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Home My WebLink About20132468.tiffPlanner: Case Number: Applicant: Representative: Request: Legal Description Location: Size of Parcel: Parcel Number: LAND USE APPLICATION SUMMARY SHEET C. Gathman USR13-0037 Hearing Date: August 20, 2013 Kenneth Everitt Lin Leeburg — Leeburg & Associates — 707 Hawthorn Avenue, Boulder, CO 80304 A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (water depot) in the A(Agricultural) Zone District. E2SE4 of Section 31, Township 12 North, Range 59 West of the 6th PM, Weld County, Colorado West of and adjacent to County Road 111 and east and north of the intersection of County Road 111 and County Road 134 80 Acres (USR Operations Area: approximately 2 acres) 0035 31 000003 (Note: A quit claim deed was recorded on 4/1/2013 describing the E2SW4. The assessor's parcel map has not yet been revised to reflect this change) POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: Weld County Department of Building Inspection, referral received July 11, 2013 Weld County Code Compliance, referral received June 14, 2013 Laramie County (WY), referral received June 18, 2013 With Comments: Weld County Department of Public Health & Environment, referral received June 13, 2013 Weld County Department of Public Works, referral received July 10, 2013 Colorado Division of Water Resources, referral received July 1, 2013 West Greeley Soil Conservation District, referral received June 17, 2013 The following agencies have not responded: Weld County Sheriff's Office Colorado Parks & Wildlife Pawnee Fire Protection District USR13-0037, Everitt, Page 1 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: C. Gathman Case Number: USR13-0037 Hearing Date: August 20, 2013 Applicant: Kenneth Everitt Representative: Lin Leeburg — Leeburg & Associates — 707 Hawthorn Avenue, Boulder, CO 80304 Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (water depot) in the A(Agricultural) Zone District. Legal Description: E2SE4 of Section 31, Township 12 North, Range 59 West of the 6th PM, Weld County, Colorado Location: West of and adjacent to County Road 111 and east and north of the intersection of County Road 111 and County Road 134 Size of Parcel: 80 Acres (USR Site: approximately 2 acres) Parcel Number: 003531000003 (Note: A quit claim deed was recorded on 4/1/2013 describing the E2SW4. The assessor's parcel map has not yet been revised to reflect this change) Application Description: The applicant is proposing to install a water depot facility with up to twenty (20) 20,000 gallon water storage tanks. The applicant is proposing a 24 -hour, 365 -days a year operation and estimate a maximum of 200 daily round trip truck trips to the site. The application indicates/anticipates that trucks will arrive/disburse from the site equally to the north (on County Road 111), to the south (on County Road 111), and to the east (on County Road 134). The facility will have no onsite employees. 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 22-2-20.C 3. A.Policy 3.3. Land use regulations should consider the traditional and future operational viability of water -delivery infrastructure when applications for proposed land use changes are considered. USR13-0037, Everitt, Page 2 Section 22-2-20.G A.Policy 7.2. Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region. Section 22-2-80 C. I.Goal 3. Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments." Section 22-2-80 D. I.Goal 4. All new industrial development should pay its own way. 1. I.Policy 4.1. New development should pay for the additional costs associated with those services directly impacted by the new industrial development. Section 22-4-30.A. WA.Goal 1. Support the development of water that is put to beneficial use, along with associated infrastructure. Section 22-5-100 A. OG.Goal 1. Promote the reasonable and orderly exploration and development of oil and gas mineral resources. Section 22-6-20.C.1 ECON Policy 3.1 1. ECON.Policy 3.1. County activities and regulation should protect the rights of private property owners and the public health, safety and welfare, recognizing that these basic rights and protections allow the free market to prosper and grow the local economy. The site is located in a rural area. The nearest residence is located approximately 1 mile to the north of the proposed facility. There are a number of conditions of approval and development standards to mitigate and minimize the impacts of this facility. The Department of Planning Services is requiring a lighting plan, the Department of Environmental Health is requiring a development standard is proposed that requires the applicant to adhere to the non -specified noise standard (55 decibels from 7:00 AM to 9:00 PM and 50 decibels from 9:00 PM to 7:00 AM), and an Offsite Road Maintenance and Improvements agreement is being required by the Department of Public Works to address road maintenance and road damage caused by the operation and road improvements. 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 of the Weld County Code allows Mineral Resource Development Facilities including an Oil and Gas Support and Service Facilities (water depots) 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 nearest residence is located approximately 1 mile to the north of the proposed facility. Agricultural land (dryland and irrigated cropland) is located to the north, east and south of the site. A portion of the Cedar Creek wind farm facility (approved under USR-1563) is located to the west of the site. A number of Development Standards and Conditions of Approval are proposed including a lighting plan, a noise standard and Offsite Road Maintenance and Improvements Agreement to ensure compatibility with existing 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 not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. USR13-0037, Everitt, Page 3 E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Program. 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 proposed USR property designated as "Prime", "Other" and undefined according to the Prime and Important Farmlands Map of Weld and Larimer Counties. The proposed water depot site will encompass a little more than two acres at the southeastern corner of the property. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The attached conditions of approval and development standards will ensure that there are adequate provisions for the protection of the 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. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the proposed use. (Department of Public Health and Environment) B. The applicant shall attempt to address the recommendations of the West Greeley Soil Conservation District as stated in their referral June 17, 2013. (West Greeley Soil Conservation District) C. An off -site Improvements and Road Maintenance Agreement will be required. Road maintenance (Haul Route) including dust control, road damage repair, and triggers for improvements will be included. (Department of Public Works) D. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. (Department of Planning Services) E. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR13-0037 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) USR13-0037, Everitt, Page 4 4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent properties and public rights -of -way. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. (Department of Planning Services) 5. County Road 111 and County Road 136 are designated on the Weld County Road Classification Plan as local gravel road, which requires 60 (sixty) feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. 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. These roads are maintained by Weld County. (Department of Public Works) 6. The plat shall delineate the approved Lighting Plan. (Department of Planning Services) 7. Show the approved access point on the Plat and label it with the Access Permit number (AP13-00252). (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat 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 the Department of Planning Services. 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. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). 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) 5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) USR13-0037, Everitt, Page 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Kenneth Everitt USR13-0037 1. A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (water depot) in the A(Agricultural) Zone District. (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. This is an unmanned facility. (Department of Planning Services) 4. The hours of operations shall be 24 hours a day, 365 days a year. (Department of Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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. (Department of Public Health and Environment) 6. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 8. 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. (Department of Public Health and Environment) 9. This facility shall adhere to the maximum permissible noise levels allowed in the Non Specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day portable toilets 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. (Department of Public Health and Environment) 11. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh water spills should be captured in above -ground containment areas for reuse or allowed to infiltrate. There shall be no discharge from this process to surface waters or through the facility's stormwater management system, in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) USR13-0037, Everitt, Page 6 12. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. (Department of Public Health and Environment) 15. 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) 16. The Lighting on the site shall be maintained in accordance with the approved Lighting Plan. (Department of Planning Services) 17. 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. (Department of Public Works) 18. The historical flow patterns and run-off amounts will be maintained on site. (Department of Public Works) 19. The maximum number of proposed trucks utilizing the site is 200 roundtrips per day. If the number of trucks exceeds this maximum, the Improvements and Road Maintenance Agreement may be revised and additional improvements may be required to mitigate the additional impact to the haul route. (Department of Public Works) 21. There shall be no parking or staging of vehicles on County Roads. (Department of Public Works) 22. Weld County is not responsible for the maintenance of drainage related features. (Department of Public Works) 23. Building Permits issued on the lot will be required to adhere to the fee structure of the County - Wide Road Impact Fee Program. (Ordinance 2011-2) 24. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. (Ordinance 2011-2) 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 27. 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. 28. 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. 29. 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. USR13-0037, Everitt, Page 7 30. 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 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, sandburs, 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. USR13-0037, Everitt, Page 8 July 23, 2013 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 LEEBURG LINN 707 HAWTHORN AVE BOULDER, CO 80304 Subject: USR13-0037 - A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (water depot) in the A(Agricultural) Zone District. On parcel(s) of land described as: ALL SECTION 31, T12N, R59W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 20, 2013, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September 4, 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 vww.weIdcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner Digitally signed by Kristine Ranslem Reason:l am the author of this document Date: 2013.07.23 08:49:09 -06'00' DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 June 13, 2013 LEEBURG LINN 707 HAWTHORN AVE BOULDER, CO 80304 Subject: USR13-0037 - A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (water depot) in the A(Agricultural) Zone District. On parcel(s) of land described as: ALL SECTION 31, T12N, R59W 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. If you have any questions concerning this matter, please call. Respectfully, /{" Chris Gathman Planner Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2013.06.13 13:21:33 -06'00' From: To: Cc: Subject: Date: vieeburc@Qmail.com on behalf of Linn & Verlene Chris Gathman Linn & Verlene; Kennv2353; Kurt Rollin; Carrie da Silva; Donald Carroll.; Mary Evett Re: USR13-0037 Monday, August 19, 2013 11:02:27 AM Chris; These 24/7 operations are prevalent all over the County and off various Cities' hydrants' This Depot would likely serve several water haulers, but essentially all haulers have integral rear "down -lights" on the trucks which safely light the connections and equipment. A very small sign might make sense, but regardless, the haulers can find about any location and this will be obvious at the CR134/111 intersection. Recently approved USR's 11-0014, 11-0019, 12-0027 and 12-0065 are essentially the same as this one and none have or will have lighting. Thanks Linn On Mon, Aug 19, 2013 at 10:38 AM, Chris Gathman <cgathmanChco.wel > wrote: Dear Lin, I have dealt with this before on another 24/7 operation: Given that this is a 24/7 facility I think at a minimum you should address how the site will operate during nighttime hours: Are vehicles accessing the site providing their own lighting to hook up to? Is there lighting on the components/metering equipment that is visible at night? Are the users of the facility under one company that knows the location of the facility or are there outside contractors who will be coming to the s to and may not be as familiar with the location? (Will there be reflectors or some kind of indication of the facility location?) Sincerely, Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: 1970)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. From: v eeburgCatJgmai .com [mailto:v eeburgca1gmai .com] On Behalf Of Linn & Verlene Sent: Monday, August 19, 2013 9:19 AM To: Chris Gathman Cc: Kenny2353; Kurt Rollin; Carrie da Silva Subject: USR13-0037 Chris: A minor item: Staff Recommendations mention a Lighting Plan. No lighting was proposed in the Application and none is planned. Thank you Linn From: liteardlthailt To: CbdriggibEOM Subject Re: Poston Well Permit Date: Monday, August 19, 2013 9:38:04 PM Chris. I do intend to use the water that is not used by the oil and gas industry to irrigate the land where the pivot is currently located. The depot will be located on land that is currently dry farm land and an area that is planted to crested wheat grass. Kenny Original Message From: Chris Gathman To: jcenny2353©wigginstel.com Sent: Monday, August 19. 2013 7:52 AM Subject: FW: Poston Well Permit Dear Ken, I was just following up with Mr. Jones' response below. Do you still ntend to irrigate on the remainder of the parcel where the depot will not be located? Sincerely, 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 concern ng the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: David Jones Imailto:david@Ijcglaw.comI Sent: Thursday, August 15, 2013 11:08 AM To: Chris Gathman Cc: 'Kenneth Everitt'; Verlene Leeburg Subject: Poston Well Permit Hello Chris, We are anticipating and expect the new well permit to be issued for the same volume as the irrigation use. You are correct that there will be very little if any recharge under the new use- However, we are just adding the new use and the well can still be used for irrigation so to the extent that it is there will be recharge as under the previous use. My assumption is that any continued irrigation will be on the larger parcel and not on the parcel where the depot will be, although Kenny can better answer that for you. Let me know if you have additional questions. Regards, David David P. Jones Lawrence Jones Custer Grasmick LIP 5245 Ronald Reagan Blvd., Suite 1 Johnstown, CO 80534 Tele: 970.622.8181 www Gcglow corn SPECIAL NOTE TO CLIENTS: If you or your organization is a client of this firm and this electronic mail message is directed to you, please DO NOT FORWARD this transmission to any other party. Strict confidentiality is necessary with respect to our communications in order to maintain applicable privileges. Thank you. CONFIDENTIALITY NOTICE This message is confidential and may be privileged. If you believe that this e-mail has been sent to you in error, please (1) do not open any attachments, (2) reply to me that you might have received this message in error, and (3) delete this e-mail. Thank you. From: Chris Gathman <cgathmangaco.weld.co.us> Date: August 14, 2013, 3:28:24 PM MDT To: Verlene Leeburg <vleeburgecomcast net>, Verlene Leeburg <vleeburgagmail corn> Subject: Another question on the well/water use question Lin, I had a question that may resolve/address the questions brought up by Fangmeier since the well is still pending: Is the amount of water usage/allowance for the water depot proposed to be the same level/amount as the irrigation well? (The one difference being I assume that there is little to no recharge for a water depot vs irrigation) Let me know. 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 Statement: This email and any accompanying documents contain information which is attorney privileged, confidential and intended only for the use of the above -named recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, printing or copying of this message is strictly prohibited. If you have received this message in error, please notify us by telephone or return the email message to us. Thank you. From Dioedit n To: yn Cc 9ttntetlt event^ Subject RE- Poston Well Permit 0�1rte Thursday. August 15, 2013 11:2154 AM Chris. Ihere is a water court case pending and the State Engineer will not issue a per nit until it is concluded. I am expecting action from the court within the next few weeks. Once the Court rules. obtaining the permit will be a formality and should be issued fairly quickly by the state. At this point, I think we will have things wrapped up and a permit issued by the end of September. I will of course let Kenny know if things change. David David P. Jones Lawrence Jones Custer Grasmick RP 5245 Ruruld Reag.ui Blvd., 'sully 1 toimstown, CO 80534 Tele: 970.622.8181 witaazifawson SPECIAL. NOTE TO CLIENTS. If you or your oiganiiation is a china of this fine and this ch'cttanic mail message is directed to you. please DO NOT FORWARD this nansurisston to any other party. Strict confidentiality is uecessaty with respect to our conuminicatiotLs in order 10 maintain applicable privileges. Thank you. CONFIDENTIALITY NOTICE This message is confidential and may be piivilegai . If you believe that this e•tttad las teen ion to you in error. please (I) do In cyxu urs ana.1a1N7ds. (2) reply to ine that you might have received this message nn enrol. awl (3) delete this e-mail. '!lank you From: Owls Gathnan [maitto:cgathman@co.weld.co.us] Sent: Thursday, August 15, 2013 11:16 AM To: David Jones Subject RE: Poston Well Permit Thank you David. One of the questions that has come up and may coma up in hearings is when there will be a decision to proceed with permitting the well. Do you have any ideas as to when you anticipate a decision on this? Silk erely, r hr is Gat lunan Planner in Weld County Department of Planting Services 1555 N. 17th Avenue, Greeley CO. S0631 Ph: (9/0j ei i•1)100 evt Y,31 Fax (970)304i498 c in ;dot it Not k e: Ibis e•I.•ctronic transmission and any attached docurnerstsor other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherw.se protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication, Arty disclosure, copying, distribution or the taking of any action concerning the contents of the. I ommunication or arty attachments by anyone other than lib, named recipient is strictly prohibited. From: David Jones [m jto:davidtTlfcglaw coin] Sent: Thursday, August 15, 2013 11:08 AM To: Chris Gathman Cc: 'Kenneth Everitt'; Verlene Leeburg Subject: Poston Well Permit Hello Chris, We are anticipating and expect the new well permit to be issued for the same volume es the itfigetun use. You ate curl ect that their will be very little d arty recharge under the new use. However, we are just adding the new use and the Nell can still be used for irrigation so to the extent that it is there will be recharge as under the previous use. My assumption is that any continued irrigation will he on the larger parcel and riot on the parcel where the depot will he, although Kenny can better answer that for you. Let me know if you have additional questions. Regards, David David P. Jones Lawrence Jones Custer Grasmick LLP 5245 Ronald Reagan Blvd.. Suite I lohnstnwn. (.080534 Tele: 970.622.6181 wW W J(cglaw corn SPECIAL N( )1E TO CLIENTS: If you or your organization is a cheat of this freer and this electronic mail message is dircctnl to you. please IX) NOT FORWARD this transmission to any other patty Strict confulentialey is necessary with respect to 0,u coumnuncatunn nr eider to maintain applicable privileges. [hank you. CONFIDENTIALITY NOTICE Thua message is confidential and may be privileged If von believe that this e-mail has been sent to you in error. please (I) do not open any attachments. (?I telly to me that you might have received this message in error. and (3) delete this e-mail thank you. From: Chris Gathman <cgaIhniart@oo weld co us> Date: August 14. 2013. 3:2824 PM MDT To: Verlene Leeburg <vleeburn®comcast net> Verlene Leeburg <vleeburg@gmaitconl> Subject: Another question on the welltwater use question I had a question that may resolve/address the questions brought up by Fangmeier since the well is still pending: Is the amount of water usage/allowance for the water depot proposed to be the same level/amount as the irrigation well? (The one difference being I assume that there is little to no recharge (or a water depot vs. irrigation). Let me know. Thanks! Chris Gathman Manner III Weld County Department of Planning Seivkes 1555 N. 1/th Avenue, Greeley (0.80631 Ph: (970) 353 6100 nxt 3S 31 lair (970)304 6498 Confidentiality Statement: This email and any accompanying documents contain information which is attorney privileged, confidential and intended only for the use of the above -named recipient. If the reader of this message is not the intended recipient. you are hereby nntilied that any dissemination, distribution. printing or copying of this message is strictly prohibited. If you have received this message in error. please notify us by telephone or return the email message to us. Thank you. Confidentiality Statement: This email and any accompanying documents contain information which is attorney privileged, confidential and intended only for the use of the above -named recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, printing or copying of this message is strictly prohibited. If you have received this message in error, please notify us by telephone or return the email message to us. Thank you. From: GadQinkisees To: OtisGatbman Cc: °Kenneth Fyne' yertrs,eItNtirn subject Poston Wed Permit Date: Thursday, Augtat IS. 2013 11:04.03 AM Hello r. la is, We are anticipating and expect the new well permit to be issued for the same volume as the irrigation use. You are cunc'ct that there will be very little if arty recharge under the new use. However, we are lust adding the new use and the well can still be used for irrigation so to the extent that it is there will be recharge as under the previous use. My assumption is that any continued irrigation will be on the larger pane! and not an the parcel where the depot will be, although Kenny can better answer that for you. let me know if you have additional questions. Regards. David David P. Jones Lawrence Jones Custer Grasmick LLP 5245 Ronald Reagan Blvd.. Suite 1 Johnstown, TO 84Th i4 Tele: 970.622.8181 www Ucglay.corn SPECIAl. NOTE TO CLIENTS• It'you Of your axrgpmiatwtn is a Ghent of this firm and this electronic mail message is directed to volt, please IX) NOT ft1RWAEtI) tins trammission to am odic; rail!. Strict cariiakcnhality ►s ueccs.mv with wgx'vl to our ctauunmwcatrous nn ortkr to maintain applicable ptivilegcs. Thank you. ('ONPIDENTI. I.ITI" NOTICE: this message is confidential and may tie titisik _ed. If you believe that this c -s n.iil Ina+ been :ent to you in error. please (I) do not open any attachments. (2) reply to ate that von nuglu hate received this message in nut. and ( :1 fickle this c -nail I !rink von From: Chris Gathman <cgathman4loo.weld.co.us> Date: August 14. 2013. 3.28 24 PM MDT To: Verlene Leeburg <vleeburg@comrct net>. Verlene Leeburg :vleeburq©©gmail.com= Subject: Another question on the wslllwater use question Lin, I had a question that may resolve/address the questions brought up by I angmeier since the well is still pending: Is the amount of water usage/allowance for the water depot proposed to be the same level/amount as the irrigation well? (the one difference being I assume that there is little to no recharge for a water depot vs. irrigation). Let me know. I hanks! Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (9/0)353.6100 ext 353/ lax: (970)304-6498 Confidentiality Statement: This email and any accompanying documents contain information which is attorney privileged, confidential and intended only for the use of the above -named recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, printing or copying of this message is strictly prohibited. If you have received this message in error, please notify us by telephone or return the email message to us. Thank you. FIELD CHECK inspection dates: 8/7/2013 APPLICANT: Kenneth Everitt CASE #: USR13-0037 REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (water depot) in the A(Agricultural) Zone District. LEGAL: E2SE4 of Section 31, Township 12 North, Range 59 West of the 6th PM, Weld County, Colorado LOCATION: West of and adjacent to County Road 111 and east and north of the intersection of County Road 111 and County Road 134. PARCEL ID #: 0035 31 000003 ACRES: +/- 80 acres Zoning Land Use N A N Ag Land (Dryland crop) E A E Ag Land (Dryland crop) S A S Ag Land (Dryland crop) W A W Ag Land/Wind Farm Facility COMMENTS: Vacant irrigated parcel in crop. c Chris Gathman - Planner Ill Hello