HomeMy WebLinkAbout20140899.tiff MEMORANDUM
° 1L 8 ° TO: Kim Ogle, Planning Services DATE: January 2, 2014
FROM: Donald Carroll, Engineering Administrator
Public Works Department
CQiNir Y_
� SUBJECT: USR13-0065, L.G. Everist
(PAAP-Plains All-American Pipeline, LP)
The Weld County Public Works Department has reviewed this proposal. This project falls under the
Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23.
Staff comments made during this phase of the Use by Special Review process may not be all inclusive;
as other issues may arise during the remaining application process.
COMMENTS:
CR 126 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-
foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in
the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line.
The applicant shall delineate or dedicate an additional 10-foot of right-of-way parallel to the CR 126
right-of-way for future build-out.
CR 120 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a
60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK
in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way
line.
REQUIREMENTS:
Access Permit Application Form:
Show the approved access on the plat and label it with the approved access permit number (AP#).
Noxious Weeds:
Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Section 15-1-180 of the Weld County Code.
Traffic Study:
A traffic study was submitted by Wilson & Company, Steve Gomez, P. E. The applicant is indicating
100 truckloads per day, and an additional 20 employee/misc. trips with 6-8 truck stations for unloading.
Drainage Report:
Comment: The applicant submitted a Final Drainage Report from Wilson & Company dated Nov. 2013.
Condition of Approval: A final drainage report stamped and signed by a P. E. registered in the State of
Colorado is required.
Development Standard: The historical flow patterns and run-off amounts will be maintained on site.
Grading Permit: If more than one acre is to be disturbed, a Weld County Grading Permit will be
required prior to the start of construction.
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Flood Hazard Development Standards:
This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA), but Lone Tree Creek is not mapped at this location next to your parcel.
Improvements and Road Maintenance Agreement:
A long-term Road Maintenance Improvement Agreement is required (off-site CR 126) — L. G. Everist
has this Agreement in place for CR 126 (haul route) #2011-0050.
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ivELMEMORANDUM
TO: KIM OGLE, PLANNING SERVICES
U��C Q U N T z� FROM: MARY EVETT, ENVIRONMENTAL HEALTH
SUBJECT: USR13-0065 L G EVERIST INC
DATE: 3/19/2014
Environmental Health Services has reviewed this proposal for the expansion of a crude
oil transload facility. Crude oil will enter the facility via tanker trucks or pipelines, and will
leave the facility via rail tank cars. There will be up to 60 employees, contractors, truck
drivers and rail personnel accessing the site. There will be up to 20 employees working
12 hour shifts.
The site is served by an existing septic system, Permit No. SP-1100179, and an existing
well, Permit No. 286627. The applicant is proposing to install a new commercial septic
system and a new well for the facility expansion. The septic system will require
engineer design and Weld County Board of Health approval. The applicant will need to
submit documentation from the Colorado Division of Water Resources that the well is
approved for commercial use.
A comprehensive waste handling plan was submitted with the 7-day application.
The facility will contract Clean Harbors of Denver to handle all of their waste disposal
needs.
An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application has been
made and is pending approval by the State Air Pollution Control Division.
The dust abatement plan stipulates that after construction, disturbed areas will be re-
vegetated, coarse aggregate will be used on access drives and circulation areas, speed
limits are posted, and water or chemicals will be utilized to suppress dust.
A Spill Prevention Control and Countermeasure plan (SPCC) will be required and the
plan shall be available on site at all times.
We have no objections to the proposal; however, we do recommend that the following
conditions be part of any approval:
We recommend that the following requirements be met prior to allowing the plat to be
recorded:
1. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division (APCD), Colorado Department of Health and Environment. Alternately,
the applicant can provide evidence from the APCD that they are not subject to
these requirements.
2. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be
provided to Environmental Health Services Division of the Weld County
Department of Public Health & Environment.
3. Submit documentation demonstrating that the secondary containment to be
constructed around the aboveground tanks complies with the Colorado Oil and
Gas Conservation Commission's Rule 604.
4. The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that the well is appropriately permitted for the
commercial use.
5. In the event the facility's water system serves more 25 persons on a daily basis
the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County
Department of Public Health and Environment that the system complies with the
Regulations.
We recommend that the following requirements be incorporated into the permit as
conditions that must be met one month prior to construction activities:
1. The applicant shall submit evidence of a Colorado Discharge Permit System or
CDPS permit from the Colorado Department of Public Health and Environment
(CDPH&E), Water Quality Control Division, to cover stormwater discharges from
construction sites (5 CCR-1002-61). Alternatively, the applicant can provide
evidence from CDPH&E that they are not subject to the CDPS requirements.
We recommend that the following requirements be incorporated into the permit as
conditions that must be met prior to the issuance of building permit:
1. An individual sewage disposal system is required for the proposed facility and
shall be installed according to the Weld County Individual Sewage Disposal
Regulations. The septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual
Sewage Disposal Regulations.
2. The applicant shall submit evidence of an Underground Injection Control (UIC)
Class V Injection Well permit from the Environmental Protection Agency (EPA)
2
for any large-capacity septic system (a septic system with the capacity to serve
20 or more persons per day). Alternately, the applicant can provide evidence
from the EPA that they are not subject to the EPA Class V requirements.
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 in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions. The applicant shall operate in accordance with the
approved "waste handling plan".
4. The applicant shall comply with all provisions of the Above Ground Storage Tank
Regulations.
5. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
The facility shall be operated in accordance with the approved "dust abatement
plan" at all times.
6. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in Section 14-9-30 of the Weld County Code or all
applicable State noise statutes and/or regulations.
7. The operation shall comply with all applicable oil and gas operations regulated by
the Colorado Oil and Gas Conservation Commission.
8. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a
spillage retention berm shall be constructed around the aboveground storage
tanks. The volume retained by the spillage berm should be greater than the
volume of the largest tank inside the berm and sufficient freeboard to contain
precipitation. Alternative protective measures may be allowed provided they
comply with the Colorado Oil and Gas Conservation Commission regulations.
9. The facility shall be constructed and operated to ensure that contamination of soil
and groundwater does not occur.
3
10.Any petroleum contaminated soils on the facility shall be removed, treated or
disposed of in accordance with all applicable rules and regulations.
11.A Spill Prevention Control and Countermeasure plan shall be kept on site, at all
times.
12. Adequate drinking, hand washing and toilet facilities shall be provided for
employees and patrons of the facility, at all times.
13.Sewage disposal for the facility shall be by septic system. Any septic system
located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems.
14.In the event the facility's water system serves more 25 persons on a daily basis
the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1).
15.All potentially hazardous chemicals must be stored and handled in a safe manner
in accordance with product labeling and in a manner that minimizes the release
of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's).
16.The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
4
1861_7(L
Department of Planning Services
1555 N 17`"Ave
Greeley, CO 80631
C p U N T Y (970) 353-6100
Weld County Referral
Date: December 28, 2013
Applicant: L.G. Everist, Inc.
Project: A SITE DEVELOPMENT PLAN AND THIRD AMENDED USE BY SPECIAL REVIEW (3RD
AMUSR-840) FOR THE EXPANSION OF THE NIOBRARA CRUDE TERMINAL RAIL TRANSLOAD
FACILITY FOR TRANSLOADING OF A COMMODITY FROM ONE MODE OF TRANSPORTATION TO
ANOTHER INCLUDING RAIL, TRUCK AND PIPELINE; TRANSLOADING OF COMMODITIES AND
MATERIALS, WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES, INCLUDING PETROLEUM
PRODUCTS AND STORAGE RELATED TO SAME, AND LOAD-OUT OF INDUSTRIAL MATERIALS,
THE CONSTRUCTION OF AN ON-SITE RAIL SPUR TO CREATE A tRAIL LOOPL OF ONSITE
TRACK, NEW OFFICES AND SUPPORT BUILDINGS, AND RELATED EQUIPMENT, AND
ONGOING GRAVEL MINING, (SAND, GRAVEL AND STONE), IN THE AGRICULTURAL ZONE DISTRICT
Case Number: USR13-0065
Parcel Number: Number: Several
After reviewing the application and documents submitted the Building Department has the
following comments:
A building and electrical permit will be required, per Section 29-3-10 of the Weld County Code,
for any new above ground structures. A building permit application must be completed and two
complete sets of engineered plans
Buildings and structures shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing
Code:; 2012 International Fuel Gas Code; 2006 International Energy Code; 2011 National
Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
All building permit requirements can be found on the Weld County web-site.
www.co.weld.co.us/Building Inspection/Commercial Permits
Frank Piacentino
Department of Building Inspection
ANADARKO k&P ONSHORE I.LC 1099 18' STREET. SUITE 1800 • DENVER, COLORADO 80202
P.O. Box 173779 • DENVER, COLORADO 80217-3779
I '1[ I !
February 25, 2014
Via e-mail and Federal Ep•ess
kogle@weldgov.com
Kim Ogle
Weld County Planning and Building Department
1555 North 17th Avenue
Greeley, Colorado 80631
NOTICE OF MINERAL INTERESTS OWNED BY
ANADARICO LAND CORP. AND ANADARKO E&P ONSHORE LLC
Re: L. G. Everist, Inc. and Plains All American Pipeline LP
USR13-0065 (AmUSR-8440)
Township 11 North, Rangc 67 West
Section 35
Weld County, Colorado
Dear Kim:
This notice letter is submitted on behalf of Anadarko Land Corp., and Anadarko E&P
Onshore LLC (together the "Anadarko entities") with respect to an application that has been filed
with Weld County Planning and Building Department by L.G. Everist, Inc. and Plains All
American Pipeline LP ("Applicants") for a Site Specific Development Plan and Third Amended
Use by Special Review Permit for a Trausload Facility that covers property described as Section
35, Township 11 North, Range 67 West ("Property").
This letter is notice to the County that the Anadarko entities own the mineral interests
that underlie the Property and of their continuing rights to develop their mineral interests in
accordance with applicable law and regulations.
The Anadarko entities together own the oil and gas interests that underlie the Property.
The oil and gas interests are a real property interest that entitle the Anadarko entities or their
lessees to develop, operate and maintain oil and gas wells on the Property in accordance with
applicable local and Colorado Oil and Gas Conservation Commission ("COGCC") regulations.
The Anadarko entities believe that their oil and gas interests have significant value.
The uses that the Applicants proposes for the Property at this time do not appear to
significantly interfere with the ability of the Anadarko entities to develop their oil and gas
interests; however, they are concerned that the County may allow future or additional uses of the
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
Kim Ogle—USR13-0065
February 25, 2014
Page 2
Property in ways that prohibit or substantially impact the development of the oil and gas or cause
their development to be more onerous or costly.
Colorado case law and statutory law provide that the mineral owner and its lessees own
an independent property right to make reasonable use of the surface, to include access to and use
of the surface estate to explore for and extract minerals.' Approval of any future surface
development plan that forecloses the rights of mineral owners and lessees may be a compensable
taking.
The Anadarko entities request that the County provide for the private property rights of
oil and gas interest owners in all application approvals for the Property, and the Anadarko
entities continue to assert their rights to explore for and produce the oil and gas they own for the
Property.
Please make this Notice and the comments in it a part of the record in the proceedings.
Best regards.
i
211 l r.
Quinn-Hunter
cc: Susan Aldridge, Sr. Councel - Anadarko Petroleum Corporatio❑
Don Ballard
L.G. Everist, Inc. c/o Lynn Shults - for Applicants
I See Frankfort Oil Company v. Abrams,413 P.2d 190(Colo. 1966).Note also, Gerrity Oil& Gas Corporation v.
Magness, 946 P.2d 913 (Colo. 1997), which discusses in a footnote on page 927 the principle that the owners of
both estates must exercise their rights in a manner consistent with one another.
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
Submit by Email
18‘ Weld County Referral
IA T
tiEL.
uNTY �
December 19, 2013
The Weld County Department of Planning Services has received the following item for review:
Applicant: L.G. Everist, Inc. Case Number: USR13-0065
Please Reply By: January 16, 2014 Planner: Kim Ogle
Project: A SITE DEVELOPMENT PLAN AND THIRD AMENDED USE BY SPECIAL REVIEW (3RD
AMUSR-840) FOR THE EXPANSION OF THE NIOBRARA CRUDE TERMINAL RAIL TRANSLOAD
FACILITY FOR TRANSLOADING OF A COMMODITY FROM ONE MODE OF TRANSPORTATION TO
ANOTHER INCLUDING RAIL, TRUCK AND PIPELINE; TRANSLOADING OF COMMODITIES AND
MATERIALS, WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES, INCLUDING PETROLEUM
PRODUCTS AND STORAGE RELATED TO SAME, AND LOAD-OUT OF INDUSTRIAL MATERIALS,
THE CONSTRUCTION OF AN ON-SITE RAIL SPUR TO CREATE A LRAIL LOOPL OF ONSITE
TRACK, NEW OFFICES AND SUPPORT BUILDINGS, AND RELATED EQUIPMENT, AND
ONGOING GRAVEL MINING, (SAND, GRAVEL AND STONE), IN THE AGRICULTURAL ZONE
DISTRICT
Location: SOUTH OF AND ADJACENT TO CR 126; EAST OF AND ADJACENT TO CR 21; EAST OF
AND ADJACENT TO THE UNION PACIFIC RAILROAD TRACK
Parcel Number: Several
Legal: SECTION 1,TOWNSHIP 10 NORTH, RANGE 67 WEST; AND ALL OF SECTION 35,
TOWNSHIP 11 NORTH, RANGE 67 WEST; W2 SECTION 26, TOWNSHIP 11 NORTH, RANGE 67
WEST; E2 E2 OF SECTION 27,TOWNSHIP 11 NORTH, RANGE 67 WEST 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:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature i ,_'?i ,mac Date 12/. i%Ic3
Agency vision of Water Resources
Weld County Planning Dept 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax
•OF. Colo\ DEPARTMENT OF NATURAL RESOURCES
1� ,, o DIVISION OF WATER RESOURCES
* *
# 1. +w vM� rt John W.Hickenlooper
\ /876* Governor
Mike King
Executive Director
December 30, 2013 Dick Wolfe,P.E.
Director
Kim Ogle
Weld County Planning Services
Transmission via email: koaleeco.weld.co.us
Re: L.G. Everist, Inc.
Case No. USR13-0065
Sec. 1, T10N, R67W; W% of Sec. 26, E% E1/2 of Sec. 27, and all of Sec. 35, T11 N, R67W, 6th P.M.
Water Division 1, Water District 1
Dear Mr. Ogle:
The submitted material does not appear to qualify as a "subdivision" as defined in § 30-28-
101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011
memorandums to county planning directors, this office will only perform a cursory review of the referral
information and provide comments. The comments will not address the adequacy of the water supply plan
for this property or the ability of the water supply plan to satisfy any County regulations or requirements.
The subject application seeks a site development plan and third amended use by special review
(AMUSR-840) for the expansion of an existing transload facility operated by Niobrara Crude Terminal, LLC
on approximately 250 acres in the north half of said Section 35. The transload operations area is one
section of the Carr Gravel Resource, DRMS permit no. M-1988-048.
The proposed loading facility will include a new administration building, storage buildings, a fire
water storage tank, crude oil tanks, industry track, and associated equipment. The site will have
approximately 20 employees working onsite at a time, and is estimated to have approximately 20 deliveries
or contractor visits per day. The facility will operate 24 hours a day, 365 days a year.
There is an existing well (permit no. 286627)that serves the existing administration building. Well
permit no. 286627 allows the withdrawal of up to 1/3 of an acre-foot(108,600 gallons) of water per year for
use in drinking and sanitary facilities in a commercial business. A new well will be constructed to serve the
new administration building. The applicant has obtained well permit no. 293083 for a well to be constructed
in the SW%of the NE%of said Section 35 to withdraw up to 1/3 of an acre-foot (108,600 gallons) of water
per year for use in drinking and sanitary facilities in a commercial business. Based on this office's general
guideline for water demand of 15 gallons per person per day for day workers in an office, the two wells
combined are anticipated to be able to supply water for a maximum of 20 employees working two 12-hours
shifts 365 days per year. Use of the wells to provide water to additional employees or site visitors may result
in the wells exceeding their permitted annual withdrawal limitation. We request that the applicant provide
well meter records for the well with permit no. 286627 to verify that the two wells combined can serve the
proposed number of employees and site visitors without exceeding their permitted annual withdrawal
According to the submittal, an existing non-exempt well owned by the applicant will likely be used to
supply tank hydrostatic test water and to provide the initial fill of the fire water storage tank. The well permit
number or WDID of this well was not identified, therefore this office cannot comment on the compliance of
these proposed uses with the permitted or decreed use of the well. We request that the applicant provide
information about the non-exempt well and how its proposed uses for this application are consistent with
well permit and/or augmentation plan conditions of approval.
Office of the State Engineer
1313 Sherman Street, Suite 818•Denver,CO 80203 • Phone:303-866-3581 • Fax:303-866-3589
www.water.state.co.us
Case No. USR13-0065 Page 2 of 2
December 30, 2013
The requested information and any questions should be directed to Sarah Brucker of this office.
Sincerely,
Tracy L. Kosloff, P.E.
Water Resource Engineer
cc: permit files: 286627, 293083
LG Everist USR13-0065(Weld).Docx
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