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Home My WebLink About20183898.tiff MEMORANDUM TO: Kim Ogle, Planning Services 1861 FROM: Evan Pinkham, Public Works DATE: October 8, 2018 I , .GO=U NT SUBJECT: USR18-0090 NCL 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 a Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (sixteen (16) gas compressors and related equipment) a permanent laydown and storage yard, and up to five (5) construction office trailers and five (5) conex for use during the construction of the facility in the A(Agricultural)Zone This project is east of and adjacent to CR 27 and is south of CR 84. Parcel number 070708200017. Access is from CR 27. ACCESS Weld County Public Works has reviewed the application materials related to access, and the proposed access meets spacing requirements. 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 27 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 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. 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 No traffic counts are available in the area. During construction there will be between 25-30 personnel (contractors/day) for 4-6 months until construction is complete. Once the site is operational it is estimated that there will be between 2-5 people per day accessing the site.This includes large trucks and operators visiting site as needed for maintenance 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. Tracking control is required 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: 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. 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 27 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. 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) 3. Show and label the approved tracking control on the site plan. (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 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 Road Maintenance Agreement. (Department of Public Works) 6. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 7. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 1:•'17-) . �I .` WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT - ! 1555 North 17th Avenue, Greeley, CO 80631 wwwweldhealth.org Memorandum To: Kim Ogle From: Ben Frissell, Environmental Health Services Date: October 1, 2018 Re: USR18-0090 NCL Investments Compressor Station Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (sixteen (16) gas compressors and related equipment) a permanent laydown and storage yard, and up to five (5) construction office trailers and five (5) conex for use during the construction of the facility in the A (Agricultural) Zone There will be no permanent employees on the site. Portable toilets and bottle water are proposed once construction has been completed, which is acceptable. 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. 5. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Health Administration Public Health& Environmental Health Communication, Emergency Preparedness Vitol Records Clinical Services Services Education&Planning &Response [�] cla 9/U 304 6410 Icic: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 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 Residential 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, if applicable. 13.A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on site or as applicable. 14.The facility shall notify the County of any revocation and/or suspension of any State issued permit. 15.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. 16.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 181 MEMORANDUM !1 TO: Kim Ogle DATE: September 17, 2018 u_81 T Y FROM: Diana Aungst, CFM SUBJECT: USR18-0090, NCL Investments, LLC PROJECT: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service(sixteen (16)gas compressors and related equipment) a permanent laydown and storage yard, and up to five (5) construction office trailers and five (5) conex for use during the construction of the facility in the A(Agricultural)Zone PARCEL: 070708200017 CONDITION OF APPROVAL: 1. Any construction in the floodplain requires a floodplain permit. (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-1225E effective date January 20, 2016 (Coalbank 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) 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) From: Dennis Harmon <dharmon@wtrsupply.com> Sent:Wednesday, September 05, 2018 2:51 PM To: Kristine Ranslem <kranslem@weldgov.com> Subject: RE: USR18-0090 Referral 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. 9-5-18 We have met with the proponent of this project and have asked them to provide us with the final hydrology reports so that we can evaluate the impact, if any,to the Larimer County Canal which is on the property, down gradient from the new facilities... Until our engineer has seen those plans and commented, we will have no response... Dennis Dennis J. Harmon, General Manager Water Supply&Storage Co. Tunnel Water Company Jackson Ditch Company 970-482-3433 970-443-1855 (cell phone) 970-482-1486 (fax) 2319 E. Mulberry St. Fort Collins, CO 80524 P.O. Box 2017 Fort Collins, CO 80522-2017 dharmon@wtrsupply.com DNe COLORADO Co Division of Water Resources r 1313 Sherman Street, Room 821 Denver, CO 80203 September 24, 2018 Kim Ogle Weld County Department of Planning Services Transmission via email: kogl e(a,wel dgov.corn Re: Coal bank Investments LLC Use by Special Review Case No. USR18-0090 Pt. of NW'/4 of Section 8, T7N, R66W, 6th P.M. Water Division 1, Water District 3 Dear Mr. Ogle: We have reviewed the above referenced application for a Use by Special Review. The submitted material 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 comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The Applicant seeks to develop a natural gas compressor station on the subj ect property. The compressor station will be unmanned and a permanent water supply is not planned for the site. Storm water runoff from the site is proposed to be routed to a planned detention pond before discharging offsite. The Applicant should be aware that, pursuant to Colorado Senate Bill 15-212, storm water facilities must meet specific criteria to prevent them from being administered by the Office of the State Engineer as detailed in Section 37-92-602(8), C.R.S. The detention pond must be operated solely for storm water management and be subject to oversight by a governmental entity (i.e., required as part of a permitting process). Further, it must release or infiltrate at least 97 percent of all of the water from a rainfall event that is equal to or less than a five-year storm within 72 hours of the end the rainfall event. Water detained from rainfall events greater than five-year storms should be released as quickly as practicable, not to exceed the release or infiltration of 99 percent of all water within 120 hours of the end of the rainfall event. The detention pond must operate passively, not expose ground water, and not subject the storm water runoff to any active treatment process. In addition, for detention facilities constructed after August 5, 2015, the operator must submit notice of the proposed detention facility to the Substitute Water Supply Plan Notification List. Urban Drainage and Flood Control has created a notification portal that operators can use to satisfy this requirement at the following address: https:Ilmaperture.digitaldataservices.com/qvh/?viewer=cswdif. If the detention pond does not meet all of the statutory criteria described above, in design or operation, it will be subj ect to administration by the State Engineer. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.statc.co.us 4 ;87E 1. Coal bank Investments LLC September 24, 2018 Case No. USR18-0090 Page 2 of 2 Should you or the Applicant have any questions regarding this matter, please contact Colin Watson of this office. Sincerely, Sarah Brucker, P.E. Water Resources Engineer . _ . . 1 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.statc.co.us s 4 87Es Hello