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HomeMy WebLinkAbout20112971.tiff RESOLUTION RE: ACCEPT REQUEST OF ENCANA OIL AND GAS (USA), INC., TO WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND FOURTH AMENDED USE BY SPECIAL REVIEW PERMIT#589 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING AN OIL AND GAS STORAGE FACILITY(CRUDE OIL STORAGE),AND AN OIL AND GAS SUPPORT AND SERVICE FACILITY(NATURAL GAS PROCESSING, LAND FARMING, OFFICE USE, STORAGE, PIPE FABRICATION, RESEARCH AND DEVELOPMENT LAB,AND MEASURING EQUIPMENT REPAIR AND CALIBRATION) IN THE A (AGRICULTURAL) ZONE DISTRICT, AND RESCIND RESOLUTION #2008-0495, DATED FEBRUARY 27, 2008 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on February 27, 2008, the Board approved the application of Encana Oil and Gas (USA), Inc., 370 17th Street, Suite 1700, Denver, Colorado 80202, for a Site Specific Development Plan and Fourth Amended Use by Special Review Permit#589 for a Mineral Resource Development Facility, including an Oil and Gas Storage Facility(crude oil storage), and an Oil and Gas Support and Service Facility (natural gas processing, land farming, office use, storage, pipe fabrication, research and development lab, and measuring equipment repair and calibration) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption #1595, and part of Lot A of Recorded Exemption#641; being part of the SE1/4 of Section 28, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on November 14, 2011, the Board was presented with a letter, dated November 7, 2011,from Dale Hayhurst on behalf of Encana Oil and Gas(USA), Inc., requesting the withdrawal of the application for the additional uses of a land farm, a compressor station, or the rebuilding of the original processing plant, stating the uses approved under Second Amended USR#589 will continue to apply to the property, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and all of the exhibits and evidence presented in this matter and, having been fully informed, accepts said request for withdrawal, and WHEREAS, after review, the Board deems it advisable to grant Encana's request and thereby accept the withdrawal of the application and to rescind Resolution #2008-0495, dated February 27, 2008. (t : H L 2011-2971 Ia_i_ ll PL0025 ACCEPT WITHDRAW REQUEST AND RESCIND RESOLUTION#2008-0495(4TH AMUSR#589) - ENCANA OIL AND GAS (USA), INC. PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Encana Oil and Gas (USA), Inc., to withdraw the application for a Site Specific Development Plan and Fourth Amended Use by Special Review Permit#589 for a Mineral Resource Development Facility, including an Oil and Gas Storage Facility (crude oil storage), and an Oil and Gas Support and Service Facility (natural gas processing, land farming, office use, storage, pipe fabrication, research and development lab, and measuring equipment repair and calibration) in the A (Agricultural)Zone District, on the parcel of land described above be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Resolution #2008-0495, dated February 27, 2008, be, and hereby is, rescinded. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of November, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: .(, -CiC_ ' tLt/ice E ��""+►�Barbara Kirkmeyer, C,hair / Weld County Clerk to the Boar' t 1.,4 � - �, ✓ I s'4,...i.1,, P C. , - Pro-Tem O)— Ias BY: . .LW ���!u i 4� ' , Deputy (4'-rk to the Bomar. ! J4C" I',.'_ „ A.: (1')1 �F\ nliam F. Garcia APPROVED A FORM: �-/ C David E. Long County Attorney aa3 ��c Jet c-/1"---) �— ' DII gla'sRa -demaclher Date of signature: IQ-7—/I 2011-2971 PL0025 encana. IlktIt11:_i.•-- S November 7,2011 Department of Planning Services Attn: Chris Gathman 1555 North 17th Avenue Greeley, Colorado 80631 RE: Use by Special Review Application for 41h Amendment to USR 589 for a portion of the SE Section 28 Ti N- R67W Dear Mr. Gathman, At this time, Encana Oil &Gas(USA) Inc. ("Encana")no longer proposes to use our Wattenberg facility on the above described lands for the operation of a land farm, a compressor station, or the rebuilding of the original processing plant, all of which were part of the application for the 4th Amendment to USR 589. Therefore Encana wishes to withdraw the application for the 4"'Amendment to USR 589. The 3rd Amended USR 589 will continue to apply to the property. At this time we plan to continue our current usage on this property, which includes occupying and using the office from time to time, outside storage of oil field equipment, a staging area for various projects, use of the warehouse for inside storage, and our field measurement testing and calibrations building, all of which are permitted under the existing 3rd Amended USR 589. Should you have any questions or need any additional information, please feel free to contact us at any time. Thank you. tle'- s+uA s 3rdsm h u+ G, s G't+t7 Encana a (USA)Inc. et-kd tKdIAm,,,� - *5&9 MaSt Yc cent' Dale Hayhurst re carol e p anf r Pa Land Negotiator tes can � � (JSQS — Eirzwy Republic Plaza 370-17 Street,Suite T700 Denver,Colorado United States 80202 303.023.2300 30: 2011-2971 • • • DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT y 1 8 6 1 - 2 0 1 1 1555 N. 17th Avenue T Greeley, CO 80631 . Public Health i Web: http://www.co.weld.co.us/departments/healthenvironmenV j HealthRecords Administration Public Heanh6Clinical Environmental ntal Health Communication,al ion, Emergency Preparedness W E L DEC O U N T Y le 910.30 Services Services EduTele.9lon 6.6470 Planning & lResponse970 / Tele:970.304 6410 Tele 970 304.6420 Tele 970.304.6415 Tele.970 304.6470 Tale 970.304.6420 ' Fax: 970 304.6412 Fax'. 970 304.6416 Fax: 970304.6411 Fax: 970.304 6452 Fax: 970.304.6469 Our vision:Together with the communities we serve,we are working to make Weld County the healthiest place to live.learn.work ano lay I November 3, 2011 Mr. Matthew Harrison Environmental Coordinator—DJ Basin EnCana Oil &Gas(USA) Inc. 3601 Stagecoach Road North Longmont, CO 80504 • EnCana Oil &Gas(USA), Inc.,Soil Remediation Facility—2ad Semi-annual Inspection 2011 I Dear Mr. Harrison: On October 25,2011, the Weld County Dept. of Public Health & Environment and Department of Planning Services condu6fed a routine inspection of the EnCana Oil &Gas(USA), Inc., Wattenberg Land Treatment Facility, located at 1245 Weld County Road 19, Weld County,Colorado. The purpose of the inspection was to assess the facility's compliance with 4th Amended Use by Special Review Permit#589(41h AmUSR-589)and the Weld County Code. There was no soil treatment taking place at the facility and as discussed, Encana may submit a request to change environmental monitoring frequency to perform environmental monitoring semi-annually(both soil and groundwater monitoring). The Department would also allow the cessation of soil sampling beneath the treatment area during periods of inactivity, provided that after a•period of inactivity and resumption of soil treatment, soil samples are collected for two sampling periods, prior to again ceasing soil sampling due to inactivity. The Department's approval of a change in groundwater monitoring frequency' from quarterly to semi-annual would also be dependent upon Colorado Oil &Gas Conservation Commission concurrence. i The plat for 4th AmUSR-589 has not been recorded. Health Department related prior to recording the plat condition numbe I. J. still needs to be satisfied. Per our discussions,Encana may record the plat or vacate the use. Provide attachment referenc�ied under the Storm Water Containment Structure & Capacity section of your Design & Operations Plan for the facility that was to consist of plans stamped and signed by a Colorado Licensed Professional Engineer that demonstrate stormwater run-on and irun- off controls for the treatment area have been designed per COGCC Rule 908 b. (5) E. The Department would also accept a signed and stamped document from the CO PE stating the same. In addition, the Department of Planning Services requires the submittal of an updated accurate plat map and screening plan. Please contact Chris Gathman of the Weld County Department of Planning Services at(970)353-6100,ext. 3537 for information regarding recording or vacating 4thAmUSR-589 and see the attached letter,dated October 17, 2011. i If you have any questions regarding this matter, please contact me at(970) 304-6415,ext. 2219. ii Sincerely, i Troy E. Swain Waste Program Coordinator I Environmental Health Services I cc: Alex Fischer,COGCC(via e-mail) • Chris Gathman,Weld County Dept.of Planning Services(via e-mail) County Department of Planning Services, Attn: Chris Gathman, 1555 N 171 Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Chris Gathman Planner III October 17, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (4`h AMUSR-589) Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave W E L D___-C O U N T Y Greeley, CO 80631 cgathman@co.weld.co.us 3540 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 October 17, 2011 Encana Oil & Gas (USA) Inc. C/O K E Andrews & Company 3615 Huron Street Suite 200 Englewood, CO 80110 Fred Otis Otis Goan & Peters 1812 59th Avenue, 2nd Floor Greeley, CO 80634 Subject: 3r° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, 4m AMUSR-589. Dear Applicant: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received two other letters from me in August, 2011 and September, 2011 concerning the same topic. On February 28, 2008, your application for a Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by November 14, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on November 14, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, 4th AMUSR-589 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Chris Gathman Planner Ill October 16, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (4th AMUSR-589) Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date SEN s E': C•M'LETE THIS SECTI•N C•M•LETE THIS SECTI•N •N •ELIVE"Y • Complete items 1,2,and 3.Also complete A. •atureit „A' Agent Agent em 4 if Restricted ame Delivery is desired. �( - /❑`Addressee • Print your name and address on the reverse so that we can return the card to you. B.geceived by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, J, ' �` �;,yy // or on the front if space permits. � ����1n�� 11 1. Article Addressed to: E Ctf li �5'�"°'ow:19 No t cr S O Ai s .5 ?cam act 21 7011 f vtot; IB1Z Sir p�;�`{ lT` �© 3. Service Type`� ) 1 Certified Mall O Express Mail ❑ Registered O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number __ X002 6777 3930 (Transfer from service label) ' `•—— __ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service'r,, m CERTIFIED MAIL. RECEIPT r (Domestic Mail Only;No Insurance Coverage Provided) m F r•elivery lnf rmetl.nvisit•urwe•siteet www.us•s.C.me N N N `n Postage $ fD O Certified Fee Postmark CI O Return Receipt Fee (Endorsement Required) Here O Restricted Delivery Fee - C (Endorsement Required) C C Total Postage&Fees .I3 Sent To n(l 1 �I 1 11 '' O rcc1 b'11 S-(JDs �w 4 Pc'ks O N Street,Apt No.; ',$i Z Self . rt V — orPOBarNo. IN �'�/s2 , City.State,ZIP+4 (cr, .tc\c..8- , CO "a CAO-SH PS Form 3800,June 2002 See Reverse for Instructions • SENDER: COMPLETE THIS SECTION CO^APi ETE TH:S SECTI•N IN •EuvE•Y • Complete items 1,2,and 3.Also complete A. Sig0 item 4 if Restricted Delivery is desired. ❑Age Agent t • Print your name and address on the reverse ressee so that we can return the card to you. B. R--- A (Prin:•Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. C \ Tr Yes slivery r.. : 1. Article Addressed to: If YES,enter delivery address below: No ccv 4 C\n� f! Gc.s(OSA)-1"c. OCT 20 2011 C,(O k E A-v(c^ os a Can Weld Corr::) g Department 3(OIS J a '\'., ,,r-k2oo rRFFi i=\/ nFPIrR Woo 1 CO. <30 0 3. Service Type XCertffied Mail ❑Express Mail ❑Registered O Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7006 0810 0002 6777 3923 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt to2s95.02-M-1640 U.S. Postal Service,. ti CERTIFIED MAIL. RECEIPT o- (Domestic Mail Only;No Insurance Coverage Provided) m F.r delivery inf.rmati•n visit•ur we•site at www.us•s.c- N N Postage $ fLl Certified Fee PostmarkReturn Receipt (Endorsement Required) Here CI Restricted ery Fee - C (Endorsement Delivery Required) e0 O Total Postage&Fees $ -u /o Sent To O Ccz Or It G7F5 (U5r1) Sv,C, N Street,Apt.No.; or PO Box No. 3(CIS S` tat't 5v 2.CX) City,State,ZIP+4 Cc tO((O ���(9.ww�(r • • Chris Gathman From: Chris Gathman Sent: Friday, October 14, 2011 1:31 PM To: 'Fred Otis' Subject: FW: Encana USR Attachments: ecs.servlet50.pdf; 20080502.tif; Partial Vacation of Encana correspondence Fred, I have reviewed the plat and sent the following comments to the surveyor. I also re-forwarded a message to Dale Hayhurst with Encana re: preparing the partial vacation plat for 2"d AMUSR-589. In my last conversation with— Dale—he indicated that Encana would not be proceeding with their USR (4'h AMUSR-589) and would be withdrawing this application. I have not received anything in writing from Encana stating that this would be the course of action that they will take. Have you heard anything? If Encana does in fact withdraw their USR, then they will not have to address the items in my message below, they will only have to address the partial vacation plat outlined in my"Partial Vacation of Encana correspondence" attachment. Let me know if you have any questions. Sincerely, Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 * 1a r u Wk • n� •co. v - , Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman Sent: Wednesday, October 05, 2011 9:14 AM To: 'Mathew Selders' Cc: 'Hayhurst, Dale' Subject: RE: Encana USR Matt, 1 • • Sorry for the delay. I have been trying to catch up on everything after I got back. I have reviewed the plat and have the following changes: 1) Remove any accesses not located within the boundaries of the USR on the plat. 2) Modify the legal description to match the description of the Special Use Permit: "Lot B of RE-1595 and Part of Lot A RE-641; located in Part of the SE4 of Section 28,T1N, R67W of the 6"' PM, Weld County,Colorado" 3) Our building fee notes have changed since this USR was approved—Please replace notes 27 and 28 with the following notes: 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) 4) Please put a space between note 13 and the following paragraph, label the following paragraph as note#14 and renumber subsequent notes. 5) A screening plan will need to be submitted and approved if any onsite material storage is existing/proposed—the screening plan shall be reviewed by staff and placed on the plat. 6) The buildings and layout of the site seem to show existing conditions.The plat should at a minimum match what was shown on the original plat map that was submitted with the application. If not,then what is shown on the plat is less than what was approved and there is no reason to record the USR plat and stick with the previous USR plat that was recorded (2' AMUSR-589). I have attached copies of both the draft plat that was submitted with this application and the current plat that is of record on this site. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO.80631 Ph: (970)353-6100 ext.3537 Fax:(970)304-6498 R6 •10 UP u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave WELD -€ OUNTY Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 September 21, 2011 Encana Oil & Gas (USA) Inc. 0/O K E Andrews & Company 3615 Huron Street Suite 200 Englewood, CO 80110 Fred Otis Otis Coan & Peters 1812 59th Avenue, 2nd Floor Greeley, CO 80634 Subject: 2o° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, 4th AMUSR-489. Dear Applicant: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received another letter from me in August 2011 concerning the same topic. On February 28, 2008, your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by November 14, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on November 14, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, 4th AMUSR-589 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Mdik:Th Chris Gathman Planner III - September 21, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-)OOO() Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date SENDER: COMPLETE THIS 5 ECTION COMPLETE THIS SECTION ON DELIVERY ' • Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery Is desired. 0 Agent • Print your name and address on the reverse �' '-S"t v �/" ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery �/ • Attach this card to the back of the maiiplece, 9l/ or on the front If space permits. D. Is y�g )��P�m 17 ❑Yes 1. Article Addressed to: If„ de 7a��e�rt�loy: ❑No D,I a.�S(v5A �I L (JO KE Ankutis a (ovenStP 2 @ 2011 3GIS Rum, (CSI l ��; Wpid Qnuniy ,s fln,,,g Department 'E_CJ .WooCQ3 CD �jdIt0 3.K FFICE Ce edMail Y O Express Mail Registered 0 Return Receipt for Merchandise Cl Insured Mall ❑C.O.D. ❑Yes 2. Attic (Trap PS Form JO I I, reoruary zuun Domestic Return Receipt 102595-02-M-1540 ., o o7- ;) ,4 a ' u 0 s iglu"(V 2 . 3 M u •% 0 9 to- o M _ pWo m m ill u va 0 ti -c 0 ht ,l 0 � ft Q0 — LL wII¢ o � ow 0W3 C4 Q J bf. `- .. .:I Q `• WDL/lain ri Z O O _- © ti O I-OC ti = y @ WZZ ri 7. C 7 a - _ —= N CI Iill ommowlmimm ID _ O O Q p W 0 _ O X a�itc . O o Z ji W 8 V o V ` rl C-. 7 N O N c O r` a 0.) co c6QO c VV� d V wCN1 - I u_O -- O (N (n t0 0 ow let, s0 JD � BO `'O m > co O 30010' co AG4 'i G a � / V� F 0U 6) II" o,-G7bJ zZw 1 S 4. z w 42 m a2cs I- e- �II�Z n 0 ml _ce w w 3 .. M Chris Gathman From: Chris Gathman Sent: Monday, September 19, 2011 2:24 PM To: 'Fred Otis' Cc: Troy Swain Subject: Encana (4th AMUSR-589) status Attachments: pending 4th AMUSR items 0211.pdf; Encana USR partial vacation e-mail 0511.pdf Fred, Sorry for the delay. I was out of the office last week and am now catching up: Here are two items of correspondence I sent in February and May of this year. The February correspondence outlines remaining conditions of approval if Encana decides to proceed and wrap up 4th AMUSR-589/ in addition to submitting an amended corrected plat that is outlined in the February e-mail. (My last conversations indicated that Encana was headed in this direction). The May correspondence applies only if Encana officially withdraws the 4th AMUSR-589 application. I have received a draft 4th AMUSR-589 plat from Drexell Burrell and will be reviewing it this week. Once these USR items are taken care of then we can proceed with finalizing and recorded AMRE-1595 and AMRE-641. The only corrections to these plats were to change the signature blocks— Now that High Sierra owns one of the parcels and there was a minor distance correction on the plat (I have already spoken to Drexel-Barrell about this). Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph: (970)353-6100 ext. 3537 Fax:(970)304-6498 as = I ' ,1"1","1:_cw-27 w EiO...rCJJ N?* I Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Mathew Selders [mailto:MSelders@drexelbarrell.com] Sent: Wednesday, September 14, 2011 7:45 AM To: Chris Gathman Cc: Hayhurst, Dale Subject: Encana USR Chris Please use the attached revised USR, I changed the ownership shown from the previous email earlier this week. Thanks Matt Drexel, Barrel! & Co. Engineers • Surveyors Mathew E. Selders, P.L.S. Assistant Department Head Boulder•Colorado Springs•Denver Grand Junction•Greeley•Steamboat Springs www.d rexel barrell.corn 1800 38th Street.Boulder,Colorado 80301 Ph:303.442.4338/Fax:303.442.4373 mselde rs(r'd rexel ba rrel I.com 3 . • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES ��— — 1555 N 17th Ave WELDECOU TY Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 August 3, 2011 Encana Oil & Gas (USA) Inc. C/O K E Andrews & Company 3615 Huron Street Suite 200 Englewood, CO 80110 Re: Conditions of Approval; Use by Special Review 4th AMUSR-589 Dear Applicant: On February 27, 2008, your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recording. One of the required Conditions of Approval in the resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Use by Special Review within the next 60 days or withdraw the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 171h Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, g/441O Chris Gathman Planner III pc: case file 1 • • August 3, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (4th AMUSR-589) Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date U.S. Postal Service., CERTIFIED MAIL, RECEIPT ru (Domestic Mail Only;No Insurance Coverage Provided) rR For•elivery int•rmati•n visit•ur we•site at www.us•1;,11 s.c•m La d € ; ° ? .x. z ... p Postage $ ru Certified Fee O Return ReceiptRequire) - Postured o (Endorsement Required) Here ndo em t Required) - Restrcted Delivery liv y e ( Total Postage&Fees $ rR Sent Tom-- 11-0-61 o-hs - S Con.. street Apt No.: q l{- ^ , n �t� ar POetxNo. IBI Z S 1/`� IY2N IR..r [,( T of r City,State.ZIP+4 \\ .,y PS Farm 3800.Aoyvsl 2006 See Reverse for Instructions 0:73",; n -t -t lit Ur F.,, N a R \ I {n n rt a �i6 tf,4a 0 W - _4.yyF�� H N ` IX C G6 � -Q 0 OW3 0 =_ id, O — ZzQ _ ng1Mf1 No % WEO rt NJII. 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Article Addressed to: .1'If YYEESC�errtY�errr'deelliivvery address below: O No 1,,.J,nc% 0; ` g c_ c,s(i) A)-TiAC• IWO D g 2011 CIO t A„itstobis a 69.—Q""� weld County Manning Department I uror, 3\teer ,A2O3 1REELEY OFFICE 3(9 3 3.Service type (0 ?CA ' O "(Certified Mall ❑Express Mali '�2v.ur) L! 0 Registered O Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Deliver)?(Extra Fee) ❑Yes 2. Article Number 7C1� 1670 002C 2045 4155 (limwfer from service -.--- - . . PS Form 3811,February 2004 Domestic Return Receipt 102595-o2-M-1540 U.S. Postal Service rI, CERTIFIED MAIL RECEIPT Coverage Provided) ui (Domestic Mail Only;t u1 rR F• delivery inf• ati•n visit•ur we•site at www.us s.c• 7 T' Tff u, 7 Postage $ O fU Certified Fee Postmark Fee Return Receipt Here O (Endorsement Required) C Restricted Delivery Fee (Endorsement Required) C I~ .-D Total Postage&Fees / a Sent To, 61 l cs (us()) _.T..„..c............. O orrPO eoxl'No.' 3(O IS Rifts, 'Alet. 1- t _-`O ...... r ----- ---- --- i I O CIN.Stale,Ziv+a ��',�ck t PS Form 3800.August 2006 See Reverse for Instructions Identify Results • • Page 1 of 1 Parcel Summary Parcel#: 146928400002 Owner: ENCANA OIL&GAS (USA) INC Address: C/O K E ANDREWS &COMPANY 3615 S HURON ST STE 200 City: ENGLEWOOD State: CO Zip Code: 80110 Account#:R1200196 Other Accounts on this Parcel Account Type # of Account's Oil 1 Detail Information: CMBUILDING PROPERTY PROFILE imalagl http://maps2.merrick.com/Website/Weld/setSQL.asp?Name=Weldshp&par 1=14692840000... 8/3/2011 — ° U 4eCocX AMA' (may ��0. 11(F Chris Gathman From: Chris Gathman Sent: Wednesday, May 04, 2011 8:40 AM To: 'Hayhurst, Dale' Subject: 2nd AMUSR-589 Attachments: ecs.serylet11.pdf; DEST2236.tif; image003.png Dale, l am following up on a couple of things: 1) We are still waiting for an amended corrected 2"AMUSR-589 plat to match the boundaries between the conquest parcel/USR (USR-1033) and Encana's USR.The boundaries of 2n°AMUSR-589 would then match the boundaries of Lot B of RE-1595 (see attached). 2) The plat needs to be prepared per the requirements outlined under Section 23-2-280 (see below): To obtain a partial vacation of the Use by Special Review permit, the applicant shall: a. Submit a letter to the Department of Planning Services requesting the partial vacation. b. Submit a revised map to the Department of Planning Services illustrating the vacated portion of the property and the existing permit. 4. Upon determination of compliance with the original Use by Special Review permit and all applicable applications, this Chapter and Chapter 29 of this Code, by the Department of Planning Services, the applicant shall be granted a partial vacation of the Use by Special Review permit. 5. Once approved, the applicant must submit a plat conforming to Subsection 23-2-260.D of this Code. This plat shall illustrate the vacated portions of the property/operation. The plat shall contain two (2) vicinity maps. The first shall illustrate the use boundary prior to the partial vacation. The second shall illustrate the use boundary after the partial vacation. 3) The plat will contain all of the information that was on the original 2n°AMUSR-589 plat (the development standards, signature blocks...). The only difference will be that the before and after vicinity map shall be added and the revised USR boundary shall be indicated. Once we receive this information we can schedule this before the Board of County Commissioners for approval. Let me know if you have any questions. Sincerely, Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 AMu% C Sorry for the delay. I have been trying to catch up on everything after I got back. I have reviewed the plat and have the following changes: 1) Remove any accesses not located within the boundaries of the USR on the plat. 2) Modify the legal description to match the description of the Special Use Permit: "Lot B of RE-1595 and Part of Lot A RE-641; located in Part of the SE4 of Section 28,T1N, R67W of the 6th PM,Weld County, Colorado" 3) Our building fee notes have changed since this USR was approved —Please replace notes 27 and 28 with the following notes: 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) 4) Please put a space between note 13 and the following paragraph, label the following paragraph as note#14 and renumber subsequent notes. 5) A screening plan will need to be submitted and approved if any onsite material storage is existing/proposed —the screening plan shall be reviewed by staff and placed on the plat. 6) The buildings and layout of the site seem to show existing conditions.The plat should at a minimum match what was shown on the original plat map that was submitted with the application. If not, then what is shown on the plat is less than what was approved and there is no reason to record the USR plat and stick with the previous USR plat that was recorded (2"d AMUSR-589). I have attached copies of both the draft plat that was submitted with this application and the current plat that is of record on this site. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph:(970)353-6100 ext. 3537 Fax: (970)304-6498 LV S.0_..'c a il N'V u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 92.)1/4,._,(A.\ 1 CS.1 1 L1 4t { A US(z CC's i . Chris Gathman From: Chris Gathman Sent: Thursday, February 10, 2011 11:50 AM To: Fred Otis'; Jenna Seigel; Leigh Downing Subject: RE: Encana/Marcum/conquest Attachments: 20080495.tif: 20080501.df; 20080501-1.tif Fred, I have reviewed both mylars in my office (AMRE-641 & AMRE-1595) . The only item needed on these are signatures from Encana. In regards to 4th AMUSR 589: I have attached the 4th AMUSR 589 resolution (see attachment 1) . I spoke to Troy Swain with weld County Environmental Health re: their pending conditions and he indicated the one outstanding condition was condition J - (He needs a stamped & sealed plan from a Colorado Registered Engineer indicating the site meets the berming and containment standards per Co orado Oil and Gas Commission Rule 907) . Conditions C,D,E,F,G and I have been addressed. ondition B is still outstanding (see the 2nd attachment) . If any existing buildings have had a change in use the proper permits need to be applied for (we have no record of any permits being applied for since Board approval in 2/2008) . We either need evidence that the proper building permits have been applied for any existing buildings that have changed in use or written evidence/statement that no uses have changed or will change in existing buildings and therefore no building permits will be necessary. Condition K is still outstanding Condition L is still outstanding (see the 3rd attachment) . In addition the plat still needs to be finalized (see Condition 1.A in the attached resolution) . Let me know if you have any questions or need anything else. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying distribution or the taking of any 1 a 6 2 0 , Memorandum TO: Waste File— EnCana Landfarm FROM: Troy Swain, Environmental Health l ac- W E L D_ .C 0 U N T l Specialist, Weld County Dept. Public Health & Environment DATE: February 11, 2011 SUBJECT: EnCana Landfarm - Centralized E&P Waste Management Facility, 4th AmUSR- 589. The landfarm was not active; therefore, no inspection was conducted for the I" half of 2011. The Department relayed to the Planning Department that the plat needs to be recorded and the only outstanding Health Department related conditions of 4th Amended Use by Special Review Permit Number 589 (4thAmUSR-589) were Prior to Recording the Plat Conditions I.J. related to providing engineering (stamp&scaled CO PE) for the stormwater diversion and retention requirements (now of COGCC Rule 908 E.) and 1.H. relating to the installation of an Individual Sewage Disposal System upon staffing of office building. CC: Chris Gathman, Weld County Department of Planning Services • SOLUTION RE: APPROVE SITE IFIC DEVELOPM NT PLAN AND FOURTH AMENDED USE BY SPECIAL RE MIT #589 F A MINERAL RESOURCE DEVELOPMENT FACILITY CLUDI G A ND GAS STORAGE FACILITY (CRUDE OIL STO E), AND A OIL AND GAS SUPPORT AND SERVICE FACILITY (NATURAL G PROCESSIN , LAND FARMING, OFFICE USE, STORAGE, PIPE FABRICATION, RESEARCH AND EVELOPMENT LAB,AND MEASURING EQUIPMENT REPAIR AND CALIBRATION) THE A(AGRICULTURAL)ZONE DISTRICT-ENCANAOIL AND GAS (USA) INC. K__..j WHERE , th Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affair of Weld Coun , Co do, and WHEREAS, the Boa of County ommissioners held a public hearing on the 27th day of February, 2008,at the hour of 10:00 a.m. in he Chambers of the Board,for the purpose of hearing the application of EnCana Oil d Gas(US ) Inc., 370 17th Street, Suite 1700, Denver, Colorado 80202, for a Site Specific Dev opment Ian and Fourth Amended Use by Special Review Permit#589 fora Mineral Resource el ment ' luding an Oil and Gas Storage Facility (crude oil storage), and an Oil and Gas Supp and Servi acility(natural gas processing, land farming, office use, storage, pipe fabrica on, research and development lab, and measuring equipment repair and calibration)in the A( ricultural)Zone District on thefgllowing described real estate, being more particularly described a follows: Lot B of Recorded Exemption #159 nd part of Lot A of Recorded Exemption#64 eing part of the SE1/4 of Section 28, Towns i 1 North, Rang 67 West of the 6th P.M., Weld County, Colors WHEREAS, said applicant was represented by Bill Crews, Crews and Z ren, 8203 West 20th Street, Suite B, Greeley, Colorado 80634, at said hearing, and WHEREAS, Section 23-2-230 of the Weld County Code provid standards for review of said Use by Special Review Permit, and WHEREAS,the Board of County Commissioners heard all of the t stimony an tatem is of those present, studied the request of the applicant and the recommen ation of the W Id ounty Planning Commission and all of the exhibits and evidence presented i this matter , having been fully informed, finds that this request shall be approved for the folio ing reas s: 1. The submitted materials are in compliance with the applicati requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. 2008-0495 PL0025 Hello