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HomeMy WebLinkAbout20131783.tiffWELD COUNTY u LAND USE APPLICATION SUMMARY SHEET Planner: Kim Ogle Case Number: USR13-0022 Applicant: Noble Energy, Inc 1625 Broadway Street, Denver, Colorado 80202 Representative: Vince Harris, Baseline Corporation 700 12th Street, Suite 220, Golden, Colorado 80401 Hearing Date: July 2, 2013 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including Oil and Gas Support and Service including storage of pipe and production equipment, and any LNG use permitted as a use by right, accessory use or use by special review in the commercial or industrial zone district; and a truck parking area in the A (Agricultural) Zone District Legal Description: Lot B RECX12-0069 being part of the W2NW4 and E2 NW4 of Section 26, T6N, R64W of the 6th P.M., Weld County Colorado Location: South of and adjacent to County Road 66 Section Line, East of and adjacent to County Road 57, North of and adjacent to County Road 64.5 Size of Parcel: 86.63 Acres +/- Parcel No. 0801-26-2-0-00-009 and Parcel No. 0801-26-2-0-00-008 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' staff has received referral responses with comments from the following agencies: Weld County Department of Public Health and Environment referral dated April 22, 2013 Weld County Department of Public Works referral dated May 16, 2013 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Weld County Zoning Compliance referral dated April 18, 2013 West Greeley Soil Conservation District referral dated April 22, 2013 Platte Valley Weld Fire Protection District referral dated April 23, 2013 State of Colorado, Division of Water Resources referral dated May 13, 2013 The Department of Planning Services' staff has not received responses from the following agencies: North Weld County Water District Weld County Sheriff's Office NOBLE ENERGY, INC. - GILL LAYDOWN YARD. USR13-0022, page 1 Weld County Department of Building Inspection Colorado Department of Transportation Colorado Parks and Wildlife NOBLE ENERGY, INC. - GILL LAYDOWN YARD. USR13-0022, page 2 WELD —COUNTY SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Kim Ogle Case Number: USR13-0022 Applicant: Noble Energy, Inc 1625 Broadway Street, Denver, Colorado 80202 Representative: Vince Harris, Baseline Corporation 700 12th Street, Suite 220, Golden, Colorado 80401 Hearing Date: July 2, 2013 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including Oil and Gas Support and Service including storage of pipe and production equipment, and any LNG use permitted as a use by right, accessory use or use by special review in the commercial or industrial zone district; and a truck parking area in the A (Agricultural) Zone District Legal Description: Lot B RECX12-0069 being part of the W2NW4 and E2 NW4 of Section 26, T6N, R64W of the 6th P.M., Weld County Colorado Location: South of and adjacent to County Road 66 Section Line, East of and adjacent to County Road 57, North of and adjacent to County Road 64.5 Size of Parcel: 86.63 Acres +/- Parcel No. 0801-26-2-0-00-009 and Parcel No. 0801-26-2-0-00-008 SUMMARY OF USE: Noble Energy operates approximately 7,800 oil and gas wells in the Denver-Julesberg (DJ) Basin with the vast majority being located in Weld County, Colorado. In addition, Noble operates numerous production facilities associated with these wells. To support this current inventory of existing wells, and the addition of new wells that are drilled each year, Noble needs an adequate storage yard for the receiving, storage and dispatching of oil and gas related surface equipment. The Noble Energy — Gill Storage Yard will be receiving, storing and dispatching of equipment including production tanks, water pits, separators, treaters, pumping units, meter houses, stairs, landings, emission control devices (burners and compressors), facility containment rings and other miscellaneous equipment for delivery to oil and gas production facilities. In addition, a liquid -natural gas (LNG) mobile fueling station will also be located on site. This facility will be maintained and operated by Encana Natural Gas Inc. for Noble. The mobile fueling station will be parked on site and not moved until it is no longer required for service. Encana Natural Gas Inc. estimates 25 trucks will utilize the facility for fueling daily with the facility operating 24 hours a day seven (7) days a week. Separate truck parking will be provided near the access point for this facility. The access road for both the storage yard and the LNG fueling station will be from County Road 57. The proposed access will be 50 -foot wide with 65 -foot turning radii. The facility is proposed to operate 24 hours — 7 days a week and will be utilized by Noble Energy and their contractors only. NOBLE ENERGY, INC. - GILL LAYDOWN YARD. USR13-0022, page 3 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.G. A.Goal 7. states "County land use regulations should protect the individual property owner's right to request a land use change." Section 22-2-20.G. 1. A.Policy 7.1. states "County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable. The proposed storage yard will assist with Noble Energy's drilling operations in the Wattenberg Field and will equipment post well construction. Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial development should pay its own way." Noble Energy, Inc. and successors will be paying for all on -site and offsite improvements associated with this use as required through the Improvements Agreement. Section 22-5-140 A. AE.Goal 1. States "Support and encourage research, development and use of alternative energy resources." Further, Section 22-5-140 A.2 AE.Policy 1.3 states "Support the development and use of biofuels." Encana will operate a liquefied natural gas [LNG] fueling station at this location. Section 22-6-20.C.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. 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 a Mineral Resource Development Facility including Oil and Gas Support and Service (storage of pipe and production equipment) and Section 23-3-40.S provides for any LNG use permitted as a Use by Right, an accessory use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions 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 facility is located in a rural agricultural area on parcel containing no improvements. Noble Energy has a permitted USR11-0026 and MUSR13-0016 for a water storage and upload facility immediately adjacent to the North. Adjacent properties are utilized for crop production, primarily corn and for confined feeding operations, including a Dairy. Oil and gas facilities are existing encumbrances on this parcel and adjacent properties. There are a few residences in the immediate area. Development Standards and Conditions of Approval will ensure that this use will be compatible with surrounding land uses. NOBLE ENERGY, INC. - GILL LAYDOWN YARD. USR13-0022, page 4 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 the 3 -mile referral for a municipality E. Section 23-2-220.A.5 -- The application complies with Section 23, Article 5 of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee area. Building Permits issued on the proposed 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 facility is located on soils designated as "Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Historically, the entire site has been in crop production, however, with the change in ownership, there is no irrigation water associated with the property. 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 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 plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) B. All sheets of the plat shall be labeled USR13-0022. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) CR 57 is a local gravel road and requires a 60 -foot right-of-way at full build out. The applicant shall verify the existing 60 feet of 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) 3) CR 64.5 is a local gravel road and requires a 60 -foot right-of-way at full build out. The applicant shall verify the existing 60 feet of 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 NOBLE ENERGY, INC. - GILL LAYDOWN YARD. USR13-0022, page 5 Weld County. (Department of Public Works) 4) Show the approved access(es) on the Plat and label with the approved access permit number (will be provided). (Department of Public Works) 5) If exterior lighting is a part of this facility, all light standards shall be delineated in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 6) Oil and Gas encumbrances including appropriate setbacks shall be delineated on the plat. (Department of Planning Services) 7) All recorded Easements of record which encumber this site shall be delineated and referenced on the plat by the Weld County Clerk and Recorders reception number. (Department of Planning Services) D. The applicant shall address the requirements (concerns) of the Department of Public Health and Environment, as stated in their referral response dated April 22, 2013, Including: 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, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. (Note: An Air Pollution Emission Notice (APEN) is also required if the amount of disturbed area exceeds 25 acres.) 2. The applicant shall designate the location of the proposed septic system on the plat. The septic system must be protected from vehicle traffic. 3. Submit documentation from North Weld County Water District indicating that water service is approved for the commercial facility. 4. Submit evidence of a recorded easement for the water line crossing two parcels, and the easement shall be designated on the plat. 5. The applicant shall submit a revised waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of the type and volume of chemicals expected to be stored on site. 2) Hazardous material spill cleanup and disposal procedures. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) E. A Screening Plan for the property for review and approval by the Department of Planning Services. (Department of Planning Services) F. An Improvements Agreement as well as road maintenance is required for this site. Road maintenance including dust control, damage repair, and triggers for improvements will be NOBLE ENERGY, INC. - GILL LAYDOWN YARD. USR13-0022, page 6 included. (Department of Public Works) G. An accepted Final Drainage Report and a complete set of Construction Drawings that have been stamped, signed, and dated by a registered Professional Engineer licensed in the State of Colorado are required. (Department of Public Works) 2. Upon completion of Condition of Approval #1. above, the applicant shall submit three (3) paper copies or one electronic (.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 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. 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. Prior to the Release of Building Permits: A. A commercial building permit will be required. On the back of this permit you will find the necessary items that must be submitted with the application. The submittal must be complete with all the documents before it can be accepted (Department of Building Inspection) B. In addition this building will require the following: Engineered drawings for all structural work and architectural drawings that show the floor plan, elevations, ect. (Department of Building Inspection) C. Also, a life safety plan showing occupancy and building type, egress routes, emergency lights/exist, frontages, and travel distance must be submitted. (Department of Building Inspection) D. A ComCheck for the building envelope, mechanical, and electrical must be submitted showing that the building will comply with the 2006 International Energy Code. (Department of Building Inspection) E. Bathroom plans with details must be submitted to show accessibility. Also an overall accessibility plan must be submitted. Department of Building Inspection) F. Mechanical, plumbing and electrical drawings with a one line and fault current calculations are required. (Department of Building Inspection) G. The building must comply with the requirements set forth by the fire district. A letter of notification that they have received the drawings are they are ok with the release of the building permit must be submitted to our office with the application. (Department of Building Inspection) NOBLE ENERGY, INC. - GILL LAYDOWN YARD. USR13-0022, page 7 H. 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: 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) 6. One month prior to the start of 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. A State stormwater discharge permit may be required for a development / redevelopment / construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for application more information. (Department of Public Health and Environment) 7. Prior to the issuance of a Certificate of Occupancy: A. 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. (Department of Public Health and Environment) B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) 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. (Department of Public Health and Environment) NOBLE ENERGY, INC. - GILL LAYDOWN YARD. USR13-0022, page 8 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Noble Energy, Inc. USR13-0022 1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including Oil and Gas Support and Service including storage of pipe and production equipment, and any LNG use permitted as a use by right, accessory use or use by special review in the commercial or industrial zone district; and a truck parking area in the A (Agricultural) Zone District 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. 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. (Department of Public Health and Environment) 4. 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. (Department of Public Health and Environment) 5. 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. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 7. 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) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. 9. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) NOBLE ENERGY, INC. - GILL LAYDOWN YARD. USR13-0022, page. 9 10. 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. (Department of Public Health and Environment) 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 12. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the construction of the facility. (Department of Public Health and Environment) 13. Bottled water shall be utilized for drinking during construction of the project. (Department of Public Health and Environment) 14. 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). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 15. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) 16. 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) 17. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. (Department of Public Works) 18. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 19. Weld County is not responsible for the maintenance of onsite drainage related features (Department of Public Works) 20. This is a manned facility with up to five (5) personnel on -site for the loading and unloading of equipment and materials with additional employees on -site the periodic refueling of vehicles. (Department of Planning Services) 21. This facility operates twenty-four hours/day 365 days per year. (Department of Planning Services) 22. 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; and Neither 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) 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) (Department of Planning Services) 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) (Department of Planning Services) NOBLE ENERGY, INC. - GILL LAYDOWN YARD. USR13-0022, page. 10 25. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) 26. 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) 27. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, of the Weld County Code. (Department of Planning Services) 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, of the Weld County Code. (Department of Planning Services) 30. 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) 31. 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) 32. 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) 33. 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; NOBLE ENERGY, INC. - GILL LAYDOWN YARD. USR13-0022, page. 11 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. NOBLE ENERGY, INC. - GILL LAYDOWN YARD. USR13-0022, page. 12 June 03, 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 HARRIS VINCE 700 12TH ST STE 220 GOLDEN, CO 80401 Subject: USR13-0022 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OIL AND GAS SUPPORT AND SERVICE, INCLUDING, STORAGE OF PIPE AND PRODUCTION EQUIPMENT, AND ANY LNG RELATED USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT; AND A TRUCK PARKING AREA IN THE A (AGRICULTURAL) ZONE DISTRICT On parcel(s) of land described as : PT E2NW4 SECTION 26, T6N, R64W PT LOT B REC EXEMPT RECX12-0069 LYING WITHIN E2NW4 of the 6th P.M., Weld County, Colorado. PT W2NW4 SECTION 26, T6N, R64W PT LOT B REC EXEMPT RECX12-0069 LYING WITHIN W2NW4 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on July 2, 2013, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on July 17, 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.org Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, I4 Kim Ogle Planner Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2013.06.03 14:01:12 -06'00' 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 April 18, 2013 HARRIS VINCE BASELINE CORPORATION 700 12TH ST STE 220 GOLDEN, CO 80401 Subject: USR13-0022 - A SITE DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOMENT FACILITY INCLUDING OIL AND GAS SUPPORT AND SERVICE (STORAGE OF PIPE AND PRODUCTION EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT On parcel(s) of land described as: PT E2NW4 SECTION 26, T6N, R64W PT LOT B REC EXEMPT RECX12-0069 LYING WITHIN E2NW4 of the 6th P.M., Weld County, Colorado. PT W2NW4 SECTION 26, T6N, R64W PT LOT B REC EXEMPT RECX12-0069 LYING WITHIN W2NW4 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, Lc - Kim Ogle Planner Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2013.04.18 09:18:07 -06'00' SITE INSPECTION- FIELD CHECK Inspection Date: June 18, 2013 Applicant: Noble Energy, Inc 1625 Broadway Street, Denver, Colorado 80202 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including Oil and Gas Support and Service including storage of pipe and production equipment, and any LNG use permitted as a use by right, accessory use or use by special review in the commercial or industrial zone district; and a truck parking area in the A (Agricultural) Zone District Legal Description: Lot B RECX12-0069 being part of the W2NW4 and E2 NW4 of Section 26, T6N, R64W of the 6'" P.M., Weld County Colorado Location: South of and adjacent to County Road 66 Section Line, East of and adjacent to County Road 57, North of and adjacent to County Road 64.5 Size of Parcel: 86.63 Acres +/- Parcel No. 0801-26-2-0-00-009 and 0801-26-2-0-00-008 Zoning Land Use N Agriculture N USR11-0026, MUSR13-0016 WATER DEPOT E Agriculture E AGRICULTURE LAND, SFR S Agriculture S AGRICULTURE LAND, SFR W Agriculture W AGRICULTURE LAND, MULTIPLE SFRs Comments: The proposed facility is located in a rural agricultural area on parcel containing no improvements. Noble Energy has a permitted USR11-0026 and MUSR13-0016 for a water storage and upload facility immediately adjacent to the North. Adjacent properties are utilized for crop production, primarily corn and for confined feeding operations, including a Dairy- Oil and gas facilities are existing encumbrances on this parcel and adjacent properties. There are a few residences in the immediate area. From the proposed site there are residences adjacent to the west and to the southeast. Overhead utilities are present with telephone underground. County Road57 is a local gravel road without shoulders or borrow ditch at the location. Slope of site is to the south and east. 40k Signature o Site Distance o Oil & Gas Structures o Topography Note any commercial business/commercial vehicles that are operating from the site. Vacant Ground Hello