HomeMy WebLinkAbout20123408.tiff -at-sae
r,! — LAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman
Case Number: USR12-0057 Hearing Date: October 16, 2012
Applicant: Wattenburg Holding, LLC C/O Kevin Trenski - Eckel &Associates, Inc. & Noble Energy—
Peter Richards
Address: Eckel &Associates - 1757 Broadway St, Suite 3, Oviedo, FL 32765
Noble Energy- 2115 117th Avenue, Greeley, CO. 80634
Request: A Site Specific Development Plan and Use by Special Review Permit for a mineral
resource development facility including an oil and gas support facility and oil and gas
storage facility (Crude oil central processing facility along with an oil storage facility, tank
& pipeline storage and water recycling) in the A (Agricultural) Zone District.
Legal Description: Lots A and B of RE-2676; located in part of the NE4 of Section 21; NW4 of Section 22;
all in T6N R63W of the 6th PM, Weld County Colorado.
Location: South of and adjacent to the intersection of County Road 67 and County Road 68.
Size of Parcel: +/- 183 Acres (Operations Area: +/- 61 acres)
Parcel Number: 0799 21 100016, 0799 21 100017, 0799 22 200014
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
Without Comments:
Weld County Zoning Compliance, referral received 8/13/2012
With Comments:
Weld County Department of Public Works, referral received 9/11/2012 &9/20/2012
Weld County Department of Public Health & Environment, referral received 9/10/2012
Weld County Department of Building Inspection, referral received 8/24/2012
West Greeley Soil Conservation District, referral dated 9/24/2012
The following agencies have not responded:
Emergency Management Office
Colorado Division of Water Resources
Colorado Parks&Wildlife
Colorado Oil &Gas Conservation Commission
Galeton Fire Protection District
Weld County Sheriff's Office
USR12-0057, Wattenberg Holding, LLC & Noble Energy, Page 1
a lE
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman
Case Number: USR12-0057 Hearing Date: October 16, 2012
Applicant: Wattenberg Holding, LLC C/O Kevin Trenski - Eckel & Associates, Inc. & Noble Energy-
Peter Richards
Site Address: Eckel &Associates- 1757 Broadway St, Suite 3, Oviedo, FL 32765
Noble Energy- 2115 117th Avenue, Greeley, CO. 80634
Request: A Site Specific Development Plan and Use by Special Review Permit for a mineral
resource development facility including an oil and gas support facility and oil and gas
storage facility (crude oil processing facility along with oil storage facility, tank & pipeline
storage and water recycling) in the A (Agricultural) Zone District.
Legal Description: Lots A and B of RE-2676; located in part of the NE4 of Section 21; NW4 of Section 22;
all in T6N R63W of the 6th PM, Weld County Colorado.
Location: South of and adjacent to the intersection of County Road 67 and County Road 68.
Size of Parcel: +/- 183 acres(Operations area: +/- 61 acres)
Parcel Number: 0799 21 100016, 0799 21 100017, 0799 22 200014
Description of Use: As stated in the application materials, Noble Energy wells in the vicinity will be
conveying oil, water and gas to this central processing facility via pipelines. From this site gas will be sent
to a nearby compressor station and pipeline and oil will be sent to the proposed Wattenberg Holding
storage facility that is proposed for this site. The applicant also proposes a non-commercial water
recycling component to handle water separated out from the oil. The specific plans for the water recycling
facility have not been designed/submitted and will require review and approval by the Colorado Oil and
Gas Commission and County Agencies prior to construction of the facility. The applicant is also proposing
a storage area for tanks and pipes for onsite and offsite projects (new equipment).
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.2. A.Policy 7.2. states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject
site is in an area that can support such development, and should attempt to be
compatible with the region."
USR12-0057, Wattenberg Holding, LLC & Noble Energy, Page 2
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."
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."
22-2-100 A.2. OG.Policy 1.2. states: "Oil and gas support facilities which do not rely on
geology for locations should locate in commercial and industrial areas, when possible,
and should be subject to review in accordance with the appropriate sections of this
Code."
The proposed oil and gas support facility is located in a rural area. The nearest residence
is located approximately 'A mile to the west of the site. 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 -- The proposed use is consistent with the intent of the Agricultural
(A) Zone District. Section 23-3-40.A.2 of the Weld County Code allows oil and gas
support facilities as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is located in a rural area. The nearest residences
are located approximately 'A mile to the west of the site. 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.
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 3 miles of an incorporated
municipality.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Effective April 25, 2011, 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)
Effective April 25, 2011, 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. The facility is
proposed to be located on land designated as "Other" according to the according to the
Prime and Important Farmlands Map of Weld and Larimer Counties.
G. Section 23-2-220.A.7—There are adequate provisions for the protection of health, safety,
and welfare of the inhabitants of the neighborhood and County.
USR12-0057, Wattenberg Holding, LLC & Noble Energy, Page 3
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 amended to delineate the following:
1. All sheets of the plat shall be labeled USR12-0057. (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 23-3-350.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 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. CR 68 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. 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. Show the approved access(es) on the Plat and label with the approved access
permit number (will be provided). (Department of Public Works)
7. The approved Lighting Plan. (Department of Planning Services)
8. Setbacks from plugged and abandoned oil and gas wells. (Department of
Planning Services)
9. Setbacks from existing producing oil and gas wells and wellheads. (Department
of Planning Services)
10. Revise the plat map. The oil tanks to the west of the eastern boundary of Lot A
RE-2676 shall meet the minimum setback of 1 foot per every 3 feet of tank
height. (Department of Planning Services)
11. The approved Sign Plan. (Department of Planning Services)
B. The applicant shall address the requirements of the Weld County Department of Public
Works as stated in their referral dated September 10 & September 20, 2012. The applicant
shall address the following requirements:
1. An improvements agreement including collateral for all on-site and off-site
improvements is required for this site. The improvements agreement and collateral
shall be accepted by the Board of County Commissioners prior to recording the plat.
(Department of Public Works)
USR12-0057, Wattenberg Holding, LLC & Noble Energy, Page 4
2. Submit a drainage report that follows the USR-SPR Drainage Report Checklist 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 for review and
approval by the Department of Public Works. Include the water recycling facilities in
the revised Drainage Report for this site. (Department of Public Works)
3. The applicant will need to address how the water recycling component will affect the
traffic narrative provided with the original application. The original application has
very minimal traffic after construction. Please provide a narrative detailing the traffic
expected for the water recycling component. (Department of Public Works)
C. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS)from
the Water Quality Control Division of the Colorado Department of Health and Environment
for any proposed discharge into State Waterways, if applicable. (Department of Public
Health & Environment)
D. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site. Alternately, the applicant can provide
evidence from the (CDL&E), Oil Inspection Section that they are not subject to these
requirements. (Department of Public Health & Environment)
E. A Spill Prevention Control and Countermeasure plan shall be submitted to Weld County
Department of Public Health and Environment (WCDPHE). (Department of Public Health &
Environment)
F. The applicant shall submit information on the final disposition of the separated water
stream. (Department of Public Health & Environment)
G. The applicant shall submit to the Department of Planning Services with a Lighting Plan for
review and approval. (Department of Planning Services)
H. The applicant shall submit a Sign Plan to the Department of Planning Services, for all
Facility identification signs, including location and size. (Department of Planning Services)
An executed lease agreement between Noble Energy and Wattenburg LLC shall be
provided to the Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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 6/12/2012, should the plat not
be recorded within the required one-hundred twenty (120) days from the date the Board of
County Commissioners resolution a $50.00 recording continuance charge shall added for each
additional 3 month period. (Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
USR12-0057, Wattenberg Holding, LLC & Noble Energy, Page 5
5. 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 unless a stipulated agreement for early release of building and/or
electrical permits is approved. (Department of Planning Services)
6. Prior to Construction:
A. Building permits will be required for the Oil and Gas Support and Service Facility and
associated buildings and equipment. 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. A geotechnical
engineering report performed by a registered State of Colorado engineer shall be required or
a open hole inspection. (Department of Building Inspection)
B. 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: 2006 International Building Code; 2006 International Mechanical Code; 2006
International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas
Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code the 2006
International Plumbing Code. and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
C. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
D. 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)
E. 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)
USR12-0057, Wattenberg Holding, LLC & Noble Energy, Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Noble Energy and Wattenberg, LLC
USR12-0057
1. A Site Specific Development Plan and Use by Special Review Permit for a mineral resource
development facility including an oil and gas support facility and oil and gas storage facility (oil
and gas central processing facility along with an oil storage facility, tank & pipeline storage and
future water recycling) in the A (Agricultural) Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of full-time of on-site employees shall be limited to two (2) as stated in the
application materials. (Department of Planning Services)
4. The facility operates twenty-four (24) hours a day, seven (7) days a week. (Department of
Planning Services)
5. Specific plans for the non-commercial water recycling facility will be required to be submitted and
reviewed by Weld County and the Colorado Oil and Gas Commission. The water recycling facility
component may require a minor amendment to this USR.
6. 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 &
Environment)
7. 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
& Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health &
Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health & Environment)
10. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health & Environment)
11. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations. (Department of Public Health & Environment)
12. 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 & Environment)
13. 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 & Environment)
14. The operation shall comply with all applicable oil and gas operations regulated by the Colorado
Oil and Gas Conservation Commission. (Department of Public Health & Environment)
USR12-0057, Wattenberg Holding, LLC & Noble Energy, Page 7
15. 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. Alternative protective measures may be allowed
provided they comply with the Colorado Oil and Gas Conservation Commission regulations.
(Department of Public Health & Environment)
16. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. (Department of Public Health & Environment)
17. 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 &
Environment)
18. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. Portable toilets and Bottled water are allowed when 2 or less full time (40 hour
week) employees are located on site. (Department of Public Health & Environment)
19. 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 & Environment)
20. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health & Environment)
21. A building permit shall be obtained prior to the construction of any new structures. Currently the
following has been adopted by Weld County: 2006 International Building Code; 2006 International
Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the
2011 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
22. Provide letter of notification from the Galeton Fire Protection District prior to any new
construction. (Department of Building Inspection)
23. Effective April 25, 2011, 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)
24. Effective April 25, 2011, 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)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
27. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (Department of
Planning Services)
USR12-0057, Wattenberg Holding, LLC & Noble Energy, Page 8
28. 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)
29. 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)
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.
31. The historical flow patterns and runoff 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. 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.
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.
36. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with 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
USR12-0057, Wattenberg Holding, LLC & Noble Energy, Page 9
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.
USR12-0057, Wattenberg Holding, LLC & Noble Energy, Page 10
H N DEPARTMENT OF PLANNING SERVICES
$6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
p - i FAX: (970)304-6498
r
September 26, 2012
Kevin Trenski
SemGroup
1757 W. Broadway St., Suite#3
Oviedo, FL 32765
Subject: USR12-0057 - A Site Specific Development Plan and Use by Special Review Permit for a
mineral resource development facility including an oil and gas support facility and oil and gas storage
facility (oil and gas central processing facility along with an oil storage tank and future water recycling) in
the A (Agricultural)Zone District.
On parcel(s)of land described as:
Part of the NE4 of Section 21; NW4 of Section 22; All in T6N, R63W of the 6th P.M., Weld County,
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 16, 2012, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 7, 2012
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.weldcountyplann ingcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
N DEPARTMENT OF PLANNING SERVICES
i i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
r WEBSITE:www.co.weld.co.us
� E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
� ti' FAX: (970)304-6498
August 13, 2012
Kevin Trenski
SemGroup
1757 W. Broadway St., Suite#3
Oviedo, FL 32765
Subject: USR12-0057 - A Site Specific Development Plan and Use by Special Review Permit for a
mineral resource development facility including an oil and gas support facility and oil and gas storage
facility (oil and gas central processing facility along with an oil storage tank) in the A (Agricultural) Zone
District.
On parcel(s)of land described as:
Lot A RE-2676; Part NE4 Section 21, T6N, R63W of the 6th P.M., Weld County, Colorado.
NW4 Section 22, T6N, R63W of the 6th P.M., Weld County, Colorado.
PT NE4 Section 21, T6N, R63W LOT B REC EXEMPT RE-2676 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
AGREEMENT BETWEEN WELD COUNTY. COLORADO, AND NOBLE ENERGY INC.,
FOR THE EARLY RELEASE OF GRADING PERMIT GRD12-0043
THIS AGREEMENT ("Agreement") is made and entered into this day of
November, 2012, by and through the County of Weld, State of Colorado ("County"), acting
through the Department of Planning Services, and Noble Energy Inc. ("Noble"), whose address
is 2115 117`" Avenue, Greeley CO 80634.
RECITALS
WHEREAS, Steven & Theresa Wells and Wells Ranch LLLP, is the owner of real
property described as Lot A and Lot B of Recorded Exemption 2676, located in Part of the NE4
of Section 21; and the NW4 of Section 22; all three parcels are located in T6N, R63W of the 6th
P.M., Weld County, CO (hereinafter "Property"); and
WHEREAS, Steven & Theresa Wells and Wells Ranch LLLP, has leased the Property to
Noble Energy Inc., which has applied for a Use by Special Review Permit for a mineral resource
development facility including an oil and gas support facility and oil and gas storage facility
(Crude oil truck unloading and oil polishing facility, compressor facility, central processing
facility, tank & pipeline storage, and future water recycling facility) in the A (Agricultural) Zone
District under case # USR12-0057; and
WHEREAS, Noble Energy Inc., has applied for a grading permit under permit
application# GRD12-00043 for 59.931 acres of Site Preparation for USR12-0057; and
WHEREAS, The Weld County Planning Commission recommended approval of USR12-
0057 at their October 16, 2012 hearing; and
WHEREAS, The Weld County Board of County Commissioners' hearing for USR12-
0057 was originally scheduled for November 7, 2012;
WHEREAS, The Weld County Board of County Commissioners hearing for USR12-
0057 has been continued until December 12, 2012;
NOW, THEREFORE, in consideration of the foregoing, County consents to the early
release of Grading Permit #GRD12-0043, prior to Board of County Commissioners approval of
USR12-0057 and prior to finalizing conditions of approval for USR12-0057 and submitting the
USR12-0057 plat for recording to Noble Energy, Inc. Noble Energy Inc. agrees to conduct the
work pursuant to GRD12-00043 in accordance with the following:
1. The above recitals are incorporated herein by reference.
2. Any work conducted related to grading permit GRD12-00043 shall be conducted in
accordance with all approved permits plans, and applicable laws and regulations.
1
3. With the exception of the improvements applied for under GRD12-00043, no additional
improvements shall occur until the Owner is granted appropriate building permits.
4. Staging or parking trucks on the travel lanes of the public roads adjacent to the Property
is prohibited. Nuisance conditions, including, but not limited to, mud and puddles on
roads, are to be prevented and immediately addressed by Owner, at Owner's sole
expense, to the County's reasonable satisfaction.
5. Owner shall be responsible, at Owner's sole expense, for excavating, repairing, or
patching any damage resulting from ingress or egress to the Property from adjacent
roadways located in the County. The County shall be consulted prior to any work being
conducted on any County road. The type and method of repair will be determined by the
County and must be performed and completed to the County's reasonable satisfaction.
6. Should USR12-0057 be approved by the Weld County Board of Commissioners, Noble
Energy Inc., shall have one-hundred and twenty (120) days from the date of approval of
USR12-0057 by Weld County Planning Department staff to complete the conditions of
approval and have a plat ready for recording.
7. Noble Energy Inc. acknowledges that USR12-0057 has not been approved by the Board
of County Commissioners and that any grading improvements done prior to the
December 12, 2012 Board of County Commissioners hearing is at their own risk.
8. Failure by Owner to adhere to the terms and conditions of this Agreement, as solely
determined by the County, may, at the County's sole discretion, result in the termination
of this Agreement. In the event this Agreement is so terminated, Owner shall have Sixty
(60) days to remove all improvements that do not conform to the Weld County Code and
to return the Property to the condition it was in prior to the execution of this Agreement.
Failure to do so within the Sixty (60) day period may result in prosecution for violations
of the Weld County Code.
Signed this day of November, 2012. Noble Energy, Inc.
Weld County Department of Planning Services /By: ' %
By: � "` � Title: Attorney-in-Fact
Tom Parko - Director
2
FIELD CHECK inspection dates : 10/5/2012
APPLICANT : Wattenberg Holding , LLC C/O Kevin Trenski - Eckel & Associates , Inc. & Noble Energy -
Greg Pickerel
CASE # : USR12-0057
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a mineral resource
development facility including an oil and gas support facility and oil and gas storage facility
(Crude oil central processing facility along with an oil storage facility, tank & pipeline storage
and water recycling) in the A (Agricultural) Zone District.
LEGAL : Lots A and B of RE-2676 ; located in part of the NE4 of Section 21 ; NW4 of Section 22 ; all
in T6N R63W of the 6th PM , Weld County Colorado .
LOCATION : South of and adjacent to the intersection of County Road 67 and County Road 68 .
PARCEL ID # : 0799 21 100016 , 0799 21 100017 , 0799 22 200014
ACRES : +1- +1- 183 Acres (Operations Area : +/- 61 acres)
Zoning Land Use
N A N Rural Land
E A E Rural Land
S A S Rural Land
W A W Rural Land
COMMENTS :
Nearest residences located approximately 1/2 mile west of the site .
dA„:44 _5:$4 iltev‘a.4.-....._
Chris Gathman - Planner Ill
Hello