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HomeMy WebLinkAbout20123285.tiff 1861 -2011 LAND USE APPLICATION SUMMARY SHEET WELL-COUNTY u Planner: Kim Ogle Hearing Date: November 6, 2012 Case Number: USR12-0051 Applicant: Anadarko E & P Company, LP 1099 18th Street, Denver, Colorado 80202 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including Oil and Gas Support and Service (Water Supply & Storage) in the A (Agricultural) Zone District Legal Description: East Half Section 23, T2N, R66W of the 6th P.M., Weld County Colorado Location: South of and adjacent to County Road 20; North of and adjacent to County Road 18 and 1.5 miles East of County Road 31 Size of Parcel: 320 Acres +/- Parcel No. 1309-23-0-00-004 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: E. Weld County Department of Building Inspection, referral dated September 6, 2012 E. Weld County Department of Public Works, referral dated September 7, 2012 E. Weld County Department of Public Health and Environment, referral dated September 17, 2012 E. State of Colorado, Division of Water Resources, referral dated September 24, 2012 E. City of Fort Lupton, referral received October 15, 2012 The Department of Planning Services' staff has received referral responses without comments from the following agencies: E. Weld County Zoning Compliance, referral dated September 4, 2012 E. Colorado Department of Transportation, email dated September 12, 2012 E. Fort Lupton Fire Protection District, referral dated September 20, 2012 The Department of Planning Services' staff has not received responses from the following agencies: E. School District RE-3J 0➢ Noble Energy, Inc. Or Anadarko Petroleum Corporation Or North Colorado Water Conversation Board Or Colorado Parks and Wildlife ANADARKO E&P COMPANY,LP. USR12-0051,page 1 1861 - 2011 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW 1 WELD_-COUNTY u Planner: Kim Ogle Hearing Date: November 6, 2012 Case Number: USR12-0051 Applicant: Anadarko E & P Company, LP 1099 18th Street, Denver, Colorado 80202 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including Oil and Gas Support and Service (Water Supply & Storage) in the A (Agricultural) Zone District Legal Description: East Half Section 23, T2N, R66W of the 6th P.M., Weld County Colorado Location: South of and adjacent to County Road 20; North of and adjacent to County Road 18 and 1.5 miles East of County Road 31 Size of Parcel: 320 Acres +/- Parcel No. 1309-23-0-00-004 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.C. A.Policy 3.3. states: "Land use regulations should consider the traditional and future operational viability of water-delivery infrastructure when applications for proposed land use changes are considered." The proposed facility will utilize excess water leased in 5- year increments, from the City of Aurora, Prairie Waters Project operations. The lease is temporary and would utilize excess water supply that allows the City of Aurora to efficiently manage the water system while realizing the value for excess water. The lease is for 1500 acre-feet of fully consumable water most typically reusable effluent with water delivery evenly distributed through the water year, either in the main stem of the South Platte River or through temporary use of water to be stored in Aurora's storage facilities. Additionally, 1200 acre-feet of water has been leased from Front Range Resources (Renew Resources). Delivery of the water will be via two 20 inch lines feeding the pond, buried at a minimum ANADARKO E&P COMPANY,LP. USR12-0051,page 2 depth of 4 feet outside the County Road right-of-way in an easement obtained from the adjacent landowners. The existing water tap will be a 1.5 inch water tap that will be upsized to a four (4) inch tap. The holding pond will be approximately 5.5 acres in size and will hold an estimated sixty (60) acre feet of water. Section 22-2-20.G. A.Goal 7. states "County land use regulations should protect the individual property owner's right to request a land use change." Section 22-2-20.G. 1. A.Policy 7.1. states "County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable. The proposed water storage facility will assist with Anadarko's drilling operations in the Wattenberg Field and will supply water for the drilling and hydraulic fracturing of oil and gas wells in the area. 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." The proposed facility is located approximately one (1) mile north and one mile southwest of the City of Fort Lupton and is bordered by County Road 20 to the North, County Road 18 to the South and 1.5 miles East of County Road 31. The facility will be located on a 320-acre parcel formerly utilized as the Warren Turkey Farm. The reclaimed site will utilize treated water released from the holding pond, pumped via pipeline to individual oil and gas operation areas for use. Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial development should pay its own way." Anadarko Petroleum Corporation, their affiliates and successors will be paying for all on-site and offsite improvements associated with this use as required through the Improvements Agreement. Section 22-4-30.A. WA.Goal.1 states "Support the development of water that is put to beneficial use, along with associated infrastructure." The proposed water storage and water conveyance piping network will provide a valuable and indispensable service to oil and gas operations conducted by Anadarko. The centralized location for water storage minimizes the removal of agricultural land from production. Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the rights of private property owners and the public health, safety and welfare, recognizing that these basic rights and protections allow the free market to prosper and grow the local economy. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for a Mineral Resource Development Facility including Oil and Gas Support and Service (Water Supply & Storage) as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The facility is located on a 320 acre tract of land that was most recently utilized for the Warren Farms 75,000 turkey facility. The Aristocrat Ranchettes residential subdivision is located approximately one-half mile to the southwest with all other lands in dryland agriculture and grazing lands. There are numerous existing oil and gas facilities and an equal number of new well sites with associated encumbrances proposed per the Colorado Oil and Gas Conservation Commission electronic datafile. In the immediate area, there are three residential structures within 500 feet of the property line, with higher ANADARKO E&P COMPANY,LP. USR12-0051,page 3 density development one-half mile (Aristocrat Ranchettes). Development Standards and Conditions of Approval will ensure that this use will be compatible with surrounding land uses. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the 3-mile referral for the City of Fort Lupton which returned a referral response dated October 15, 2012 indicating a request to discuss the potential for annexation. 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 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 proposed facility is located on soils designated as "Prime if they Become Irrigated" and "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The entire site has historically been the Turkey Farm, originally permitted in 1977 and recently vacated by Board of County Commissioner Resolution. The applicant has indicated that the approximate six (6) acre site will be removed from agricultural production, with the remaining lands maintained for a buffer from adjacent properties. 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. 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. SUMMARY OF USE: The proposed water storage facility will utilize leased treated water from the City of Aurora and Front Range Resources (Renew Resources). Delivery of the water will be via two 20 inch lines feeding the pond, buried at a minimum depth of 4 feet outside the County Road right-of-way in an easement obtained from the adjacent landowners. The water tap will be a four (4) inch tap and the sixty (60) acre feet water storage pond will be approximately 5.5 acres in size. Delivery of the treated water from the storage pond will be via twin 20 inch diameter HDPE pipes located on the Northeast side of the storage pond. The facility is proposed to operate 24 hours—7 days a week and will be utilized by Anadarko and their contractors only. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) B. All sheets of the plat shall be labeled USR12-0051. (Department of Planning Services) ANADARKO E&P COMPANY,LP. USR12-0051,page 4 C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) County Road 20 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 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) 3) County Road 18 is designated on the Weld County Road Classification Plan as a local paved road, which requires 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) 4) The facility has proposed one access for the site. Please show the approved access on the Plat and label them with the Access Permit number (will be provided). (Department of Public Works) 5) Show and label the 30 foot wide facility access road from County Road 20 shall be graded and drained to provide all-weather access with a minimum width of 20 feet for emergency responders shall be shown clearly on the plat. (Department of Public Works) 6) A vehicle tracking control pad consisting of a minimum of 50-feet in length, 20 feet in width, 3/4-inch rock, 6-inches in depth (Field Access to Gravel County Road) will be required to prevent tracking of material from the site in the way of mud or debris onto Weld County Roads. The Public Works standard tracking pad detail consists of back to back cattle guards. This site specific feature shall be delineated on the plat drawing across all traffic lanes. (Department of Public Works) 7) All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. (Department of Planning Services) 8) The applicant shall identify the 50-foot pipeline easement from County Road 20 into the proposed facility. The pipeline easement shall be referenced on the plat by the Weld County Clerk and Recorders reception number. (Department of Planning Services) ANADARKO E&P COMPANY,LP. USR12-0051,page 5 9) It is requested that the applicant screen at 50% the topography associated with the site. (Department of Planning Services) 10) The approved Lighting Plan. (Department of Planning Services) 11) The applicant shall identify the Public Service of Colorado Electric Transmission Line owner(s) and the respective easement(s) associated with the overhead Transmission Line(s). The electric utility service provider easement shall be referenced on the plat by the Weld County Clerk and Recorders reception number. (Department of Planning Services) 12) Oil and Gas encumbrances including gathering lines with appropriate setbacks shall be delineated on the plat. (Department of Planning Services) 13) All recorded Easements of record which encumber this site shall be delineated and referenced on the plat by the Weld County Clerk and Recorders reception number. (Department of Planning Services) D. The applicant shall address the requirements (concerns) of the Division of Water Resources, as stated in their referral response dated September 24, 2012. (Division of Water Resources Department of Planning Services) E. The applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. (Departments of Public Works) F. The applicant shall submit a Landscape Plan to address the temporary topsoil stockpile area, delineating the method used to control erosion via wind and weather elements. (Department of Planning Services) G. If exterior lighting is a part of this facility, all light standards shall be delineated in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. 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 sixty (60) 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) 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). Thisdigitalfilemaybesenttodhuerter@co.weld.co.us. (Department of Planning Services) ANADARKO E&P COMPANY,LP. USR12-0051,page 6 5. Prior to the Release of Building Permits: A. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) B. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 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 and Chapter 29 of the Weld County Code. (Department of Building Inspection) C. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) D. Building permits are required for buildings, structures and change of use for buildings which required permits before the beginning of construction or the proposed change of use. (Department of Building Inspection) E. A building permit will be required for any new construction, alteration, or addition to any building on the property. It is recommended that a code analysis be done on the project by a design professional with experience in this area. (Department of Building Inspection) F. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) G. A letter is required from the Fort Lupton Fire Protection District as to whether a fire permit will be required. (Department of Building Inspection) 6. One month prior to the start of 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. B. If more that 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 for 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. The erosion and sediment control plan set must be wet stamped, signed, and dated by a registered professional engineer licensed in the State of Colorado. Please note that the grading permit will not be released until the applicant has signed the improvements agreement, posted collateral, and submitted the USR plat for recording. Evidence of Department of Public Works approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) ANADARKO E&P COMPANY,LP. USR12-0051,page 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Anadarko Petroleum Corporation Gobbler Water Storage Facility USR12-0051 1. A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including Oil and Gas Support and Service (Water Supply & Storage) 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", at all times. (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 Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 9. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh water spills should be captured in above-ground containment areas for reuse or allowed to ANADARKO E&P COMPANY,LP. USR12-0051,page 8 infiltrate. There shall be no discharge from this process to surface waters or to the facility's stormwater management system, in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 10. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 11. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. As employees or contractors are on site for less than 2 consecutive hours a day portable toilets are acceptable. (Department of Public Health and Environment) 12. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 13. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the construction of the facility. (Department of Public Health and Environment) 14. Bottled water shall be utilized for drinking during construction of the project. (Department of Public Health and Environment) 15. There shall be no parking or staging of vehicles on County roads. (Department of Public Works) 16. 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 17. 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) 18. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 19. Weld County will not maintain on-site drainage related areas or medians. (Department of Public Works) 20. This is an unmanned facility with no personnel on site for periods exceeding two hours except in case of emergency. (Department of Planning Services) 21. This facility operates twenty-four hours/day 365 days per year. (Department of Planning Services) 22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties; and Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 23. 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) (Department of Planning Services) 24. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere ANADARKO E&P COMPANY,LP. USR12-0051,page. 9 to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning Services) 25. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) 26. Buildings 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 and Chapter 29 of the Weld County Code. (Department of Building Inspection) 27. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 28. Building permits are required for buildings, structures and change of use for buildings which required permits before the beginning of construction or the proposed change of use. (Department of Building Inspection) 29. A building permit will be required for any new construction, alteration, or addition to any building on the property. It is recommended that a code analysis be done on the project by a design professional with experience in this area. (Department of Building Inspection) 30. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 31. A letter is required from the Fort Lupton Fire Protection District as to whether a fire permit will be required. (Department of Building Inspection) 32. 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) 33. 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) 34. 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) 35. 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) 36. 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 ANADARKO E&P COMPANY,LP. USR12-0051,page. 10 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) 37. 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) 38. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, 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. ANADARKO E&P COMPANY,LP. USR12-0051,page. 11 a\ 1861 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE l .... \ GREELEY, CO 80631 I WEBSITE: www.co.weld.co.us 1 I\ E-MAIL: kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 October 19, 2012 NATHAN KEISER ANADARKO PETROLEUM COMPANY 1099 19TH STREET, ROOM 12011 DENVER, CO 80202 Subject USR12-0051 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND GAS SUPPORT AND SERVICE (WATER SUPPLY & STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT On parcel(s) of land described as: PART E2 SECTION 23, T2N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 6, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on November 28, 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.weldcou ntvol ann i n acases.ora If you have any questions concerning this matter, please call. Respectfully. DRiasolly n:Isigned mtheauthorofthise om Reason:Iamtheau Krohn this document Location:1555 N 17th Ave Date:2012.10.19 08:4551 -06'00' Kim Ogle Planner 1861 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE •I ' r GREELEY, CO 80631 WEBSITE: www.co.weld.co.us �• E-MAIL: kogle@co.weld.co.us PHONE: (970) 353-6100,Ext. 3549 G 0 FAX: (970)304-6498 August 31, 2012 NATHAN KEISER ANADARKO PETROLEUM COMPANY 1099 19TH STREET, ROOM 12011 DFNVFR CO 80707 Subject USR12-0051 -A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILIILTY, INLCUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER SUPPLY & STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT. On parcel(s)of land described as: PT E2 SECTION 23, T2N, 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: Fort Lupton at Phone Number 303-857-6694 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, Dr n, R ion:1amthgned by authorofth ndom Reason:lamtheautho�ofthadocument Location:1555 N 17th Ave L te:2012.08.311335:13-06'00 Kim Ogle Planner FIELD CHECK INSPECTION DATE:OCTOBER 23, 2012 CASE NUMBER: USR12-0051 HEARING DATE: NOVEMBER 6, 2012 APPLICANT: ANADARKO E &P COMPANY, LP 1099 18TH STREET, DENVER,COLORADO 80202 REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND GAS SUPPORT AND SERVICE (WATER SUPPLY &STORAGE) IN THE A(AGRICULTURAL)ZONE DISTRICT LEGAL DESCRIPTION: EAST HALF SECTION 23,T2N, R66W OF THE 6TM P.M.,WELD COUNTY COLORADO LOCATION: SOUTH OF AND ADJACENT TO COUNTY ROAD 20; NORTH OF AND ADJACENT TO COUNTY ROAD 18 AND 1.5 MILES EAST OF COUNTY ROAD 31 SIZE OF PARCEL: 320 ACRES+/- PARCEL NO. 1309-23-0-00-004 ZONING LAND USE N AGRICULTURE N DRYLAND AGRICULTURE E AGRICULTURE E DRYLAND AGRICULTURE S AGRICULTURE S DRYLAND AGRICULTURE W AGRICULTURE W DRYLAND AGRICULTURE COMMENTS: THIS IS A FORMER TURKEY FARM WITH MULTIPLE TURKEY SHEDS,TWO MOBILE HOMES AND ONE STICK BUILT STRUCTURE !RE LOCTED IN THE SOUTH H!LF OF THE SECTON. IN GENER!L THE PROPERTY'S STRUCTURES !RE UNSECURED AND HAVE BEEN VANDALIZED. A SINGLE POINT OF INGRESS AND EGRESS FROM COUNTY ROAD 18 THERE IS NO ACCESS FROM COUNTY ROAD 35 AND ACCESS IS FROM CR 2O TO THE NORTH. ACCESS AND INTERNAL ROAD IS A WELL MAINTAINED ALL WEATHER ROAD. INTERNAL ACCESS ROUTES FOR THE TURKEY FARM ARE ERODED DUE TO WIND AND WATER. THERE IS SUBSTANTIAL OIL AND GAS ACTIVITY ON-SITE, SOME AREAS ARE UNDER CONSTRUCTION WITH NEW PIPING AND EQUIPMENT SETS. NO RIGS ON SITE DURING THE SITE VISIT. HEAVY TRUCK HAULING ACCESSING FROM NORTH SIGNATURE ❑ HOUSE(S) ❑ DERELICT MOBILE HOMES(2) ❑ ACCESS TO PROPERTY ❑ DERELICT OUTBUILDING(S) ❑ OUTBUILDINGS ❑ OIL&GAS STRUCTURES ❑ SITE DISTANCE ❑ TOPOGRAPHY ❑ NON-COMMERCIAL JUNKYARD(LIST COMPONENTS): TIRES,WOOD, HOUSEHOLD TRASH, INSULATION,TIN NOTE ANY COMMERCIAL BUSINESS/COMMERCIAL VEHICLES THAT ARE OPERATING FROM THE SITE. Hello