HomeMy WebLinkAbout20183365.tiff z8o MEMORANDUM
TO: Kim Ogle, Planning Services
DATE: July 12, 2018GO .Nr�
FROM: Hayley Balzano, Public Works
SUBJECT: COZ18-0004 NGL
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:
Parcel(s): 147130100104
The project proposes to: Change of Zone from 1-3 (Industrial) Zone District and A(Agriculture)Zone District
to 1-3 (Industrial) Zone District
ROADS AND RIGHT-OF-WAY:
This portion of Main Street is under the jurisdiction of the City or Town (municipality) of Brighton. The
municipality has jurisdiction over access to the road. The applicant shall delineate on the site map or plat
the future and existing right-of-way and the physical location of the road. Pursuant to the definition of
setback in the Weld County Code, Chapter 23,Article 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.
Please contact the municipality to verify the access permit or for any additional requirements that may be
needed to obtain or upgrade the permit.
The Colorado Department of Transportation (C DOT) has completed a US 85 Planning and Environmental
Linkages (PEL) Study. The objective of the US 85 PEL Study is to develop a strategic vision for US 85
between 1-76 and the Town of Nunn. Please review the US 85 PEL Study to ensure you are in compliance
with the requirements. More information about this study can be accessed at:
https://www.codot.gov/projectslus85pel.
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.
ACCESS:
This project accesses onto the Municipality of Brighton. Please contact the Municipality for access
requirements.
CONDITIONS OF APPROVAL:
A. The plat shall be amended to delineate the following:
1. Show the approved City of Brighton access point(s)on the plat and label with the approved
access permit number if applicable. The applicant shall verify and delineate on the plat the
existing right-of-way. The applicant shall also delineate the physical location of the
roadway. 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.
(Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE MAP)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Public Works)
•1•`Ti p —v W.. 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: July 12, 2018
Re: COZ18-0004 NGL
Environmental Health Services has reviewed this proposal for a Change of Zone from I-
3 (Industrial) Zone District and A (Agriculture) Zone District to 1-3 (Industrial) Zone
District
Water will be provided by a commercial well (permit 309599). An on-site wastewater
treatment systems (OWTS) will provide sewer services.
We recommend the following appear as notes on the Change of Zone plat:
1. Water service may be obtained from a permitted commercial well.
2. The parcel is currently not served by a municipal sanitary sewer system.
Sewage disposal may be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment,
Water Quality Control Division and the Weld County Code in effect at the time
of construction, repair, replacement, or modification of the system.
3. Activity or use on the surface of the ground over any part of the OWTS must be
restricted to that which shall allow the system to function as designed and which
shall not contribute to compaction of the soil or to structural loading detrimental
to the structural integrity or capability of the component to function as designed.
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning &Response [�]
cla 9/0 304 64 I0 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-5470 Tele:970-304-6470
Fax: 9/0-301-6112 Fax: 9/0-304-6416 Fux: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6462 Public Health
FULTON IRRIGATING DITCH COMPANY
Office at 25 South Fourth Avenue
Brighton, Colorado 80601-2029
Telephone: 303-659-3171
September 5, 2018
VIA EMAIL
Weld County Department of Planning Services
Attn. Kim Ogle
t ldum .(1lI11
Re: Case Number: CO218-9004; NGL Water Solutions LLC
Dear Mr. Ogle:
I'm writing on behalf of the Fulton Irrigation Ditch Company ("Fulton") with
comments on the above case number related to certain activities carried out by NGL
Water Solutions, LLC ("NGL") approximately 1/2 mile south of CR 6 on CR 27 in Weld
County to access property described as Lot B, Part of the NE quarter of Section 30, T1N,
R66W.
Fulton is a Colorado Mutual Ditch Company formed in the mid 1860's which
diverts water at approximately 100th Avenue and the Platte River in Adams County and
delivers that water to agricultural users as well as entities that divert the water back to the
river for augmentation throughout Adams and Weld Counties. Fulton operates, for the
benefit of its shareholders, approximately 39 miles of ditch. The ditch travels
northeasterly from 100th Ave and the Platte to a point about a half mile east of HWY 85
on 136th Avenue where it splits in two. One ditch, known as the "Branch", continues
straight north and the other, the "Main Ditch", continues on in a northeasterly direction.
The Branch ditch terminates south of Fort Lupton and returns to the river at
approximately CR 10.5. The Main Ditch terminates approximately one mile north of
Fort Lupton and returns to the river at about CR 18. Fulton diverts and delivers water
from approximately March 15th through December 1St of each year.
On or about April 10, 2018 NGL applied to Fulton for a permit to replace a
culvert crossing within Fulton's easement to allow for access to CR 27 a half mile north
of CR 6. At the time of its initial submission NGL provided only a site plan, a few days
later after talking to Fulton staff they provided a plan sheet for a 30" x 60" HERCP
bedded in 3/8" pea gravel. NGL was informed on at least two occasions by Fulton that
the installation could not be completed while water was running in the ditch during
irrigation season. Fulton was concerned not only with its ability to run water past the
location in question but was also aware that the contemplated structure could not be
installed to plan or in a fashion which would insure a safe conveyance across the ditch of
the traffic described by NGL if the area in question was under water. NGL did not
contact Fulton after April 13, 2018 to pursue its requested permit.
On the afternoon of Friday, August 24, 2018 at about 3:30 a Fulton employee
checking the Branch north of Brighton noticed individuals working with heavy
equipment at the above location. When he contacted them, he learned that they worked
for Blitz Excavation, had arrived from New Mexico that morning, and that they planned
to demolish and replace an existing concrete culvert on behalf of NGL. The workers on
site were informed that NGL had not obtained the appropriate permits from Fulton and
that construction was not allowed in the ditch during irrigation season/while there was
water flowing in the ditch. The Blitz crew stopped work and called their NGL contact
who insisted they begin again. The NGL contact then appeared on site to insure Blitz
continued its work, even after being informed that the unauthorized interference with an
irrigation ditch was a misdemeanor under C.R.S. 37-89-101, that the project was not
permitted, that work was not allowed in the ditch while there was water in it, that the
demolition and construction with water in the ditch raised serious water quality concerns,
that the proposed replacement was not properly engineered and could not be properly
installed while water ran in the ditch, and that if a truck filled with used frac water fell
into the ditch as a result of the poorly engineered bridge the water in the truck would
make it to the Platte before anything could be done. The Weld County sheriff's office
was called and a deputy responded who while agreeing that what was being done by
NGL may in fact be a crime, was not comfortable in issuing a summons or stopping the
work. The NGL representative insisted he had been on the phone with the senior NGL
Vice President who had ordered him to continue the project in spite of Fulton's
objections.
Demolition continued until dark on the 24th and a fifty-foot-long 48" corrugated
steel pipe was placed into the running ditch on Saturday the 25th. The evening of the 25th
while leaving the job site the Blitz crew drove over and crushed a portion of the culvert
further reducing its capacity. Work continued and concrete deck was formed over the
weekend. On Monday Fulton was contacted by a different NGL employee who was
informed of the Company's concerns related to the construction while the ditch was
running and the quality of the installation as it related to not only the condition of the
ditch but also to the health and safety of those traveling on CR 27 and those pulling water
from the Platte River north of the project. Fulton asked that NGL provide information
with regard to the permeance and use of the structure going forward by the close of
business Tuesday the 28th. NGL provided the previously submitted plans, which were in
no way consistent with that which was constructed, and the concrete deck was poured
Tuesday the 28th
Fulton has a variety of concerns about the completed project. The pipe was not
bedded, the ground beneath the pipe at the time of installation was under water and not
compacted, no wing walls were installed, no approach to the pipe to minimalize erosion
was constructed and the downstream side of the pipe was not armored in any fashion to
prevent erosion. Even were the capacity not diminished by the damage from the Blitz
crew driving over it, the pipe itself is not large enough to carry the flow of water present
in the ditch during much of the irrigation season. Erosion around the pipe can already be
observed even with the low flows currently in the ditch, erosion which in time will
endanger CR 27. Also, the pipe has not been laid at the appropriate grade, and the
concrete deck is not properly supported. Additionally, Fulton has learned that NGL
failed to obtain the necessary access permit from the City of Brighton and have thus
created an unlawful access for CR 27. When this crossing fails it is likely that a semi-
truck carrying thousands of gallons of used frac water will find its way into the ditch and
that its load will spill. With the ditch returning water to the Platte only 3.5 miles from
this location the frac waste will hit the river before anyone can respond to the incident.
Fulton is concerned not only with the protection and safety of its own
infrastructure and water users but also with the protection and safety of the public as a
whole. NGL has shown a total and complete disregard not only for the property rights of
others but also for the health and safety of the public at large. For NGL to have installed
this totally inadequate, un-engineered and dangerous structure in an unworkmanlike
fashion, in and over running water, over a weekend when the Courts were closed, using a
crew from out of state, without permits from the Fulton or the City of Brighton, in a
fashion which insured they could not be stopped regardless of the legitimacy of their
project, for the purpose of conveying what is in essence toxic waste, should be of concern
to Weld County and the public as a whole.
Please feel free to contact me at the above address, by email at
Brice@Steelepc.com , or by phone at 303-659-3171 with any questions or concerns.
Very_truly yours,
Brice Steele
Secretary to the Board
Submit by Email
Weld County Referral
June 14, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: NGL Water Solutions DJ, LLC Case Number: COZ18-0004
Please Reply By: July 12, 2018 Planner: Kim Ogle
Project: Change of Zone from 1-3 (Industrial) Zone District and A(Agriculture) Zone District to 1-3
(Industrial) Zone District
Location: WEST OF AND ADJACENT TO CR 27 (MAIN STREET)AND APPROXIMATELY 650 FEET
SOUTH OF CR 6 (CROWN PRINCE BOULEVARD
Parcel Number: 147130100104-R3351805 Legal: PART NE4 SECTION 30, T1N, R66W LOT B 2ND
CORR REC EXEMPT RE-3362 of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
✓ We have reviewed the request and find that it does/does not comply with our Comprehensive .
Plan because: See Comments Below.
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature s/Todd Hodges Date 7/12/2018
Agency City of Fort Lupton
Although the site is located outside of the current IGA that the City of Fort Lupton has with Brighton, there are issues
that the City has in regards to this application. The proposed 1-3 zoning is inappropriate and conflicts with the newly
adopted comprehensive plan that designates the Fort Lupton entry as Open Space in the vicinity of this proposal. This
area has been a productive sand and gravel resource and a parcel of this size may be subject to mining prior to surface
development. We have asked the applicant to present their proposal to our City Council for additional information. as
well as how the City of Fort Lupton Traffic System will be impacted, and where the traffic will be directed. but the
applicant declined a meeting. As the Fort Lupton City Council does not feel this is an appropriate use of the location,
and land use, we are not in support of this proposal.
Weld County Planning Dept. 1555 N 17th Ave,Greeley, CO.80631 (970)400-6100 (970)304-6498 fax
From: Bradford, Jason [mailto:jbradford@brightonco.gov]
Sent: Monday,June 25, 2018 4:22 PM
To: Kristine Ranslem <kranslem@weldgov.com>
Subject: RE: COZ18-0004 Referral
Ms. Ranslem,
Thank you for the opportunity to review the above referenced application.
The property in question is located within Brighton's urban growth boundary. The property should
annex into the City boundary and pursue a City of Brighton zoning designation prior to
development. Please encourage the annexation of the property into the City of Brighton so it may
receive a city zoning designation.
Please let me know if you have any questions or concerns.
Cordially,
Jason Bradford, AICP
Brighton
Integrity+ Vision+Stewardship=A Progressive Community
DNR R COLORADO John W. Hickenlooper
Governor
CoDivision of Water Resources
i
=:eparr-Lertt of Natural Resources Robert Randall
Executive Director
Kevin G. Rein, P.E.
Director/State Engineer
June 25, 2018
Kim Ogle
Weld County Department of Building and Planning Services
Transmitted via email:
kogle@weldgov.com
RE: NGL Water Solutions DJ, LLC
Case nos. SPR18-0007 ft COZ18-0004
NE1/4 of Sec. 30, Ti N, R66W, 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.
The Applicant is seeking a change of zone from 1-3 (Industrial) and A (Agricultural) to only 1-3
(Industrial) under case no. COZ18-0004. Also under case no. SPR18-0007 the applicant is seeking a site
plan review for a oil and gas support and service, class II oilfield water facility-saltwater injection
facility, associated tanks, pumps, unload facilities, truck staging and parking and facilities offices in
the Industrial (1-3) zone district. No information was provided on the proposed water source for the oil
and gas facility and no water requirements were specified.
According to our records on June 1, 2018 the Applicant obtain well permit no. 309599 for Lot B,
Recorded Exemption No. 1471-30-1 RE-3362. The use of ground water from this well is limited to
drinking and sanitary facilities for a commercial business. Water from this well shall not be used for
lawn/landscape/greenhouse irrigation, domestic animal/livestock watering, or for any other purpose
outside the business building structure. The annual amount of ground water to be withdrawn by this
well is limited to 1/3 acre-foot (108,600 gallons) and the maximum pumping rate is limited to 15 GPM.
This permit will expire on June 1, 2020. The applicant must submit evidence to our office that they
have constructed the well prior to June 1, 2020 for this permit to remain valid; else the applicant may
request a one year extension prior to the expiration date of the permit.
According to our records, two wells operating under permit nos. 18769-R and 18769-S, shows to be
located on the property. Well permit nos. 18769-R and 18769-S, were decreed by the Division 1 Water
Court as Well No. 1 and 2 respectively, in case no. W-666, for irrigation purposes. Both wells are
currently included in the Ground Water Management Subdistrict of the Central Colorado Water
Office of the State Engineer ,
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 i,*,, ;*,
•
www.water.state.co.us
NGL Water Solutions DJ, LLC Page 2 of 2
June 25, 2018
Conservancy District augmentation plan approved by the Division 1 Water Court in case no. 2002CW335
("Central GMS"). As permitted well permit nos. 18769-R and 18769-S, cannot be used for industrial
purposes for the oil and gas facility, unless the Applicant obtains new permits pursuant to 37-0-137(2)
C.R.S., that allows for such industrial use. New well permits will not be available until such time as an
augmentation plan has been obtained from the Water Court for the wells.
The application materials indicate that a storm water detention structure will be constructed as a part
of this project. The applicant should be aware that any proposed detention pond for this project, must
meet the requirements of a "storm water detention and infiltration facility" as defined in section 37-
92-602(8), Colorado Revised Statutes, 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 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.
So long as the Applicant obtains/maintains valid well permits and operates the storm water detention
facility in accordance with 37-92-602(8),C.R.S., this office has no objections to this application.
If you, or the applicant, have any questions please contact loana Comaniciu of this office at 303-866-
3581 x8264.
Sincerely,
'/
•
Joan/ a Williams, P.E.
Water Resource Engineer
Ec: Project No. 24522
Well Permit file No. 309599, 18769-R and 18769-S
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