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Home My WebLink About20131589.tiffu LAND USE APPLICATION SUMMARY SHEET PRELIMINARY Case Hearing Date: June 4, 2013 Number: USR13-0013 Applicant: Quarter Circle Lazy H Ranch, Inc., do Noble Energy, Inc. Address: do Pamela Flora and Julie Cozad; Tetra -Tech, Inc.; 1900 Sunset Street, Suite 1-F, Longmont Request: A Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facility, including Oil and Gas Support and Service, including, but not limited to: a Natural Gas Processing Facility; New Equipment and Pipe Storage Yards; a Central Processing Facility; a Liquefied Natural Gas (LNG) Plant, a LNG Storage facility 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; a Communications Tower greater than 70 feet in height [100 Feet]; a Morgan County REA substation; and more than one Cargo (Conex) Container in the A (Agricultural) Zone District Legal N2 Section 21, T9N, R61W of the 6th P.M., Weld County, Colorado Description: Location: 0.75 miles North of County Road 102 Section Line; South of and adjacent to County Road 104 Section Line and East of and adjacent to County Road 89 Size of Parcel: 320 +/- acre Parcel Number: 0465-21-0-00-003 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 responses with comment from the following agencies: State of Colorado, Division of Water Resources, referral dated March 20, 2013 Weld County Office of Emergency Management, referral dated March 27, 2013 Weld County Department of Building Inspection, referral dated April 5, 2013 Weld County Department of Public Health and Environment, referral dated April 15, 2013 Weld County Department of Public Works, referral dated April 15, 2013 The Department of Planning Services' staff has received responses without comment from the following agencies: Weld County Zoning Compliance, referral dated March 19, 2013 West Greeley Soil Conservation District referral dated March 19, 2013 Morgan County REA, referral dated March 19, 2013 Weld County Extension, referral dated April 17, 2013 Noble Energy -- Keota Oil and Gas Processing Facility, page 1 The Department of Planning Services' staff has not received responses from the following agencies: State of Colorado, Division of Parks and Wildlife State of Colorado Department of Health State of Colorado Department of Labor and Employment Weld County Sheriff's Office Pawnee Fire Protection District Weld County School District, RE -12 Noble Energy -- Keota Oil and Gas Processing Facility, page 2 u SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Case Hearing Date: June 4, 2013 Number: USR13-0013 Applicant: Quarter Circle Lazy H Ranch, Inc., do Noble Energy, Inc. Address: do Pamela Flora and Julie Cozad; Tetra -Tech, Inc.; 1900 Sunset Street, Suite 1-F, Longmont Request: A Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facility, including Oil and Gas Support and Service, including, but not limited to: a Natural Gas Processing Facility; New Equipment and Pipe Storage Yards; a Central Processing Facility; a Liquefied Natural Gas (LNG) Plant, LNG Storage 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; a Communications Tower greater than 70 feet in height [100 Feet]; a Morgan County REA substation and more than one Cargo (Conex) Container in the A (Agricultural) Zone District Legal N2 Section 21, T9N, R61W of the 6th P.M., Weld County, Colorado Description: Location: 0.75 miles North of County Road 102 Section Line; South of and adjacent to County Road 104 Section Line and East of and adjacent to County Road 89 Size of Parcel: 320 +/- acre Parcel Number: 0465-21-0-00-003 SUMMARY OF USE: Noble Energy is proposing to purchase 80 acres of land from Quarter Circle Lazy H Ranch Inc. for a natural gas processing facility, storage area and gas plant staging area, a future central processing facility, a LNG (liquefied natural gas) plant and an electric substation. The facility is proposed to operate 24 hours — 7 days a week. Natural gas from Noble's well sites throughout the northern Weld County area will be piped to the Keota Gas Processing Facility to be treated. The gas will be treated and processed to recover the Natural Gas Liquid (NGL) and create a sellable natural gas stream for use by consumers. The Natural Gas and NGLs will be transported via pipeline. A byproduct of the gas processing facility is unstabilized condensate that will be stabilized at the Keota facility, in addition unstablized condensate from the Lilli Gas Plant will be trucked to this facility to be processed. Post processing, the stabilized condensate stream will be stored at the Keota Gas Plant Facility in atmospheric tanks until it is sold and trucked to off -site locations for use. Noble is also proposing a LNG plant and storage facility. The LNG will be placed into vacuum insulated storage tanks for Noble to use to fuel their own rig fleet and well completion operations and/or it could be trucked off -site to appropriately permitted LNG fueling facilities to be used by others in Weld County or the State of Colorado for their fleet vehicles. The gas processing facility will be surrounded by a security fence and all entrances will have a gate and will be equipped with an emergency shutdown device (ESD) button and be mechanized to open with a key card or pad. For communication and coordination with other Noble facilities, a 100 foot radio tower is proposed. Noble Energy -- Keota Oil and Gas Processing Facility, 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 22-5-140.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." Noble Energy is proposing a liquefied natural gas [LNG] plant and storage facility. The LNG will be placed into vacuum insulated storage tanks for Noble to use to fuel their own rig fleet and well completion operations and/or it could be trucked off -site to appropriately permitted LNG fueling facilities to be used by others Section 22-5-100.A. (OG.Goal 1.) states "Promote the reasonable and orderly exploration and development of oil and gas mineral resources;" and Section 22-5-100.B. (OG.Goal 2.) states "Ensure that the extraction of oil and gas resources conserves the land and minimizes the impact on surrounding land and the existing surrounding land uses;" and Section 22-5-100.B. (OG.Policy 2.9.) states "Impose protective measures through available state, County and federal regulations to ensure that the mineral operator conducts operations in a manner that will minimize current and future environmental impacts." Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial development should pay its own way." The applicant, Noble Energy, will be paying for all on -site and offsite improvements associated with this use as required through the improvements agreement;" and Section 22-2-20 I. A.Goal 9. States: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses;" and 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;" and Section 22-2-20 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address incompatibility issues. Encourage techniques and incentives, such as but not limited to clustered development and building envelopes, to minimize impacts on surrounding agricultural land;" The request for a Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facility, Oil and Gas Support and Service, including, but not limited to: a Natural Gas Processing Facility; New Equipment and Pipe Storage Yards; a Central Processing Facility; a Liquefied Natural Gas (LNG) Plant, LNG Storage 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; a Communications Tower greater than 70 feet in height Noble Energy -- Keota Oil and Gas Processing Facility, page 4 [100 Feet]; a Morgan County REA substation; and more than one Cargo (Conex) Container in the A (Agricultural) Zone District. The Noble Energy infrastructure improvements are part of a new compressor, pipeline and gas processing plant network necessitated by the need to move larger volumes of gas due to the recent increases in drilling activity and projected additional production increases. Attached Development Standards and Conditions of Approval (Noise limits and the requirement that the applicant submit a Lighting Plan) will address and mitigate impacts on the surrounding area. B. Section 23-2-220.A.2 -- Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Citing the following Code Sections, Section 23-3- 40.A.1 of the Weld County Code provides for an Oil and gas storage facility, including the LNG tank farm; Section 23-3-40.A.2 provides for the Natural Gas Processing Facility, New Equipment and Pipe Storage Yards, a Liquefied Natural Gas (LNG) Plant; Section 23-3- 40.D.3 Public Utilities facility, including the Morgan County REA substation; Section 23-3- 40.K one (1) or more microwave, radio, television or other communication transmission or relay tower over seventy (70) feet in height per Lot; Section 23-3-40.S provides for any use permitted as a Use by Right, an accessory use, or a Use by Special Review in the commercial or industrial zone districts, 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 and Section 23-3-40.BB addresses more than the number of cargo containers allowed as a use by right per legal lot or parcel 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 property slopes east to a low point and west to the same low point, in effect the property is positioned in a bowl sloping to the north. A gas pipeline bisects the property northwest to southeast. In the immediate area, there is no residential development, although there are residences to the south and north a minimum of one mile in distance of the parcel. The site is currently utilized as range/ pastureland. There are seven (7) property owners and 11 parcels within five hundred feet of this proposed facility. 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 within the three mile referral area of a municipality. E. Section 23-2-220.A.5 -- The application complies with Section 23-5 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 -wide Road Impact Fee Area. 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. (Ordinance 2011-2) 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. This proposed facility is located on an eighty (80) acre parcel for the Oil and Gas Processing Facility. The proposed facility is sited on lands that are designated "High Potential Dry Cropland, Prime if they become Irrigated" and "Other" on the Important Farmlands of Weld County map dated 1979. 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. Noble Energy -- Keota Oil and Gas Processing Facility, page 5 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. 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR13-0013 (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) 4. The applicant shall delineate the trash collection areas. Section 23-2-260.C.11 and Section 23-3-350.A.6 of the Weld County Code address the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights -of -way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 5. County Road 89 is designated on the Weld County Road Classification Plan as local gravel road, which require 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) 6. County Road 104 is designated on the Weld County Road Classification Plan as a Section Line Road. There is 30 feet of unmaintained County section line right-of-way along the northern property line. The applicant shall verify the existing 30 feet of 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. This road is not maintained by Weld County. (Department of Public Works) 7. Show the approved access(es) on the Plat and label with the approved access permit number (will be provided). (Department of Public Works) 8. The approved Lighting Plan for the Facility. (Department of Planning Services) B. The applicant shall address the concerns of the Weld County Department of Public Health and Environment, as indicated in their referral dated April 15, 2013, specifically: 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.) (Department of Public Health and Environment) 2. Submit documentation demonstrating that the secondary containment to be constructed around the aboveground tanks complies with the Colorado Oil and Noble Energy -- Keota Oil and Gas Processing Facility, page 6 Gas Conservation Commission's Rule 604. Include specifications for spill containment in the truck loading/unloading areas. (Department of Public Health and Environment) 3. The applicant shall designate the location of the proposed septic system on the plat. The septic system must be protected from vehicle traffic. (Department of Public Health and Environment) 4. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the commercial use. (Department of Public Health and Environment) 5. In the event the facility's water system serves more 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations. (Department of Public Health and Environment) 6. 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 wastes which are expected to be generated on site (this should include expected volumes and types of waste generated, including waste generated from equipment maintenance). 2. A list of the type and volume of chemicals expected to be stored on site. 3. The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). 4. The approved disposal facility for the waste water stream (including the facility name, address, and phone number). (Department of Public Health and Environment) C. The applicant shall submit a Deed describing the North one-half of the Northwest one -quarter of Section 21, Township 9 North, Range 61 West of the 6th P.M., County of Weld State of Colorado. (Department of Planning Services) D. The applicant shall submit an Improvements Agreement including collateral for all on -site and off -site improvements as well as road maintenance is required for this site. Road maintenance including dust control, damage repair, and triggers for improvements will be included. (Department of Public Works) E. The applicant shall submit a Final Drainage Report that follows the USR-SPR Drainage Report Checklist and a complete set of Construction Drawings (including the onsite gravel section to prevent tracking onto the County roadway) that have been stamped, signed, and dated by a registered Professional Engineer licensed in the State of Colorado. (Department of Public Works) F. The applicant shall submit two (2) paper copies or one electronic copy of the USR Map for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) Noble Energy -- Keota Oil and Gas Processing Facility, page 7 2. Prior to Construction A. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. (Department of Public Works) B. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of construction. The grading permit application must contain: an erosion and sediment control plan, a grading plan, installation details of all BMPs to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE stormwater permit. (Department of Public Works) C. Building permits maybe required for the Oil and Gas Support and Service Facility and associated buildings and equipment, per Section 29-3-10 of the Weld County Code. (Department of Building inspection) D. If a building permit application is submitted two complete sets of engineered plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer is required. (Department of Building inspection) E. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or a open hole inspection. (Department of Building inspection) F. 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: 2012 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code the 2012 International Plumbing Code and Chapter 29 of the Weld County Code. (Department of Building inspection) G. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building inspection) 3. Prior to 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) C. The applicant shall submit evidence of compliance with the Emergency Planning and Community Right to Know Act [EPCRA] for any hazardous chemical used or stored in the workplace. (Weld County Office of Emergency Management) Noble Energy -- Keota Oil and Gas Processing Facility, page 8 4. One month prior to operation: A. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. (Department of Public Health and Environment) 5. Upon completion of 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) 6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Amended 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).Thisdigitalfilemaybesenttodhuerter@co.weld.co.us. (Department of Planning Services) 7. 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 of the Board of County Commissioners resolution a $50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) 8. 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) Noble Energy -- Keota Oil and Gas Processing Facility, page 9 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Noble Energy — Keota Oil and Gas Processing Facility USR13-0013 1. The Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facility, including Oil and Gas Support and Service, including, but not limited to: a Natural Gas Processing Facility; New Equipment and Pipe Storage Yards; a Central Processing Facility; a Liquefied Natural Gas (LNG) Plant, LNG Storage 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; a Communications Tower greater than 70 feet in height [100 Feet]; a Morgan County REA substation and more than one Cargo (Conex) Container 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 Industrial Zone as delineated in Section 14-9-30 of the Weld County Code or all applicable State noise statutes and/or regulations. (Department of Public Health and Environment) 9. The operation shall comply with all applicable oil and gas operations regulated by the Colorado Oil and Gas Conservation Commission. (Department of Public Health and Environment) 10. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage retention berm shall be constructed around the aboveground storage tanks. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm and sufficient freeboard to contain precipitation. (Department of Public Health and Environment) 11. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) Noble Energy -- Keota Oil and Gas Processing Facility, page 10 12. Any petroleum 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) 13. A Spill Prevention Control and Countermeasure plan shall be kept on site, at all times. (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. 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) 16. 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) 17. Portable toilets and handwash units may be utilized in the load/unload areas for drivers who do not have access to the office restroom facilities due to security restrictions. 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) 18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 19. In the event the facility's well water system serves more 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to these requirements, the Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. (Department of Public Health and Environment) 20. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as applicable. (Department of Public Health and Environment) 21. 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) 22. The operation shall comply with the Occupational Safety and Health Act. (OSHA) (Department of Public Health and Environment) 23. 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) 24. Building permits will be required for the Oil and Gas Support and Service Facility and associated buildings and equipment. (Department of Building inspection) 25. A building permit application must be completed and two complete sets of engineered plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted. (Department of Building inspection) 26. A geotechnical engineering report performed by a registered State of Colorado engineer shall be Noble Energy -- Keota Oil and Gas Processing Facility, page 11 required or a open hole inspection. (Department of Building inspection) 27. 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: 2012 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code the 2012 International Plumbing Code and Chapter 29 of the Weld County Code. (Department of Building inspection) 28. Building plans must be reviewed and approved and a permit must be issued prior to the start of construction. (Department of Building inspection) 29. 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) 30. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, recycled asphalt base, concrete or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 31. 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) 32. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 33. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 34. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. (Department of Public Works) 35. For any hazardous chemical used or stored in the workplace, facilities must maintain a material safety data sheet [MSDS] and submit the MSDSs, or a list of chemicals, and the facility's annual inventory, to the State Emergency Response Commission, the Local Emergency Planning Committee and the Pawnee Fire Department on or before March 1 of any given year. (Weld County Office of Emergency Management) 36. The applicant shall submit evidence of compliance with the Emergency Planning and Community Right to Know Act [EPCRA] for any hazardous chemical used or stored in the workplace. (Weld County Office of Emergency Management) 37. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning) 38. 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. (Ordinance 2011-2) (Department of Planning) 39. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services) 40. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1 Lighting Standards of the Weld County Code. (Department of Planning Services) 41. 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) Noble Energy -- Keota Oil and Gas Processing Facility, page 12 42. 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) 43. 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) 44. The 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) 45. 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) 46. 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 Noble Energy -- Keota Oil and Gas Processing Facility, page 13 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 -- Keota Oil and Gas Processing Facility, page 14 May 1, 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 BREY TERRY NOBLE ENERGY INC 1625 BROADWAY STE 2200 DENVER, CO 80202 Subject: USR13-0013 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND GAS SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TO A NATURAL GAS PROCESSING FACILITY, NEW EQUIPMENT AND PIPE STORAGE YARD, A LIQUEFIED NATURAL GAS (LNG) PLANT, LNG STORAGE AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT LNG FUELING FACILITY, A COMMUNICATIONS TOWER GREATER THAN 70 FEET IN HEIGHT [100 FEET], A MORGAN COUNTY REA SUBSTATION AND MORE THAN ONE CARGO (CONEX) CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT On parcel(s) of land described as: N2 SECTION 21, T9N, R61W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on June 4, 2013, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on June 26, 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.orq 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: 2013.05.01 10:42:38 -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 March 18, 2013 TERRY BREY NOBLE ENERGY INC 1625 BROADWAY STE 2200 DENVE, CO 80202 Subject: USR13-0013 - A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND GAS SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TO A NATURAL GAS PROCESSING FACILITY, A COMMUNICATIONS TOWER GREATER THAN 70 FEET IN HEIGHT [100 FEET], A SCREENED NEW EQUIPMENT AND PIPE STORAGE YARD, A LIQUEFIED NATURAL GAS (LNG) PLANT AND STORAGE FACILITY, AND MORE THAN ONE CARGO (CONEX) CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT On parcel(s) of land described as: N2 SECTION 21, T9N, R61W 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, Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2013.03.18 15:51:38 -06'00' Kim Ogle Planner FIELD CHECK Inspection Date: 5, JC(3 CaseNumber: USR13-0013 Applicant: Quarter Circle Lazy H Ranch, Inc., c/o Noble Energy, Inc. Address: c/o Tetra -Tech, Inc.; 1900 Sunset Street, Suite 1-F, Longmont Request: A Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facility, including Oil and Gas Support and Service, including, but not limited to: a Natural Gas Processing Facility; New Equipment and Pipe Storage Yards; a Central Processing Facility; a Liquefied Natural Gas (LNG) Plant, a LNG Storage facility 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; a Communications Tower greater than 70 feet in height [100 Feet]; a Morgan County REA substation; and more than one Cargo (Conex) Container in the A (Agricultural) Zone District Legal Description: N2 Section 21, T9N, R61W of the 6th P.M., Weld County, Colorado Location: 0.75 miles North of County Road 102 Section Line; South of and adjacent to County Road 104 Section Line and East of and adjacent to County Road 89 Size of Parcel: 320 +/- acre Parcel Number: 0465-21-0-00-003 Zoning Land Use N AGRICULTURE N RANGLEAND W NATIVE GRASSES E AGRICULTURE E RANGLEAND W NATIVE GRASSES S AGRICULTURE S RANGLEAND W NATIVE GRASSES W AGRICULTURE W RANGLEAND W NATIVE GRASSES ELECTRIC TRANSMISSION LINE Comments: PROPERTY IS FLAT AND IS PREDOMINATELY IN NATIVE GRASSES. THE NEAREST RESIDENCE IS APPROXIMATELY ONE MILE NORTH ON THE WEST SIDE OF THE ROAD. THERE ARE NO IMPROVEMENTS ASIDE FROM THE TWIN ELECTRIC TRANSMISSION LINES, ONE FOR CEDAR CREEK AND THE SECOND FOR TRI-STATE. THE PROPERTY IS FENCED CR 89 IS A MODERATELY TRAVELLED ROAD WITH WATER TRUCKS ASSOCIATED WITH THE OIL FIELD. IT IS TWO LANE AND ALL WEATHER. Note any commercial business/commercial vehicles that are operating from the site. Hello