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HomeMy WebLinkAbout20170409.tiffMEMORANDUM TO: Kim Ogle, Planning Services DATE: December 19, 2016 FROM: Hayley Balzano, E.I., Development Engineer SUBJECT: USR16-0042 Roan Storage Facility The Weld County Department of Planning Services -Engineering 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: Oil and Gas Storage Facility This project is south of and adjacent to County Road 30 and is west of County Road 49. Parcel number: 121325000010 Drainage Requirements: Please contact Department of Planning Services/Engineering Development Review for questions or assistance for drainage requirements at 970-353-6100. URBANIZING VS NON -URBANIZING DRAINAGE AREA: This area IS within a Non -Urbanizing Drainage Area: 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. 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 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 a Engineering representative from the Planning Department for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, Rik Gay, 303-692- 3575. Geologic Hazard Area: This area IS NOT in a Geologic Hazard Area. Floodplain: This area IS NOT in a FEMA regulatory floodplain. CONDITIONS OF APPROVAL: A. 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 Planning Services -Engineer) B. The plan shall be amended to delineate the following: 1. The applicant shall show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Planning Services -Engineer) 2. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services -Engineer) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 2. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services -Engineer) MEMORANDUM TO: Kim Ogle, Planning Services DATE: December 19, 2016 FROM: Janet Lundquist, Public Works SUBJECT: USR16-0042 Dechant 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 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, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions and a construction laydown yard in the A (Agricultural) Zone District. (NBL Midstream Holdings - Roan Storage Facility) This project is south of and adjacent to CR 30 and is west of CR 49. Parcel number 121325000010. Access is from CR 30. Access: An Access Permit application was submitted with the application materials. Public Works will review the application and provide an access permit and permit number if approved. Questions concerning access requirements can be directed to Public Works access permit division. An Access Permit is required. For new accesses and/or change of use of an existing access, the fee and photos are required (Access permit instructions and application can be found at http:Ilwww.co.weld.co.us/Departments/PublicWorks/Permits.html.) Chapter 6, Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria, offer access design guidance. (This document can be found at http://www.co.weld.co.us/Departments/PublicWorks/EnqineerindandRichtofWay/EnqineerinqCriteriaandP olices.html) Existing access points with change of use or new access points may or may not be granted. Questions pertaining to access permits or access design shall be directed to the Public Works Department. For shared accesses, Public Works strongly recommends that 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 for the recorded exemption but is recommended to avoid property owner conflicts in the future. Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of shoulder to allow a truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any vehicle(s) stopped to open a gate be allowed to create a safety issue for roadway users. When feasible, there shall be no net increase in the number of accesses to a public road. Contact Public Works to discuss your access. Roads: County Road 30 is a paved road and is designated on the Weld County Road Classification Plan 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. County Road 49 is designated on the Weld County Classification Plan as an arterial road, which typically requires 140ft of right-of-way at full build out. Weld County is currently in the process of widening this corridor. The alignment of the road widening project varies along the section line for the corridor. Contact public works for the location of the existing and future right of way and easements and delineate these on the site plan. Traffic: Latest ADT on CR 30 was taken on 2/9/2015 which counted 11025 vpd with 54% trucks. A traffic narrative was submitted with the application materials and indicated that there will be approximately 15 daily truck roundtrips. The expected traffic routes are expected to primarily go east from the facility to CR 49. The site will have no full time employees working on site, but 1-2 employees will visit the site over a 24 hour period. TRACKING CONTROL: Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are listed below. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. More than 10 round truck trips/day (tandem or semi -trucks) or more than 50 round passenger vehicles trips: • Access onto gravel roads requires a tracking control device and a minimum of 300ft of recycled asphalt or road base. • Access onto paved roads requires either a tracking control devise and 100ft of asphalt OR 300ft of asphalt. *Recycled concrete is not allowed in County ROW **Tracking control devices can be double cattle guards or other specialized device *** Tracking control for unmaintained public ROW is required just prior to entering publically maintained roadways. Improvements and Road Maintenance Agreement: No improvements agreement will be required as the anticipated traffic is less than 21 round truck trips/day or 50 round passenger vehicle trips/day or if defined as a Site Plan Review (SPR). A development standard will be applied to the recorded map indicating any impacts to the road must be mitigated by the owner. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. CONDITIONS OF APPROVAL: A. The plan shall be amended to delineate the following: 1. County Road 30 is a paved road and is designated on the Weld County Road Classification Plan 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. County Road 49 is designated on the Weld County Classification plan as an arterial road which typically requires 140ft of right-of-way at full build out. Weld County is currently in the process of widening this corridor. The alignment of the road widening project varies along the section line for the corridor. Contact Public Works for the location of the existing and future right of way and easements and delineate these on the site plan. (Department of Public Works) 3. Show and label the approved access(es) (APXX-X)OXXX), and the appropriate turning radii on the site plan. (Department of Public Works) 4. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder. (Department of Public Works) Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. (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 offsite 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) r1 couNTY 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: December 22, 2016 Re: USR76-0042 Noble Oil Storage and Laydown Yard 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, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions and a construction laydown yard in the A (Agricultural) Zone District. (NBL Midstream Holdings - Roan Storage Facility) There will be 1-2 employees who visit the site daily. Bottled water and portable toilets are proposed which is consistent with County Policy. We have 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., as amended) 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., as amended. 3. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-301-641'2 Public Health & Clinical Services I cic: 9/0 304 6420 Fax: 9/0-304-6416 Environmental Health Communication, Services Education & Planning Tele:970-304-6415 Tele:970-304-6470 Fux: 970-304-6411 Fox: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6462 Public Health 4. Fugitive dust and fugitive particulate emissions 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 facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 6. 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. 7. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. If 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. 8. 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. 9. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. 10. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. 11. 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. 12. 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. 13. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. COLORADO Division of Water Resources Dena -triter of Natural Resou.rces 1313 Sherman Street, Room 821 Denver, CO 80203 Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado February 11, 2016 The Division of Water Resources (DWR) has previously administered storm water detention facilities based on DWR's "Administrative Approach for Storm Water Management" dated May 21, 2011. Since the passage of Colorado Senate Bill 15-212, that administrative approach has been superseded. This document describes SB 15-212, codified in section 37-92-602(8), Colorado Revised Statutes (C.R.S.), and how the law directs administrative requirements for storm water management. The document is for informational purposes only; please refer to section 37-92- 602(8) for comprehensive language of the law. Pursuant to section 37-92-602(8), storm water detention facilities and post-wildland fire facilities shall be exempt from administration under Colorado's water rights system only if they meet specific criteria. The provisions of SB15-212 apply to surface water throughout the state. SB15-212 only clarifies when facilities may be subject to administration by the State Engineer; all facilities may be subject to the jurisdiction of other government agencies and must continue to obtain any permits required by those agencies. Storm Water Detention Facilities Pursuant to section 37-92-602(8), a storm water detention and infiltration facility ("Detention Facility") is a facility that: • Is owned or operated by a government entity or is subject to oversight by a government entity, including those facilities that are privately owned but are required by a government entity for flood control or pollution reduction. • Operates passively and does not subject storm water to any active treatment process. • Has the ability to continuously 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. • Has the ability to continuously release or infiltrate at least 99 percent of all of the water from a rainfall event that is greater than a five-year storm within 120 hours of the end the rainfall event. • Is operated solely for storm water management. 1313 Sherman Street, Room 821, Denver, CO 80203 P 3O3.866.3581 F 3O3.866.3589 www.water.state.co.us Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR February 11, 2016 Page 2 of 5 In addition, to qualify for the allowances provided in SB-212, the facility: • Must not be located in the Fountain Creek watershed, unless the facility is required by or operated pursuant to a Colorado Discharge Permit System Municipal Separate Storm Sewer System Permit issued by the Department of Public Health and Environment pursuant to Article 8 of Title 25, C.R.S. • Must not use water detained in the facility for any other purpose nor release it for subsequent diversion by the person who owns, operates, or has oversight over the facility. The facility cannot be operated as the basis for a water right, credit, or other water use right. • Must not expose ground water. • May include a structure or series of structures of any size. If the Detention Facility was constructed on or before August 5, 2015 and meets all the requirements listed above, it does not cause material injury to vested water rights and will not be subject to administration by the State Engineer. If the Detention Facility is constructed after August 5, 2015, meets the requirements listed above, and the operation of the detention facility does not cause a reduction to the natural hydrograph as it existed prior to the upstream development, it has a rebuttable presumption of non -injury pursuant to paragraph 37-92-602(8)(c)(II). A holder of a vested water right may bring an action in a court of competent jurisdiction to determine whether the operation of the detention facility is in accordance with paragraph 37-92-602(8)(c)(II)(A) and (B) has caused material injury. If the court determines that the vested water rights holder has been injured, the detention facility will be subject to administration. In addition, for Detention Facilities constructed after August 5, 2015, the entity that owns, operates, or has oversight for the Detention Facility must, prior to the operation of the facility, provide notice of the proposed facility to the Substitute Water Supply Plan (SWSP) Notification List for the water division in which the facility is located. Notice must include: the location of proposed facility, the approximate surface area at design volume of the facility, and data that demonstrates that the facility has been designed to comply with section 37-92-602(8)(b) paragraphs (B) and (C). The State Engineer has not been given the statutory responsibility to review notices, however, DWR staff may choose to review notices in the course of their normal water administration duties. Not reviewing notices does not preclude the Division Engineer from 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR February 11, 2016 Page 3 of 5 taking enforcement action in the event that the above criteria are not met in design and/or operation. To satisfy the notification requirement, operators are encouraged to use the Colorado Stormwater Detention and Infiltration Facility Notification Portal developed by Urban Drainage and Flood Control District ("UDFCD"), located at: https: / / maperture.digitaldataservices.com/gvh/?viewer=cswdif. Types of detention Facilities contemplated under this statute include underground detention vaults, permanent flood detention basins,' extended detention basins,2 and full spectrum detention basins.3 Storm Water Best Management Practices4 (BMPs) not contemplated above, including all Construction BMPs and non -retention BMPs, do not require notice pursuant to SB- 212 and are allowed at the discretion of the Division Engineer. Green roofs are allowable as long as they intercept only precipitation that falls within the perimeter of the vegetated area. Green roofs should not intercept or consume concentrated flow, and should not store water below the root zone. BMPs that rely on retention, such as retention ponds and constructed wetlands, will be subject to administration by the State Engineer. Any detention facility that does not meet all of the statutory criteria described above, in design or operation, is subject to administration by the State Engineer. ' Flood detention basin: An engineered detention basin designed to capture and slowly release peak flow volumes to mitigate flooding (Urban Drainage and Flood Control, 2010). 2 Extended detention basin: An engineered detention basin with an outlet structure designed to slowly release urban runoff over an extended time period (Urban Drainage and Flood Control, 2010). 3 Full spectrum detention basin: An extended detention basin designed to mimic pre -development peak flows by capturing the Excess Urban Runoff Volume and release it over a 72 hour period (Urban Drainage and Flood Control, 2010). 4 Best management practice: A technique, process, activity, or structure used to reduce pollutant discharges in stormwater (Urban Drainage and Flood Control, 2010). 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR February 11, 2016 Page 4 of 5 Post-Wildland Fire Facilities Pursuant to section 37-92-602(8), a post-wildland fire facility is a facility that: • Includes a structure or series of structures that are not permanent. • Is located on, in or adjacent to a nonperennial streams. • Is designed and operated to detain the least amount of water necessary, for the shortest duration of time necessary, to achieve the public safety and welfare objectives for which it is designed. • Is designed and operated solely to mitigate the impacts of wildland fire events that have previously occurred. In addition, to qualify for the allowances provided in SB-212, the facility: • Must be removed or rendered inoperable after the emergency conditions created by the fire no longer exist, such that the location is returned to its natural conditions with no detention of surface water or exposure of ground water. • Must not use water detained in the facility for any other purpose nor release it for subsequent diversion by the person who owns, operates, or has oversight over the facility. The facility will not be operated as the basis for a water right, credit, or other water use right. If the post-wildland fire facility meets the requirements listed above, it does not cause material injury to vested water rights. While DWR recognizes that post-wildland fire facilities are essential to the protection of public safety and welfare, property, and the environment, DWR may, from time to time, request that the person who owns, operates, or has oversight of the post-wildland fire facility supply information to DWR to demonstrate they meet the criteria set forth above. If a post-wildland fire facility does not meet all the criteria set forth above, it will be subject to administration by the State Engineer. 5 DWR may use the National Hydrography Dataset or other reasonable measure to determine the classification of a stream 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR February 11, 2016 Page 5 of 5 Resources and References Colorado Stormwater Detention and Infiltration Facility Notification Portal: https://maperture.digitaldataservices.com/gvh/?viewer=cswdif Colorado Senate Bill15-212: http: / /www.leg.state.co.us/CLICS/CLICS2015A/csl.nsf/fsbillcont3/13B28CF09699E67087257DE80 06690D8?Openatfile=212_enr. pdf United States Geological Survey National Hydrography Dataset: http://nhd.usgs.gov/ Urban Drainage and Flood Control District 37-92-602(8) explanation memo and FAQ's: http://udfcd.org/crs-37-93-6028-explanation-memo-and-faqs/ Urban Drainage and Flood Control District. (2010). Urban Storm Drainage Criteria Manual: Volume 3, Best Management Practices, updated November 2015. Located at: http://udfcd.org/volume-three 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us COLORADO Division of Water Resources De-oa-trnent of Natj,at?esources 1313 Sherman Street, Room 821 Denver, CO 80203 November 30, 2016 Kim Ogle Weld County Department of Building and Planning Services Transmitted via email: kogle@co.weld.co.us RE: Alvin Dechant Jr. and David Dechant Case no. USR16-0042 W1/2 of Sec. 25, T3N, R65W, 6th P.M. Water Division 1, Water District 1 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 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. According to the referral information drinking water to the site will be provided by bottled water. No other water requirements were specified. As long as the drinking water is provided by bottled water, and there are no other water requirements for the site, our office has no comment on this project. The application materials indicate that storm water detention structures may be updated and/or created as a part of this project. The applicant should be aware that, unless the structures can meet the requirements of a "storm water detention and infiltration facility" as defined in section 37-92-602(8), Colorado Revised Statutes, the structures may be subject to 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 structures meets statutory and administrative requirements. The applicant is encouraged to use Colorado Stormwater Detention and Infiltration Facility Notification Portal, 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Alvin Dechant Jr. and David Dechant November 30, 2016 Page 2 of 2 located at https://maperture.digitaldataservices.com/gvh/?viewer=cswdif, to meet the notification requirements. If you, or the applicant, have any questions please contact me at 303-866-3581 x8265. Sincerely, 7/ joann Williams, P.E. Water Resource Engineer 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Hello