HomeMy WebLinkAbout20161576.tiff MEMORANDUM
IMt,I
r, I/ Fr --I I TO: Chris Gathman, Planning Services DATE: 3/24/16
L , FROM: Wayne Howard, P.E., Development Engineer
CO ,- N -Y
SUBJECT: USR16-0008, Jordan Deicing
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:
De-Icing storage facility
This project is west of and adjacent to CR 45 and is north of CR 4.
Parcel number 147327000068
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 an 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, 5-year storm falling on the undeveloped site for
URBANIZING areas.
Detention Pond summarized in a Drainage Report:
Engineering has received a preliminary detention report which is acceptable. A final report with COC will
be required upon completion.
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.
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 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)
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)
1. 11r — WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
oo nTY 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Chris Gathman
From: Ben Frissell, Environmental Health Services
Date: March 8, 2016
Re: USR16-0008 Berven Industries LLC, New Deal Deicing
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for any Use permitted as
a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (office, manufacturing and warehouse
facility for air field de-icing production company), 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 in the A
(Agricultural) Zone District
The application indicates that approximately 7 full-time and 4 part-time
employees will access the site on a regular basis. A commercial septic system
will be installed along with a commercial well that will supply water. Floor drains
within the warehouse and production areas of the facility will be utilized. These
will drain to a vault, independent of the septic system, and be serviced by a
certified waste disposal company as indicated in the application.
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.
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education 8 Planning &ResponseEP
Tele:970-304-6410 Tele:970-304-6420 Tele 970-304-6415 Tele:970-304-6470 Tele:970-304-6470
Fax: 970-304-6412 Fax: 970-304-6416 lax: 970-304-6411 Tax: 970-304-6452 Fax: 970-304-6452 PubIIcHeelth
3. Waste materials shall be handled, stored, and disposed 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.
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 facility shall adhere to the maximum permissible noise levels
allowed in the Light Industrial Zone as delineated in 25-12-103 C.R.S.
6. Adequate drinking, hand washing and toilet facilities shall be provided
for employees, at all times. For employees or contractors on site for
less than 2 consecutive hours a day, and 2 or less full time employees
on site, portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained
on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand
sanitizers.
7. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to On-site Wastewater
Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes.
8. Process wastewater (such as floor drain wastes) shall be captured in a
watertight vault and hauled off for proper disposal. Records of
installation, maintenance, and proper disposal shall be retained.
9. Any vehicle or equipment washing areas shall capture all effluent and
prevent discharges in accordance with the Rules and Regulations of
the Water Quality Control Commission, and the Environmental
Protection Agency.
10.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.
11.The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
Chris Gathman
From: Roy Rudisill
Sent: Tuesday, April 19, 2016 10:06 AM
To: Chris Gathman
Subject: Re: Is an Emergency Safety and Action Plan needed for this USR
I'm sorry Chris, I have not received anything specific from my contacts. However I'm sitting with two hazmat guys in a
meeting and they thought it would be good to do a plan based on quantities.
Sorry for the delay.
Director Roy Rudisill
Weld County OEM
970-381-0417 Mobil
970-304-6540 Office
From my iPhone
>On Apr 19, 2016, at 09:45, Chris Gathman <cgathman@co.weld.co.us>wrote:
> Dear Roy,
>Just following upon this (whether or not an emergency management plan is needed for New Deal Deicing. Did you
find out anything else?
> FYI: This is going before our Planning Commission this afternoon.
>Thanks,
>Chris Gathman
> Planner III
> Weld County Department of Planning Services
> 1555 N. 17th Avenue, Greeley CO. 80631
> Ph: (970)353-6100 ext. 3537
> Fax: (970)304-6498
>Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only
for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
> Original Message
> From: Roy Rudisill
>Sent: Tuesday,April 12, 2016 1:41 PM
>To: Chris Gathman <cgathman@co.weld.co.us>
>Subject: RE: Is an Emergency Safety and Action Plan needed for this USR
1
> Hi Chris, I'm doing some research on the chemicals but everything I have found so far in non-hazardous as mentioned
by the applicant. I'll try to get you more information later today or tomorrow morning on the requirement of an
emergency plan.
> Roy
> Roy Rudisill
> Director
>Office of Emergency Management
> 1150 O Street
>970-304-6540 Office
>970-381-0417 Cell
>Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only
for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
> Original Message
> From: Chris Gathman
>Sent: Tuesday,April 12, 2016 11:22 AM
>To: Roy Rudisill <rrudisill@co.weld.co.us>
>Subject: Is an Emergency Safety and Action Plan needed for this USR
> Dear Roy,
> I have been getting quite a few phone calls on this case. Concerns re: chemicals on the site/what if there is a fire....The
application indicates that the materials on site will be non-hazardous (sodium acetate and sodium formate salts per
page 17 of the application).
>Originally I was not considering it but given all of the concerns I am wondering if we should require an Emergency
Safety and Action Plan.
> Do you think we should require one as a condition of approval?
>Thanks,
>Chris Gathman
> Planner III
> Weld County Department of Planning Services
> 1555 N. 17th Avenue, Greeley CO. 80631
> Ph: (970)353-6100 ext. 3537
> Fax: (970)304-6498
2
>Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only
for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
3
Submit by Email
AP Weld County Referral
CCJN y
February 25, 2016
The Weld County Department of Planning Services has received the following item for review:
Applicant: Ivar& Evelyn Jordan Children's Trust, do Case Number: USR16-0008
Berven Industries, LLC dba New Deal Deicing, LLC
Please Reply By: March 24, 2016 Planner: Chris Gathman
Project: A Site Specific Development Plan and Use by Special Review Permit for any Use permitted as a
Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts(office, manufacturing and warehouse facility for airfield de-icing production company), 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 in the A(Agricultural)Zone District.
Location: North of and adjacent to County Road 4 and west of and adjacent to County Road 45.
Parcel Number: 147327000068-R0345795 Legal: SE4SE4 SECTION 27, T1 N, R65W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
n 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.
4 See attached letter.
Paul Ratliff 3/23/2016
Signature Date
Agency Anadarko
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.60631 (970)353-6100 ext.3540 (970)304-6498 fax
Anadar i2
Petroleum Corporation
March 23, 2016
VIA E-MAIL
ChrisGathman, PIainer
Weld County- Department of Planning
1555 N 17th Ave
Greeley, CO 80631
cgathman@weldgov.com
NOTICE OF M I NERAL INTERESTSAND OIL AND GAS LEASEHOLD
INTERESTS OWNED BY ANADARKO LAND CORP., ANADARKO E&P
ONSHORE LLC AND KERR-McGEE OIL & GAS ONSHORE LP AND
OBJECTION
Re: USR16-0008
Ivan& Evelyn Jordan Children's Trust - Property Owner or "Applicant"
Township 1 North, Range65 West
Section 27: part of the SE/4 ("Property")
Weld County, Colorado
Mr. Gathman:
This objection and notice letter is submitted to Weld County ("County") on behalf of
Anadarko Land Corp. ("Anadarko Land"), Anadarko E&P Onshore LLC ("Anadarko E&P'),
and Kerr-McGee Oil & Gas Onshore LP("Kerr-McGee") with respect to the application for
a Site Specific Development Plan and USR Permit that has been filed with the County by
Iva & Evelyn Jordan Children's Trust ("Applicant") that includes property in the SE/4 of
Section 27, Township 1 North, Range 65 West in Weld County.
Anadarko Laid and Anadarko E&P (the "Anadarko entities") together own the
minerals that underlie the property located i n Section 27 ("Property"). Kerr-McGee owns of I
and gas l easehol d interests in the Property.
The Anadarko entities and Kerr-McGee wish to give notice to the County of the
mineral interests and oil and gas leasehold interests they own under the Property and make
the County aware that the approval of a final application may significantly impact the
prospective development of the minerals and oil and gas interests that underl ie the Property.
The Anadarko Entities and Kerr-McGee object to the approval of a final application for
development until agreements on surface use are reached among the Anadarko entities, Kerr-
M cGee and the Applicant covering the Property.
The fol I owi ng are comments i n support of this Notice and Objection:
1. The Mineral Resources Owned by Anadarko Laid Corp.
Anadarko Laid owns all of the had rock minerals, induding the coal that underlies
the Property. Anadarko Land has reviewed the Property for coal resource potential and
determined that the Property is underlain with Laramie Formation coals that are
approximately 14.9 feet thick and lie at a depth starting at approximately 863 feet. Laramie
Formation coals have a high BTU of approximately 8,900 to 9,800 btu/lb and a low sulfur
content of between .3 and .8 percent. It is estimated that there may be over 16.5 million tons
of Laramie Formation coal in Section 27.
2. The Oil and Gas Resources Owned by the Anadarko Entities.
The Anadarko entities together own all of the oil and gas that underlies the Property,
and Kerr-McGee owns of I and gas I easehol d interests for the Property.
Current COGCC rules and regulation provide for five drilling windows in a quarter
section where the Property is located, one in the center of the quarter section and one in the
center of each quarter-quarter section.
3. There is Clear Statutory Authority and Direction for the County to Take Into Account
the Rights of Mineral Interest Owners in Its Consideration of Applications for
De✓el opment.
The State of Colorado recognizes the important rights of mineral owners and lessc
in C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and
the surface estate are interests in laid and that the two interests are "separate and distinct."
The subsection specifically recognizes that the owners of subsurface mineral interests and
their I execs have"the same rights and privi loges as surfarp owners."
4. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard
to the Rights of the Other.
Colorado law provides that the mineral owner has the right of reasonable access to
and use of the surfarp estate to extract minerals and that the mineral estate owner and the
surface estate owner are to give due regard to the rights of the other and reasonably
accommodate each other's rights.
5. The Anadarko Entities and Kerr-McGee Have Entered into Many Agreements with
Developers With Respect to the Disposition of the Minerals at the Time that the
Developer Proposes to Develop the Surfarp Estate, and the Public Interest is Served
by the Parties Entering into Such an Agreement.
The mineral amts have significant value and consequently the Anadarko entities and
Kerr-McGee are concerned that the approval by the County of an application for
development of the Property and the subsequent build-out of the Property may impair thelr
abi I i ty to devd op the r mi nerd s and of I and gas i nterests.
Any future surface development plans approved by the County should incorporate
and designate lands to be set aside for oil and gas development and expres ly provide
protection for future wells, pipelines, gathering lines and related oil and gas facilities and
equipment. Approval of any surface development plan that forecloses the rights of mineral
and l easehol d owners may be a compensabl a taking.
The Anadarko entities and Kerr-McGee have extensive mineral and oil and gas
Icxrchold interests throughout the State of Colorado and have successful I worked with many
parties who wish to develop the surface estate in order to assure the compatible development
of the surfarp estate and the of I and gas estate or some other disposition of the minerals.
The practice of the Anadarko entities and Kerr-McGee is to meet with surface owners
to reach a mutually acceptable agreement, including the disposition of the hard rock mineral
interests. To date, the Anadarko entities and Kerr-McGee have not had any discussions with
the Applicant on this matter. Because no agreement has been reached between the pa-ties that
covers the Property, and in order to protect their mineral and oil and gas interests and private
property rights, the Anadarko entities and Kerr-McGee object to the application and request
that the County make any approval of a final application for development of the Property
conditioned upon an agreement among the Anadarko entities, Kerr-McGee and the
Appl i cant.
Please contact me at 970-515-1186 if you have any questions or comments about this
matter. The Anadarko entities and Kerr-McGee hope to condude a mutually acceptable
agreement with the surface owner of the property, and we look forward to working with the
County to accomplish its land use planning goals.
Sincerely,
ANADARKO PETROLEUM CORPORATION
/2,/
Paul Ratliff
Landman
cc: Jeff Fiske, Lead Counsel
Don Ballard
Travis Book
Don Jobe
Ron Olsen
DiikNR D I
COLORADO
CO Resources
Dec< tmc .c r.
1313 Sherman Street, Room 821
Denver, OO80203
March 21, 2016
Chris Gathman
Weld County Department of Planning Services
Transmitted via email: cgathman(ao.weld.co.us
Re: Ivar and Evelyn Jordan Children's Trust Use by Special Review Permit
Case No. USR16-0008
Portion of the SE 1/4 of the SE 1/4 of Section 27, T1 N, R65W
Water Division 1, Water District 2
Dear Mr. Gathman:
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-
101(10)(a), C.RS Therefore, pursuant to the Sate 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
icctiance of a well permit, or physical availability of water.
The application is for a Ste Ran review for an office, manufacturing and warehouse facility
for an airfield de-icing production company on 34 acres located in the SN'A of the SW'A of
Section 27, Township 1N, Range 65W, of the Sxth PM; the subject property is Lot Bof
proposed recorded exemption no. RECX16-0006.
A Water Ripply Information Simmary Sleet included in the referral material indicatesthat the
water requirement for the commercial use for a 20,000 square-feet building is 120 gallons per
day or 0.14 acre-feet per year and the irrigation use of 0.5 acres is 930 gallons per day or 1.05
acre-feet per year, totaling 1,050 gallons per day or 1.19 acre-feet per year. The proposed
water supply for this facility is a new well to be constructed into the Lower Arapahoe aquifer.
The water uses proposed in this application would require that the applicant obtain a "non-
exempt" well permit. At this location, the Lower Arapahoe aquifer is considered a nontributary
water source; there may be up to 5.6 acre-feet of water per year available in this aquifer. The
applicant may be able to obtain a well permit for the Lower Arapahoe aquifer, for the uses
proposed above, without a plan for augmentation from the Water Court.
Should the applicant apply for an "exempt" well permit, instead of a "non-exempt" well
permit described above, permitted uses would be limited to drinking and sanitary purposes
inside a commercial business with no irrigation uses allowed.
shv
13139ierman 3reet, Room 821. Denver, OO80203 P303.866 3581 F 303 866 3585 www wat er.state co us
, G
Case No. USR16-0008 Page 2 of 2
March 21, 2016
Records in this office indicate that there may be an existing well on the property. Permit no.
23148 was issued on March 30, 1965 for stock uses. Uses are limited to those usesthat were
in place as of May 8, 1972 and that continued since that time. It should be noted that if the
well constructed under permit no. 23148 is located on the property it could affect the ability
to obtain an "exempt" well permit for this property.
The application materials indicate that a storm water detention structure will be constructed
asa part of this project. The applicant should be aware that, unless the structure can meet
the requirements of a "storm water detention and infiltration facility" as defined in section
37-92-602(8), Colorado Revised Salutes, the structure may be subject to administration by
this office. The applicant should review DWR'sAdministrative Satement Fegardingthe
Management of Storm Water Detention Facilities and Post-Wildl and 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 Sormwater Detention and Infiltration Facility Notification
Portal, located at https:// maperture.digitaldataservices.com/ qvh/'viewer=cswdif, to meet
the notification requirements.
This office cannot guarantee the issuance of any well permit; any well permit application for
the property will be evaluated at the time it is received in this office. If you, or the
applicant, have any questions please contact Karlyn Armstrong of this office.
Sncerely,
7 Joann- Williams, P.E.
Water Resource Engineer
cc: Permit no. 23148
DNR COLORADO
IL f urces
CO tit unpuo n1 iv,*
1313 Sherman 3reet, Room 821
Denver, CO80203
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 Sorm Water Management" dated May 21,
2011. Snce the passage of Colorado senate Bill 15-212, that administrative approach has been
superseded. This document describes S3 15-212, codified in section 37-92-602(8), Colorado
Revised Satutes(C.RS), 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 S315-212 apply to surface water throughout the state.
515-212 only clarifies when facilities may be subject to administration by the Sate 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 subj ect 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.
oY co,�
1313 Bierman Sreet, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
•
/x 1
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 55212, 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 Sorm
Sewer 9,/stem Permit issued by the Department of Public Health and Environment
pursuant to Article 8 of Title 25, C.RS
• 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 Sate 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 9abstitute Water Stapply Plan (SNP) 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 Sate Engineer has not been given the statutory responsibility to
review notices, however, DWRstaff 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 Lerman Street, Room 821.. Denver, CO 80203 P 303 866 3581 F 303 866 3589 www water state co.us
/xis
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:
htt ps:// mapert ure.di gital dataservi ces.corn/ gvh/ ?iiewer=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 Practices' (BMPs) not contemplated above,
including all Construction BMPs and non-retention BMPs, do not require notice pursuant to
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 Sate 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.
1 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 Rjjinoff Volume and release it over a 72 hour period (Urban Drainage
and Flood Control, 2010).
4 Best management practice: Atechnique, process, activity, or structure used to reduce pollutant
discharges in stormwater (Urban Drainage and Flood Control, 2010).
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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 9-212, 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 asthe 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 DWRmay use the National Hydrography Dataset or other reasonable measure to determine the
classification of a stream
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1313 Lerman Street, Room 821.. Denver, CO 80203 P 303 866 3581 F 303 866 3589 www water state co.us
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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.di(Altai dataservices.corn/gvhiviewer=cswdif
Colorado nate Bill15-212:
ht t p://www.I eg.state.co.us/ CLI CS CLI CS?015A/csl.nsf/fsbi I I cont 3/ 13B28CF09699E67087257DE80
06690D8 Dpen&file=212 enr.pdf
United States Geological SLrvey 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-fags/
Urban Drainage and Rood Control District. (2010). Urban Storm Drainage Criteria Manual:
Volume 3, Best Management Practices, updated November 2015. Located at:
http:// udfcd.org/volume-three
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