HomeMy WebLinkAbout20131463.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Tiffane Johnson
Case Number: USR13-0009 Hearing Date: May 21, 2013
Applicant: Richmark Energy Partners, LLC
Site Address: 2621 West C Street, Greeley, CO
Request: A Site Specific Development Plan and Special Review Permit for an Oil
and Gas Production Facility (Up to 32 wells, 16 oil tanks, 2 water tanks,
10 separators) in the R-1 (Low Density Residential).
Legal Description: Part of the SW4SE4 of Section 36, Township 6 North, Range 66 West of
the 6th P.M., Weld County, Colorado
Location: North and adjacent to West C Street approximately 1800 feet west of the
intersection of 23rd Avenue and West C Street.
Size of Parcel:
Parcel Number:
5.24 +/- Acres
0805 6 0 00 009
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 from the following agencies:
Without Comments:
$ Northern Colorado Water Conservancy District, referral dated 3/5/2013
With Comments:
$ Weld County Department of Public Health and Environment, referral dated 3/20/2013
$ Weld County Department of Public Works, referral 4/1/2013
$ Weld County Zoning Compliance, referral dated 3/5/2013 and complaint form, dated
3/20/2013
$ Weld County Department Building Inspection, referral dated 3/27/2013
$ City of Greeley, referral dated 3/22/2013
$ West Greeley Soil Conservation dated 3/5/2013
The following agencies have not responded:
$ Great Western Railway
$ Weld County School District Re -6
$ Colorado Oil and Gas Conservation Commission
USR13-0009, Richmark Energy Partners, LLC, Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Tiffane Johnson
Case Number: USR13-0009 Hearing Date: May 21, 2013
Applicant: Richmark Energy Partners, LLC
Site Address: 2621 West C Street, Greeley, CO
Request: A Site Specific Development Plan and Special Review Permit for an Oil
and Gas Production Facility (Up to 32 wells, 16 oil tanks, 2 water tanks,
10 separators) in the R-1 (Low Density Residential).
Legal Description: Part of the SW4SE4 of Section 36, Township 6 North, Range 66 West of
the 6th P.M., Weld County, Colorado
Location: North and adjacent to West C Street approximately 1800 feet west of the
intersection of 23rd Avenue and West C Street.
Size of Parcel: 5.24 +/- Acres
Parcel Number: 0805 6 0 00 009
Summary: The property owner, Richmark Energy Partners, LLC has entered into an agreement with
Mineral Resources, Inc. allowing Mineral Resources to utilize the surface of the property to conduct
drilling operations and to install and operate related oil and gas production facilities. The proposed use is
a multiple well, oil and gas pad located in the northwest corner of the property. The well pad will include
up to 32 wells that will be directionally and/or horizontally drilled, 16 oil tanks, 2 water tanks, 10
separators, and an access road from C Street. Drilling of wells will be completed in multiple phases. The
first phase of drilling for the C -Street project will consist of 2-3 horizontal wells. The construction phase
will last approximately four weeks and the completion phase approximately 2 weeks. It is anticipated that
drilling will begin in the summer of 2013.The timeline as to when the additional wells will be drilled will
depend on the production obtained from the first two wells. The second phase of drilling is not expected
to commence for 2-5 years after completion of the first.
USR13-0009, Richmark Energy Partners, LLC, Page 2
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 22-5-80.B (CM.Goal 2) states,
"Promote the reasonable and orderly development of mineral resources", 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 25-5-100B (OG. Goal 2)
states, "Ensure that the extraction of oil and gas resources conserves the land and
minimized the impact on surrounding land and the existing surrounding land uses" and
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". The property owner,
Richmark Energy Partners, LLC has reached an agreement with the facility operator
(Mineral Resources, Inc) regarding the surface use of the property, as well as acquired a
Setback Waiver (per COGCC Rule 603b) from the adjacent neighbor to the east for well
sites located near than 350 feet from an occupied structure. The permit is necessary in
this case because the property is zoned R-1 (Low Density Residential). This permit
allows for a multiple wells site and tank battery site which supports the orderly
development of the mineral resource.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-110.D.6 of the Weld County Code provides for
oil or gas production facilities as a Use by Special Review in the R-1 (Low Density
Residential) 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 subject property is zoned R1 low -density residential
and has a single family dwelling with detached garage currently be used a rental. A
portion of the site is located within the 100 year flood plan. It is also located within the
City of Greeley Urban Growth Boundary and is in close proximity to a number of existing
low to high density residential subdivisions within City of Greeley Limits. To the north the
Great Western Railway runs parallel and adjacent to the north property line. The
property directly north of the Great Western Railway has been annexed by the City of
Greeley and zone I -M Industrial Medium Intensity; Oil and Gas Operations are a Use By
Special Review in the I -M zone. Further to the north, there is a number of existing gravel
operations. The property directly adjacent to the west and east are R1 zoned properties
in the county. The property to the west has a 250 foot tall tower owned by Greeley
Broadcasting Company. The property to the east has a residence that is located
approximately 300 feet from the pad site as well. A copy of the setback waiver signed by
the property owner as required by the Colorado Oil and Gas Conservation Commission
(COGCC) has been submitted with the application to reduce the 350 foot setback
requirement for an occupied structure to 200 feet. Further to the west, east and south are
existing low to high density residential developments; to the west is Clover Creek
Subdivision, to the east are single family residences in the county, and to the south are
the Axsom Subdivision and Norwood Subdivision. Best management practices for noise
abatement measures including but not limited to limiting noise producing activities
between 9:00 p.m. to 6:00 a.m. and construction of temporary haybales. No phone calls,
letters or other correspondence was received regarding the application.
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
USR13-0009, Richmark Energy Partners, LLC, Page 3
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The site is located within the 3 -mile referral area for the City of
Greeley and is located within Greeley's Urban Growth Boundary. The City of Greeley
annexed the property directly north with I -M zoning which provides for a Use By Special
Review for Oil and Gas Operations. The City of Greeley's provided a detailed response
received March 22, 2013 and outlined a number of concerns that the applicant will be
required address such as access, water service and storm drainage. Urban scale
development is not proposed and is an unmanned facility.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The site is located in a Special Flood Hazard Area as shown on panel
number 080266-0628C dated September 28, 1982 and on the Flood Boundary and
Floodway Map panel #080266-003 dated September 28, 1990. The applicant has
obtained Conditional Approval for construction of the facility under Flood Hazard
Development Permit FHDP-818.
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 site is not
designated as "other lands: per the U.S.D.A. Soil Conservation Map, dated 1979.
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.
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 to the Department of Planning Services
showing the access width requirements for emergency equipment (City of Greeley Fire
Department) meet the requirements set forth in the IFC Section 503.2. (Department of
Planning Services)
B The applicant shall address the requirements of the Department of Public Works, as
stated in the referral response dated April 1, 2013. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
C. The applicant shall attempt to address the concerns of the City of Greeley as outlined in
the referral dated 4/1/2013. Written evidence that these concerns have been addressed
shall be submitted to the Department of Planning Services. (Department of Planning
Services)
D. The applicant shall submit documentation from the City of Greeley that a Public Works
Right of Way Permit is approved for the proposed use. (Department of Planning
USR13-0009, Richmark Energy Partners, LLC, Page 4
Services)
E. The existing residence is served by existing septic system, Septic Permit No. SE -
0600083. The septic permit, issued in 2006, is a Statement of Existing which is
information provided by the property owner on the size and location of an unpermitted
septic system. The drawing provided with the Statement of Existing did not show the
location and dimensions of the existing septic system. The applicant shall provide a
revised drawing showing the dimensions and location of the septic system on the
property. (Department of Health and Environment)
F. An evaluation of the existing septic system for Septic Permit No. SE -0600083 revealed
an illegal graywater discharge. Specifically, graywater was discharging on top of the
ground vs. connected to the septic system. The applicant shall submit documentation that
the graywater discharge has been connected to the septic system. Environmental Health
Services will perform an inspection to verify. (Department of Health and Environment)
G. Submit documentation from City of Greeley indicating that water service is available and
approved for the proposed uses. (Department of Health and Environment)
H. Submit documentation demonstrating that the secondary containment to be constructed
around the aboveground tanks complies with the Colorado Oil and Gas Conservation
Commission's Rule 603.e.(12). (Department of Health and Environment)
An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.)
Regulations. Evidence of approval by the Department of Public Health and Environment
shall be provided to the Department of Planning Services. (Department of Public Health
and Environment)
J. The applicant shall provide evidence to the Department of Planning Services that all
noncommercial junkyard (Weld County Code, Chapter 23, Sec.23-1-90) items located on
the property are screened from all adjacent properties and public rights -of -way, or have
been removed from the property. (Department of Planning Services)
K. The applicant shall submit a Lighting Plan to the Department of Planning Services, for
review and approval (Department of Planning Services)
L. No signs shall be structurally erected, enlarged, constructed, reconstructed, relocated,
refaced or otherwise altered without first obtaining all required building permits from the
Department of Building Inspection and Department of Planning Services. The applicant
must submit a building permit for the existing sign located on the site.
M. The applicant shall submit evidence to the Department of Planning Services that above-
ground water storage tanks comply with Chapter 29, Article III, Sec. 29-3-20.B.18. has
been met.
1. Open top, above -grade water storage tanks shall be designed by a registered
professional engineer or other certifying body; approved by the County, to be
compatible with the use. The applicant shall provide a stamped copy of the
engineered design to the Department of Planning Services. (Department of
Planning Services)
2. In conjunction with the engineered design, the applicant shall provide to the
Department of Planning Services, evidence of insurance that will protect the
party seeking the exemption, owners of lands adjacent to, and immediately
downstream from, the property where the tank is to be located and the County
from claims for bodily injury, death or property damage, which may arise from the
excavation, installation, construction and/or operation of the tank. The County
must be named as an "Additional Named Insured" upon said insurance
USR13-0009, Richmark Energy Partners, LLC, Page 5
policies.(Department of Planning Services)
N. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0009 (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 verify the Great Western Railway Right of Way and the
documents creating the right of way shall be noted on the plat with the recording
information.
5. If the facility is to be secure please show the location of the automatic gate. Gates
should be designed to ensure future right of way for West C Street is not
encroached. (Department of Planning Services)
6. All signage shall be shown on the plat. All signs shall comply with Chapter 23.
Article IV, Division 2, Signs of the Weld County Code.
7. The location of the existing septic system shall be located on the plat. The septic
system must be protected from all vehicle traffic. (Department of Health and
Environment)
8. Show and label the boundaries of the 100 -year floodplain. (Department of Public
Works)
9. Show and label all water storage areas. (Department of Planning)
10. 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)
11. The off-street parking spaces, including the access drive, shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent
drainage problems. (Department of Public Works)
2. Before Construction:
A. In the event that one (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 one (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)
3. Within 45 days after the first production the applicant shall submit evidence of an Air Pollution
Emission Notice (APEN) application from the Air Pollution Control Division (APCD), Colorado
USR13-0009, Richmark Energy Partners, LLC, Page 6
Department of Health and Environment. Alternately, the applicant can provide evidence from the
APCD that they are not subject to these requirements: (Department of Health and Environment)
4. 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)
5. 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)
6. 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)
USR13-0009, Richmark Energy Partners, LLC, Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHMARK ENERGY PARTNERS, LLC
USR13-0009
1. A Site Specific Development Plan and a Special Review Permit for an Oil and Gas production
facility (Up to 32 wells, 16 oil tanks, 2 water tanks, 10 separators) in the R-1 (Low Density
Residential) 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 Environmental Health)
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
Environmental Health)
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 Environmental Health)
6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Environmental Health)
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
Environmental Health)
8. The operation shall comply with Oil and Gas Conservation Commission Noise Regulations, Rule
802. (Department of Environmental Health)
9. The operation shall comply with all applicable oil and gas operations regulated by the Colorado
Oil and Gas Conservation Commission. (Department of Environmental Health)
10. In accordance with Colorado Oil and Gas Conservation Commission Rule 603, berms or other
secondary containment devices in high density areas shall be constructed around crude oil,
condensate, and produced water storage tanks and shall enclose an area sufficient to contain
and provide secondary containment for one -hundred fifty percent (150%) of the largest single
tank. Berms or other secondary containment devices shall be sufficiently impervious to contain
any spilled or released material. No more than two (2) crude oil or condensate storage tanks shall
be located within a single berm. (Department of Environmental Health)
11. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. (Department of Environmental Health)
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 Environmental Health)
13. The Spill Prevention, Control and Countermeasure Plan shall be made available at all times.
(Department of Environmental Health)
USR13-0009, Richmark Energy Partners, LLC, Page 8
14. Adequate toilet facilities (portable toilets) shall be provided during drilling/construction.
(Department of Environmental Health)
15. Bottled water shall be utilized for drinking and hand washing during drilling/construction.
(Department of Environmental Health)
16. 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 Environmental Health)
17. The facility shall utilize the existing public water supply (City of Greeley). (Department of
Environmental Health)
18. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Environmental Health)
19. 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)
20. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcel 0805-36-0-00-009 may not be able to
obtain building permits to construct non-agricultural structures. All construction or improvements
occurring in the floodplain as delineated on Federal Emergency Management Agency Flood
Insurance Rate Map (FIRM) Community Panel Map #080266-0628C dated September 28, 1982
and on the Flood Boundary and Floodway Map (FBFM) Panel #080266-003 dated September 28,
1990, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V,
Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as
described in 44 CFR parts 59, 60, and 65. (Department of Public Works)
21. Flood hazard development permits will be required for development activities located within the
FEMA mapped Cache La Poudre Floodplain. The FEMA definition of development is any man-
made change to improved or unimproved real estate, including by not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of
equipment and materials. (Department of Public Works)
22. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Public Works)
23. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4) Area
which may trigger specific water quality requirements or other drainage improvements if the lot
develops further. (Department of Public Works)
24. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
25. The applicant must take into consideration storm water capture/quantity and provide accordingly
for Best Management Practices. (Department of Public Works)
26. The applicant is required to comply with Weld County Code (Section 23-5 and 23-5-260-N)
requirements for anchoring oil and gas facilities located in floodplains and floodways where
applicable. (Department of Public Works)
27. The access drive shall consist of a graded and drained all-weather surface. (Department of
Public Works)
USR13-0009, Richmark Energy Partners, LLC, Page 9
28. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Countywide Road Impact Fee Program. (Ordinance 2011-2) (Department of Planning Services)
29. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8
Section 5-8-40) (Department of Planning Services)
30. The screening on site shall be maintained in accordance with the approved Screening Plan at all
times. (Department of Planning Service)
31. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code. (Department of Planning Services)
33. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
34. The Use By Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services. (Department of Planning Services)
35. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners. (Department of
Planning Services)
36. The property owner or operator shall comply with all applicable rules and regulations of State and
Federal agencies, including but not limited to the Colorado Oil and Gas Conservation
Commission rules and regulations, and the Weld County Code. (Department of Planning
Services)
37. Within 45 days after the first production the applicant shall submit evidence of an Air Pollution
Emission Notice (APEN) application from the Air Pollution Control Division (APCD), Colorado
Department of Health and Environment. Alternately, the applicant can provide evidence from the
APCD that they are not subject to these requirements. (Department of Health and Environment)
38. Open top, above -grade water storage tanks shall only be onsite during active drilling operations.
(Department of Planning Services)
39. 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.
USR13-0009, Richmark Energy Partners, LLC, Page 10
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. (Department of Planning
Services)
USR13-0009, Richmark Energy Partners, LLC, Page 11
April 29, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: tvjohnson@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3527
FAX: (970) 304-6498
MATHEWS ERIN
LAMP RYNEARSON & ASSOCIATES, INC.
4715 INNOVATION DR STE 100
FT COLLINS, CO 80525
Subject: USR13-0009 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL OR GAS PRODUCTION FACILITIES IN THE R-1 (LOW -DENSITY RESIDENTIAL)
ZONE DISTRICT.
On parcel(s) of land described as:
PT SVV4SE4 SECTION 36, T6N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 21, 2013, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 19, 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.weldcountyplannincicases-org
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: 2013.04.29 13:41:07 -06'00'
Tiffane Johnson
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: tvjohnson@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3527
FAX: (970) 304-6498
March 04, 2013
ERIN MATHEWS
LAMP RYNEARSON & ASSOICATES, INC.
4715 INNOVATION DR STE 100
FT COLLINS, CO 80525
Subject: USR13-0009 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL OR GAS PRODUCTION FACILITIES IN THE R-1 (LOW -DENSITY RESIDENTIAL)
ZONE DISTRICT.
On parcel(s) of land described as:
PT SW4SE4 SECTION 36, T6N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s) for their review and comments:
Greeley at Phone Number 970-350-9741
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.03.04 13:18:26 -07'00'
Tiffane Johnson
Planner
FIELD CHECK
Inspection Date: 05/11/13
Case Number:
Applicant:
Request:
Legal
Description:
Location:
Size of Parcel:
USR13-0009
Richmark Energy Partners, LLC
A Site Specific Development Plan and Special Review Permit for an Oil and Gas
Production Facility (32 wells, 16 oil tanks, 2 water tanks, 10 separators) in the R-1 (Low
Density Residential).
Part of the SW4SE4 Section 36, Township 6 North, Range 66 West of the 6th P.M.
Weld County, Colorado
North and adjacent to West C Street approximately 1800 feet west of the intersection of
23rd Avenue and West C Street.
5.24+/- acres
Parcel No.080536000009
Zoning
Land Use
N
Municipal -City of Greeley
Industrial Medium Intensity
N
Vacant
E
Weld County
R-1 Low Density Residential
E
Residential
S
Municipal- City of Greeley
High Density Residential
S
Residential- Axsom
Subdivision 1st Addition&
Norwood Subdivision 2nd
Filing
W
Weld County R-1 Low
Density Residential
W
Telecommunications Tower
COMMENTS:
To the west of the adjacent R-1 parcel is the Clover Creek Subdivision (R -H Residential High Density).
The subdivision is 540'± from subject parcel and falls outside of the 500' notification boundary. The
vacant parcel to the north has been annexed and zoned (I -M Industrial Medium Intensity) by Greeley is
for sale is a real estate sign has been posted. The Axsom Subdivision has an established landscape
buffer of juniper tree planning located south and adjacent to West C Street right of way.
Tiffane Johnson, Planner
Hello