HomeMy WebLinkAbout20132637.tiffLAND USE APPLICATION
SUMMARY SHEET
Case Hearing Date: September 3, 2013
Number: USR13-0033
Applicant: Kerr-McGee Oil and Gas OnShore LP
Address: do Elizabeth Smith, 1099 18th Street, Suite 1800, Denver, Colorado 80202
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility
- Saltwater Injection Facility) and one (1) communications tower seventy (70) feet in height in
the A (Agricultural) Zone District.
Legal
Description: Lot A and Lot B of RE -2407 being part of the SE4 of Section 24, Township 2 North, Range 65
West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 18.5 (CR 47.5) and west of and adjacent to County
Road 49
Parcel Number: 1307-24-4-00-033 and 1307-24-4-00-032
Size of Parcel: Lot A: 3.00 acres +/-, Lot B: 36.939 acres +/-
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' has received responses from the following agencies with comments:
Weld County Department of Building Inspection referral dated June 19, 2013
Town of Hudson referral dated June 14, 2013 and July 19, 2013
Weld County Department of Public Health and Environment referral dated July 8, 2013
Weld County Department of Public Works referral dated August 7, 2013
The Department of Planning Services' has received responses from the following agencies without comments:
Weld County Code Compliance referral dated June 10, 2013
State of Colorado, Department of Transportation referral dated July 30, 2013
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Schools RE -3J
Weld County Sheriff's Office
USR13-0033 Kerr-McGee Oil and Gas OnShore LP — Hudson Salt Water Injection Facility, page 1
US Army, Corps of Engineers
Hudson Fire Protection District
Platte Valley Soil Conservation District
Federal Emergency Management Agency
State of Colorado, Division of Parks and Wildlife
Weld County Office of Emergency Management
State of Colorado Department of Public Health and Environment
USR13-0033 Kerr-McGee Oil and Gas OnShore LP — Hudson Salt Water Injection Facility, page 2
Kim Ogle
Planner:
Case
Number: USR13-0033
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: September 3, 2013
Applicant: Kerr-McGee Oil and Gas OnShore LP
Address: do Elizabeth Smith, 1099 18th Street, Suite 1800, Denver, Colorado 80202
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility
- Saltwater Injection Facility) and one (1) communications tower seventy (70) feet in height in
the A (Agricultural) Zone District.
Legal
Description: Lot A and Lot B of RE2407 being part of the SE4 of Section 24, Township 2 North, Range 65
West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 18.5 (CR 47.5) and west of and adjacent to County
Road 49
Parcel Number: 1307-24-4-00-033 and 1307-24-4-00-032
Size of Parcel: Lot A: 3.00 acres +/-, Lot B: 36.939 acres +/-
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-4-140.A. EP.Goal 1.states
"Encourage the minimization of mineral resource exploration and production waste and
require the safe disposal of it;" and EP.Policy 1.1.states "Due to the impacts from surface
impoundments and increasing public concern about them, other alternatives for disposal
should be considered." The proposal is for a Class II Brinewater Injection Well, a seventy
foot communications tower and associated facilities.
Section 22-4-140.B. EP.Goal 2. Mineral resource exploration and production waste facilities
should be planned, located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use, scale, height, traffic, dust, noise
and visual pollution. This proposal has been reviewed by the appropriate referral agencies
USR13-0033 Kerr-McGee Oil and Gas OnShore LP — Hudson Salt Water Injection Facility, page 3
and it has been determined that the attached Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and county.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource
Development Facilities, Oil and Gas Support and Service including a Class II Oilfield Waste
Disposal Facility - Saltwater Injection Facility and Section 23-3-40.L a seventy foot
communications tower as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is bordered by agricultural uses, predominately grazing and
rangelands with sparsely populated residential development. There are 11 property owners
within 500 feet of this proposed facility. There are several residences in the general area with
the nearest residence approximately 1170 feet to the north with the second nearest residence
approximately 1600 feet to the west; all other residences are more than 2000 feet from the
site. Staff has received no letters, telephone calls, electronic mail from adjacent or
surrounding property owners or interested persons. Development Standards and Conditions
of Approval will ensure that this use will be compatible with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within three miles of the Town of Hudson who returned two
referrals dated June 14 and July 19, 2013 respectively stating concerns (June 14) with traffic
and impacts to roads in the community; concerns with overweight vehicles in community; and
the effect of injecting oil field wastes into the ground. The July 19, 2013, referral determined
the proposed facility did not have any conflicts with the Town's interests so long as the facility
was constructed and operated in compliance with the Board of County Commissioners
Resolution. Further the Town supported Weld County's requirement for acceleration,
deceleration lanes and a left turn lane for the intersection of County Road 18.5 and County
Road 49; and the requirements of obtaining an overweight vehicle permit if vehicles exceed
weight limits on Town of Hudson roads.
E. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -wide Road Impact Fee Program.
Building Permits issued on the proposed lots, will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The U.S.D.A. Soils Maps of
Prime Farmlands of Weld County dated 1979 designated the soils on the Salt Water Disposal
Site, as "Other Lands," with land in the far southeast quadrant as "Prime".
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
USR13-0033 Kerr-McGee Oil and Gas OnShore LP — Hudson Salt Water Injection Facility, page 4
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the USR Plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the USR Plat shall be labeled USR13-0033. (Department of Planning
Services)
2. The USR Plat shall be prepared per Section 23-2-26O.D of the Weld County Code.
(Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. County Road 18.5 (CR47.5) is designated on the Weld County Road Classification
Plan as a local gravel road, which requires 60 feet of right-of-way at full build out.
The applicant shall verify the existing right-of-way and the documents creating the
right-of-way and this information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way cannot be verified,
it shall be dedicated. This road is maintained by Weld County. (Department of
Public Works)
5. County Road 49 is designated on the Weld County Road Classification Plan as an
Arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 80 feet of right-of-way. An additional 30 feet shall be delineated on the plat
as future County Road 49 right-of-way. All setbacks shall be measured from the
edge of future right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way and this information shall be noted on the
plat. If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. (Department of Public Works)
6. Delineate the approved access on the plat and label with the approved access permit
number (will be provided). (Department of Public Works)
7. The applicant shall delineate and label the floodplain and floodway (if applicable)
boundaries on the plat. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number. (Department of Public Works)
8. The applicant shall delineate the "Seventy (70) foot Fall Zone for the
Communications Tower". (Department of Planning Services)
9. The application materials did not include a Lighting Plan. Should exterior lighting be
a part of this facility, all light standards shall be delineated on the USR Plat.
(Department of Planning Services)
B. An accepted Final Drainage Report stamped and signed by a Professional Engineer
registered in the State of Colorado is required. (Department of Public Works)
C. An improvements and road maintenance agreement for offsite improvements and road
maintenance are required for this site. Required offsite improvements include: paving CR
18.5 (CR 47.5) from CR 49 to the project access, constructing a left deceleration lane and
right acceleration and deceleration lanes on CR 49. Road maintenance includes damage
repair. (Department of Public Works)
D. The applicant shall file an Air Pollution Emissions Notice (APEN) with the Air Pollution Control
Division, Colorado Department of Public Health and Environment. Evidence of such shall be
USR13-0033 Kerr-McGee Oil and Gas OnShore LP — Hudson Salt Water Injection Facility, page 5
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
E. The applicant shall submit a Groundwater Monitoring Plan to the Weld County Health
Department of Public Health and Environment for review and approval. Evidence of
Department approval shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
F. The applicant shall submit a Waste Handling Plan to the Weld County Health Department of
Public Health and Environment for review and approval. Evidence of Department approval
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
G. The facility shall post financial assurance with the Colorado Oil and Gas Conservation
Commission (COGCC). The financial assurance shall be adequate to cover a third -party
closure of the facility, including the plugging and abandonment of the well, in accordance with
industry standards, and the removal of all structures (including concrete) on the facility. The
site shall be returned to its original grade. The facility shall submit evidence to the Weld
County Department of Public Health and Environment (WCDPHE) that the appropriate
financial assurance has been obtained. (Department of Public Health and Environment)
H. A Detailed Closure Plan shall be submitted to the Weld County Department of Public Health
and Environment and the Colorado Oil and Gas Conservation Commission. The Closure
Plan shall include a description of the manner in which the well will be plugged and
abandoned, as well as specific details regarding reclamation of the property. No structures or
equipment associated with the facility shall remain on the property following closure.
(Department of Public Health and Environment)
A detailed Decommissioning plan for the Communications Tower. (Department of Planning
Services)
J. The applicant shall submit two (2) paper copies of the plat or one electronic copy of the same
for preliminary approval to the Weld County Department of Planning Services. (Department of
Planning Services)
2. Upon completion of Condition of Approval No.1. above, the applicant shall submit a Mylar plat along
with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in
the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat
shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners approval was signed a $50.00 recording continuance charge may be added for each
additional 3 month period. (Department of Planning Services)
5. Prior to the Release of Building Permits:
USR13-0033 Kerr-McGee Oil and Gas OnShore LP — Hudson Salt Water Injection Facility, page 6
A. The applicant shall submit detailed plans for a concrete unloading pad for approval. A leak
detection system shall be designed and installed beneath the concrete unloading pad(s) and
sump(s). Plans shall be submitted to and approved by the Weld County Department of Public
Health and Environment. Written evidence of the Department of the Weld County
Department of Public Health and Environment approval of the concrete unloading pad and
leak detection design shall be provided to the Department of Planning Services. (Department
of Public Health and Environment)
B. The applicant shall submit detailed plans for the concrete secondary containment structure
for all storage and processing tanks shall be submitted for approval. Secondary containment
volume shall provide containment for the entire contents of the largest single tank plus
sufficient freeboard to allow for precipitation. The Weld County Department of Public Health
and Environment will consider structures other than concrete, provided a Colorado
Registered Professional Engineer provides a certification indicating that the proposed
alternate containment system meets, or exceeds, the function of a concrete system with
regard to containment, spills, and unintended releases. Written evidence of the Department
of the Weld County Department of Public Health and Environment approval shall be provided
to the Department of Planning Services. (Department of Public Health and Environment)
6. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
B. Right of way permit is required for any work within the public right of way. (Department of
Public Works)
C. Special transport permit is required for any over size or over weight vehicles. (Department of
Public Works)
7. Prior to Operation:
A. Accepted construction drawings for the offsite roadway improvements are required prior to
operation. (Department of Public Works)
B. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
USR13-0033 Kerr-McGee Oil and Gas OnShore LP — Hudson Salt Water Injection Facility, page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr-McGee Oil and Gas OnShore, LP
Hudson Salt Water Injection Facility
USR13-0033
1. The Site Specific Development Plan and Special Review Permit, USR13-0033, for Mineral
Resource Development Facilities, Oil and Gas Support Facility (Class II Oilfield Waste
Disposal Facility - Saltwater Injection Facility) and one (1) communications tower seventy (70)
feet in height in the A (Agricultural) Zone District, as indicated in the application materials on
file and subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. No disposal of waste other than produced and flowback wastewater from wells operated by
the injection well operator are permitted. Any changes from this approved use may require
an amendment to this Special Use Permit. (Department of Public Health and Environment)
4. Analytical data on wastes and environmental monitoring data shall be made available to Weld
County Department of Public Health and Environment, who reserves the right to require
additional more extensive monitoring. (Department of Public Health and Environment)
5. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. Portable containment, such as drip pans, shall be utilized when
working outside containment areas. (Department of Public Health and Environment)
6. All liquid waste received at the facility shall be unloaded on the concrete unloading pad. The
unloading pad and leak detection system shall be constructed and operated in accordance
with the approved design. The unloading pad shall be cleaned at a frequently that prevents
oil and other waste from building up on the pad. During winter months the pad shall be
maintained free of ice. (Department of Public Health and Environment)
7. Any required Spill Prevention Control and Countermeasures Plan (SPCC) shall be prepared
and maintained on site pr 40 CFR 112. (Department of Public Health and Environment)
8. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
9. The maximum permissible noise level shall not exceed 70 dBA measured in accordance with
Section 25-12-103 CRS. (Department of Public Health and Environment)
10. Fugitive particulate emissions (dust) shall be controlled on this site. (Department of Public
Health and Environment)
11. The facility shall comply with Colorado Air Quality Control Commission Regulations and any
air permits issued by the Colorado Department of Public Health and Environment, Air
Pollution Control Division. (Department of Public Health and Environment)
12. 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, treated, and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
USR13-0033 Kerr-McGee Oil and Gas OnShore LP — Hudson Salt Water Injection Facility, page 8
13. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance
with all applicable rules and regulations. (Department of Public Health and Environment)
14. The facility shall comply with the approved groundwater monitoring plan. (Department of
Public Health and Environment)
15. All storm water, which has come into contact with waste materials on the site, shall be
confined on the site. (Department of Public Health and Environment)
16. Portable toilets may be utilized and shall be maintained in a sanitary condition. (Department
of Public Health and Environment)
17. The property owner or operator shall provide written evidence of an Emergency Action and
Safety Plan on or before March 1st of any given year signed by representatives for the Fire
District and the Weld County Office of Emergency Management to the Department of
Planning Services. (Department of Planning Services)
18. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private streets.
No colored lights may be used which may be confused with, or construed as, traffic control
devices. (Department of Planning Services)
19. The property owner or tower owner shall allow for co -location on the communication tower
located on site per Section 23-4-830.C of the Weld County Code. (Department of Planning
Services)
20. 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 Chapter 15, Articles I and II, of the Weld County Code.
(Department of Public Works)
21. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
22. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
23. There shall be no parking or staging of vehicles on County roads. On -site parking shall be
utilized. (Department of Public Works)
24. All construction or improvements occurring in the floodplain as delineated on Federal
Emergency Management Agency FIRM Community Panel Map #080266 0900C dated
September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of
Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. (Department of
Public Works)
25. Flood hazard development permits are required for development activities located within the
FEMA mapped Jim Creek Floodplain. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including by not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage
of equipment and materials. (Department of Public Works)
USR13-0033 Kerr-McGee Oil and Gas OnShore LP — Hudson Salt Water Injection Facility, page 9
26. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Public Works)
27. Any lighting, including light from high temperature processes such as welding or combustion,
shall be designed, located and operated in such as manner as to meet the following
standards: sources of light shall be shielded so that beams or rays of light will not shine
directly onto adjacent properties; neither the direct nor reflected light from any light source
may create a traffic hazard to operators of motor vehicles on public or private streets; and no
colored lights may be used which may be confused with or construed as traffic control
devices. (Department of Planning Services)
28. Hours of operation are twenty-four (24) hours each day, seven (7) days per week -365 days
per year. (Department of Planning Services)
29. Buildings, equipment 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: 2006 International Energy Code; 2012 International Fuel Gas
Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of
the Weld County Code. (Department of Building Inspection)
30. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -wide Road Impact Fee Program and the County Facility Fee and Drainage Impact
Fee Program. (Department of Planning Services)
31. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240, Weld County Code. (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code. (Department of Planning Services)
33. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations. (Department of Planning Services)
34. The Use by Special Review area shall be limited to the plans shown hereon and governed by
the foregoing standards and all applicable Weld County regulations. Substantial changes
from the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services. (Department of Planning
Services)
35. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
(Department of Planning Services)
36. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the
country in total market value of agricultural products sold. The rural areas of Weld County
may be open and spacious, but they are intensively used for agriculture. Persons moving
into a rural area must recognize and accept there are drawbacks, including conflicts with
USR13-0033 Kerr-McGee Oil and Gas OnShore LP — Hudson Salt Water Injection Facility, page 10
long-standing agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open
views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and
way of life. Without neighboring farms, those features which attract urban dwellers to rural
Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well -
run agricultural activities will generate off -site impacts, including noise from tractors and
equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal
hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the
use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of
residential development. When moving to the County, property owners and residents must
realize they cannot take water from irrigation ditches, lakes, or other structures, unless they
have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and County roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the County, and the distances which must
be traveled may delay all emergency responses, including law enforcement, ambulance, and
fire. Fire protection is usually provided by volunteers who must leave their jobs and families
to respond to emergencies. County gravel roads, no matter how often they are bladed, will
not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial
farm dogs and livestock, and open burning present real threats. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood.
USR13-0033 Kerr-McGee Oil and Gas OnShore LP — Hudson Salt Water Injection Facility, page 11
August 13, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
SMITH ELIZABETH
1099 18TH STREET
DENVER, CO 80202
Subject: USR13-0033 - SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND SERVICE (CLASS II
OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) AND ONE 70 FOOT
IN HEIGHT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
LOTS A AND B REC EXEMPT RE -2407 PT SE4 SECTION 24, T2N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 3, 2013, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 25,
2013 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.oft'
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.08.13 09:56:13 -06'00'
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
June 10, 2013
SMITH ELIZABETH
KERR MCGEE OIL AND GAS ONSHORE LP
1099 18TH STREET
DENVER, CO 80202
Subject: USR13-0033 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE
(CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
PT SE4 SECTION 24, T2N, R65W LOTS A AND B REC EXEMPT RE -2407 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s) for their review and comments:
Hudson at Phone Number 303-536-9311
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.06.10 11:39:09 -06'00'
Kim Ogle
Planner
FIELD CHECK Inspection Date: August 15, 2013
Case Number: USR13-0033
Applicant: Kerr-McGee Oil and Gas OnShore LP
Address: do Elizabeth Smith, 1099 18th Street, Suite 1800, Denver, Colorado 80202
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support Facility (Class II Oilfield Waste Disposal
Facility - Saltwater Injection Facility) and one (1) communications tower seventy (70) feet
in height in the A (Agricultural) Zone District.
Legal
Description: Lot A and Lot B of RE -2407 being part of the SE4 of Section 24, Township 2 North,
Range 65 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 18.5 (CR 47.5) and west of and adjacent to
County Road 49
Parcel Number: 1307-24-4-00-033 and 1307-24-4-00-032
Zoning
Land Use
N
Agriculture
N
Single Family Residence on large tract parcel with a single
493 foot in height guyed comm. Tower owned by Crown
Castle and leased through 2017. Property is not in active
production and consists of grasses as in an old field
E
Agriculture
E
Agricultural Production, Well head and Tank batteries
S
Agriculture
S
Floodplain and grazing lands
W
Agriculture
W
Town of Hudson Sanitary Treatment plant
The site is bordered by agricultural uses, predominately grazing and rangelands with sparsely populated
residential development. County Road 18.5 is a local gravel road that has no outlet. The property has a
single wide mobile home on site, several outbuildings, a garage and pens for small livestock. The current
condition has components of a non-commercial junkyard that is being addressed by Kerr-McGee. This
activity will result in a clean site for the proposed injection well and disposal site construction.
Adjacent to this property to the north is a guyed communications tower, permitted under USR-1143. The
Tower's fall zone is outside of public rights -of -way and falls within the property boundary.
The site is located within three miles of the Town of Hudson and the Town boundary is located
immediately to the South and west of this proposed development
Signature
❑ Outbuilding(s) — currently being removed
❑ Wetlands ❑ Oil & Gas Structures
❑ Water Bodies —Jim Crow Creek ❑ Topography — steep to South
Hello