HomeMy WebLinkAbout20182119.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
DATE: May 16, 2018
FROM: Hayley Balzano, Public Works
SUBJECT: USR18-0035 Tallgrass Energy
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: Tallgrass Terminals, LLC to construct a crude oil terminal capable of handling 200,000
barrels a day with 1,050,000 barrels of crude oil storage capacity. A Site Specific Development Plan and
Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Storage Facility with
Transloading; and any use permitted as a Use by Right, an accessory use, or a Use by Special Review in
the Commercial or Industrial Zone Districts,in the A (Agricultural) Zone District. (Tallgrass Terminals, LLC
Grasslands Storage Facility)
This project is north of CR 30 and is west of CR 49.
Parcel number 121324200027.
Access is from CR 30.
ACCESS
An Access Permit application was not submitted with the application materials. Public Works has reviewed
the submitted materials and provides a recommendation for access locations based on County code and
safety criteria in accordance with the Weld County Engineering and Construction Criteria. The proposed
shared use of the existing access point off of CR 30 meets the code and spacing requirements. 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.
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 1210 vpd with 57% trucks.
The traffic information submitted with the application materials indicated that there will be approximately 15
semi truck and 10 passenger vehicle daily roundtrips.
TRACKING CONTROL POLICY
Tracking control is required to prevent tracking from the site onto public roadways. The quantity of vehicles
that the traffic narrative indicates that on a paved road, the tracking control requirement is either 100 feet
of asphalt and a tracking control device or 300 feet of asphalt. 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). A variance request for alternatives to the tracking control requirement can be
submitted to Public Works for review and consideration.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works is requiring 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.weldqov.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's engineer has submitted a preliminary drainage report. A final drainage report and detention
pond design is required prior to recording the plat. . 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.
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. The Agreement shall require the
construction of the following capital improvements. (Department of Public Works)
1. Future off -site improvements to be completed
a. Design and construct a left deceleration/turn lane on CR 30 whenever traffic exceeds
10 vehicles per hour (VPH) turning left into the Property for an average daily peak
hour.
b. Design and construct a right deceleration/turn lane on CR 30 whenever traffic
exceeds 25 VPH turning right into the Property for an average daily peak hour.
c. Design and construct a right acceleration lane on CR 30 whenever traffic exceeds 50
VPH turning right out of the Property for an average daily peak hour.
d. Design and construct a left acceleration lane on CR 30 whenever such a lane would
be a benefit to the safety and operation of the roadway. The County, in its sole
discretion, shall determine if a left acceleration lane is required.
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 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. 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. 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)
6. 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)
7. 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. This site
requires a tracking control device and 100 feet of recycled asphalt or road base OR 300 feet of asphalt
for tracking control. (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)
Prior to Operation:
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)
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
May 9, 2018
USR18-0035 Tallgrass Terminal 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 with Transloading; and any use permitted as a
Use by Right, an accessory use, or a Use by Special Review in the Commercial or
Industrial Zone Districts, in the A (Agricultural) Zone District. (Tallgrass Terminals, LLC
Grasslands Storage Facility)
The applicant is proposing 10 full time employees on -site along with various contractors
and drivers. The applicant is proposing a commercial well and an engineered septic
system to service the site.
We recommend that the following requirement be incorporated into the permit as a
condition that must be met prior to the issuance of the Certificate of Occupancy:
1. An On -Site Wastewater Treatment System (OWTS) is required for the proposed
facility and shall be installed according to the Weld County On -Site Wastewater
Treatment System Regulations. The OWTS is required to be designed by a
Colorado Registered Professional Engineer according to the Weld County
Individual Sewage Disposal 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: 9/0 304 6410
Fax: 9/0-301-6112
Public Health &
Clinical Services
Icic: 9/0 :304 6420
Fax: 9 /0-3N-6416
Environmental Health
Services
Tele: 970-304-6415.
Fax. 970-304-641 1
Communication,
Education & Planning
Tele: 970-304-5470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6462
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. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
8. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Onsite Waste Water Treatment Systems.
9. 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.
10. 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.
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
Commercial 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.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.
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
$860 �.- • -
April 17, 2018
Weld County Referral
The Weld County Department of Planning Services has received the following item for review:
Applicant: Taiigrass Terminals, LLC Case Number: USR18-0035
Please Reply By: May 15, 2018 Planner: Kim Ogle
Project: Taligrass Terminals, LLC to construct a crude oil terminal capable of handling 200,000 barrels a
day with 1,050,000 barrels of crude oil storage capacity.
Location: Approximately 0.5 miles north of CR 30 and approximately 0.25 miles east of CR 47
Parcel Number: 121324200027-R7509298 Legal: PART S2NW4 SECTION 24, T3N, R65W LOT B
REC EXEMPT RE -2045 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. t'f 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:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency
Date 611 l
r'°'"a-LrYi
!1
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: 303-659-73731 FX: 303-659-6077
Weld County
May 11, 2018
Referrals Weld County
: May 11, 2018
Kogle
Tallgrass Terminals, LLC
Use be Special Review
: USR18-0035
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.
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 additional information regarding your project so that we may
complete our review and that review criteria can be sent to you, if applicable.
Canal road may not be used for access without approval and executed agreement.
FRICO will require a license agreement
FRICO will require an access permit
X FRICO will require a seepage agreement
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,
FRICO, General Manager FRICO, Project Coordinator
COLORADO
Division of Water Resources
Deaa-trnent of Natj at?esources
April 24, 2018
Kim Ogle
Weld County Department of Building and Planning Services
Transmitted via email: kogle@weldgov.us
Re: Tallgrass Terminals, LLC -Use by Special Review
Case no. USR18-0035
Part of 5' , NW 1/4, Sec. 24, T3N, R65W, 6th P.M.
Lot B Recorded Exemption RE -2045
Water Division 1, Water District 2
Dear Mr. Ogle,
John W. Hickenlooper
Governor
Robert Randall
Executive Director
Kevin Rein, P.E.
Director/State Engineer
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 use by special review permit to
construct a crude oil terminal capable of handling 200,000 barrels a day with 1,050,000 barrels of
crude oil storage capacity.
The referral information indicates that during construction and initial operation bottled water and
portable toilets will be used. Applicants indicate a well will be constructed using an approved well
permit to support restroom facilities for the office building/warehouse. Applicant indicates water
used for dust suppression will be trucked to the site from a municipal site.
A review of our records shows well permit no. 306411 was issued on August 8, 2017 pursuant to §37-
92-602(3)(b)(I), C.R.S as the only well on a tract of 40.97 acres described as the lot B, Recorded
Exemption No.1213-24-2-RE 2045 to withdraw up to 1/3 acre-foot per year of ground water from
the nontributary Laramie -Fox Hills aquifer. The State Engineers Office has not received evidence
that the well has been constructed; however the well permit expiration is August 8, 2019. The well
permit is currently permitted to be used for drinking and sanitary facilities for a commercial
business. The well, as permitted, cannot be used for any other uses besides those allowed per
permit no. 306411. This office has no objection to the proposal, provided the terms and conditions
of well permit no. 306411 are complied with.
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.water.state. co. us
Case no. USR18-0035 Page 2 of 2
April 24, 2018
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 Ailis Thyne at (303) 866-3581 x8216.
Sincerely,
Joarina Williams, P.E.
Water Resource Engineer
Ec: Permit file 306411
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