 87576-A was issued on December 3, 1976 for the replacement of the existing late
registered well, permit no. 87576 for livestock watering. Permit no. 87576-A was issued on the
condition that the well operating under permit no. 87576 be plugged and abandoned within 60 days
of construction of the replacement well. This office has not received information that well under
permit no. 87576 was plugged and abandoned. The applicant must submit a Well Abandonment
Report (Form GWS-9) for well no. 87576, to the State Engineer's Office, to affirm that the well was
plugged and abandoned as required by permit no. 87576-A. The well that was constructed under
permit no. 87576-A cannot be used to serve the proposed facility. If the applicant plans to use the
Office of the State Engineer . ',
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.water.state.co.us , ,:�*/
Case no. USR18-0088 Page 2 of 2
August 29, 2018
well for commercial use, or any use other than the watering of livestock, a well permit allowing
such uses must first be obtained.
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.
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 Allis Thyne at (303) 866-3581 x8216.
Sincerely,
Joanna Williams, P.E.
Water Resource Engineer
Ec: Permit file 87576-A
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