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Home My WebLink About20113333 Esther Gesick 000m: Chris Gathman nt: Tuesday, December 20, 2011 7:01 AM : Esther Gesick; vince@baselinecorp.com; Sanchez, Joseph Subject: FW: December 21st Docket#2011-83, PL1493 See below. Here is some more neighbor correspondence regarding the Frederick Compressor Station (USR11-0021). 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 loll iN W E UN Tr 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 (intents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bethany Salzman Sent: Monday, December 19, 2011 2:24 PM To: deanfeltonC©spectrumenergv.com; Chris Gathman Cc: 'Steve Ceplius'; 'Wade Cooper' Subject: RE: December 21st Docket #2011-83, PL1493 Please be advised that I have forwarded your below e-mail to Chris Gathman as my records indicate he is the Planner processing this land use application. Thank-you Please feel free to contact me with any questions or concerns. bethany Salzman Zoning Compliance Officer II 1555 North 17thgvenue Greeley,CO 80651 Office: (970)535-6100 Ext.5555 Fax: (970))0*-6498 Web:www.co.weld.co.ue ' B61 .2011 EL O ' NTY 2011-3333 rireri "" .. 1 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 mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the millgontents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dean Felton [mailto:deanfeltonCalsoectrumenergv.com] Sent: Monday, December 19, 2011 2:22 PM To: Bethany Salzman Cc: 'Steve Ceplius'; 'Wade Cooper' Subject: December 21st Docket #2011-83, PL1493 Attn: Weld County Planning Commission —Board &Weld County Planner- Chris Gathman From: Dean & Dorothy Felton 3434 Weld County rd. 19 Mailing Address: 725 Alpine St. Longmont, Colorado 80504 I would like to express some concerns about the Site Specific Development and Amended Use by Special permit, USR11-0021 (fka AmUSR-428) being reviewed at the December 21"2011 Weld County Commission review hearing Docket#2011-83,PL1493. This facility has in the past installed compression equipment that operated without any equipment noise attenuation,the near field and far field noise generated at the facility was totally unacceptable. I have worked in the oil field business for many years and had never seen a compressor operated without being installed into a building to control noise levels. During the operation of the compressor that was installed outdoors at this site,the facility operators tried to make temporary noise Orrections in 2009-2010, I am sure due to public outcry objecting to the unacceptable noise created during the peration of the compressor. Eventually the compressor was enveloped by a noise attenuating enclosure and the noise issues were resolved. It is outrageous that this facility was able to operate this compression unit for such a long duration without correcting obvious noise issues.The Weld County Planning Commission should not allow a repeat of this noise issue if this new compression project is approved for installation.The new compression units should be installed in sound attenuating enclosures and all pressure relief devices shall have silencers to mitigate noise issues.These noise abatement remedies should be in place before any new equipment at this facility is allowed to operate. Local residents had to put up with 2 years of noise issues before the problems were corrected on the existing facility in 2010-2011. Unfortunately, Dorothy or I cannot be at the December 21st hearing, but I would like the Weld County Planning board to know of our concerns. I would like to also know that this communication has been received by the planning commission, return e-mail would be appreciated. Thanks, Dean & Dorothy Felton 3434 weld County Road 19 303-651-9012 home phone 303-702-5199 office • 2 Esther Gesick om: Chris Gathman �� R. nt: Tuesday, December 20, 2011 7:16 AM o: Esther Gesick; vince@baselinecorp.com; Sanchez, Joseph Subject: FW: Special Permit USR11-0021 (fka AmUSR-428) tiarearall Another SPO letter. 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 liar 2011 W U N TV 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 ',tents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Wade Cooper [mailto:forwecooper@gmail.com] Sent: Monday, December 19, 2011 4:14 PM To: Chris Gathman Subject: Special Permit USR11-0021 (fka AmUSR-428) Hello Chris, I would like to express my concerns about the Site Specific Development and Amended Use by Special permit, USR11-0021 (fka AmUSR-428) being reviewed at the December 21st 2011 Weld County Commission review hearing Docket#2011-83,PL1493. My house is about 3/4 mile directly southwest of the current Frederick gas plant which is the subject of this permit. I object to the expansion of the plant for an additional 8 compressors, 2 slug units, and separators due to the additional noise that will be generated in the surrounding residential/agricultural areas, including my property. The noise levels at my house from the plant operations are already excessively noisy and a nuisance. The addition of 8 compressors will minimally increase noise levels at least 6 db (3 dB increase for each doubling of energy sources). The additional flows into the slug units, separators and the associated flare unit at the facility will cause additional noise level increases above this 6 dB estimate. These additional noise levels would be unacceptable to the at least 10 residences within 3/4 mile of the plant. I hope you understand that these increases in noise level are unacceptable to homeowners and will erode property values in the area. If you visit the area, you will readily notice that several homeowners have already built soil berms between their homes and the plant in order to help prevent the plant noise from reaching their house. However, I am sure these berms are only minimally effective in reducing noise levels. approximately 5 years ago, one of the larger horizontal cylindrical tanks caught fire in the plant during the daytime. At the time of the fire, I was working in my field on my tractor. The Sheriffs Department ordered my wife and Ito evacuate from my home and property to a distance at least one mile from the tank fire due to the 1 potential for a BLEVE (boiling liquid evaporating vapor explosion). It is wrong and unsafe to subject the at least ten homes within 3/4 mile of the plant to these potential fires and explosions by allowing this plant to expand. Please share this info with the Board so they will hopefully not approve this permit without fully gildressing its impact on the surrounding residents. meerely, Wade E. Cooper, PE, CSP 3225 County Rd 19 Fort Lupton, CO 80621 720-685-8059 . • Esther Gesick rom: Chris Gathman nt: Tuesday, December 20, 2011 10:39 AM o: Esther Gesick; Heidi Hansen; Lauren Light Subject: FW: Dec 21st Weld County Commission Review Hearing Docket#2011-83, PL1493 �4 Chris Gathman Planner III ]nR Weld County Department of Planning Services -.1i i ' 1555 N. 17th Avenue, Greeley CO. 80631 Ph:(970)353-6100 ext.3537 Fax:(970)304-6498 I1011 WEL CdtINTY 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 "intents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Steve Ceplius fmailto:albodeciaemesanetworks.net] Sent: Tuesday, December 20, 2011 10:36 AM To: Chris Gathman Cc: Bethany Salzman Subject: Dec 21st Weld County Commission Review Hearing Docket #2011-83, PL1493 Dear Mr. Gathman: I am writing to express my opposition to the Site Specfic Development and Amended Use by Special Permit USR11-0021, December 21st Weld CountybCommission Review Hearing Docket#2011-83, PL1493. My wife and I have lived about one-third of a mile south of the plant for over eight years. For the majority of that time, the plant operators have repeatedly demonstrated they can't operate as a good neighbor. Roughly a year after we moved in, a second compressor unit was installed, out in the open without any type of sound-proofing/noise-reducing enclosure. Although, according to a Colorado PUC inspector who came out in response to my noise complaint, the compressor was operating below the maximum decibel limit, it didn't take into consideration the low-frequency far-field noise that rolled down the hill, permeating our bedroom wall like the constant rumble of a freight train all night long. We were eventually forced into the guest bedroom on the south side of the house in order to escape the noise. Contacting the company proved futile as though I was told funds had been budgeted for an enclosure, it took well over four years to finally complete it and provide us with relief. I can't imagine what that time period must have been like for my neighbors living directly adjacent to the plant. Some of them even tried to erect massive earthen berms to deflect the far-field noise. Additionally, an accident at the southern part of the facility several years ago caused a pipeline rupture and subsequent fire adjacent to a large, horizontal gas storage tank/cylinder requiring the evacution of the area for a more than two-mile itius in case of a BLEVE (boiling liquid expanding vapor explosion).We were told at the time all the operators or fire partment could do was to allow the gas in the line to burn off as the nearest shutoff valve was down by County Road 13, over 3 miles away. In the meantime, even the fire department evacuated and hoped a BLEVE didn't occur. 1 I believe ownership of the facility has changed at least once. This was used as an excuse in the delay of enclosing the second compressor as although the original owners had budgeted for an enclosure, the new ones had not, hence the extenive delay. No matter the owner/operator, as I've exampled above, it is apparent to me they have a difficult time operating as a good, safe neighbor and I encourage you to deny the petition for expansion of the facility. I would have me to the hearing to voice my opposition in person; however, I'm a commercial airline pilot and I'm currently on a cheduled trip that doesn't return until Thursday. I hope you will give due consideration to the opinions of my neighbors who I know will be attending. Sincerely, Steve Ceplius 3444 County Road 19 Fort Lupton, Colorado 80621 720-685-1607 • • 2 . m Ps< � W - 4e vl sa . tir Q c t Qi E . _ W ." CU Zle. its ,.., .... ,..... 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M - ai m U N a; 3 Y O '0 v L_ LS -O i . ._ o oo � 0° v L_ •- O _ V O M U o O O cB ca O w tit u L_ c�NO •- V O O S CU O- O- - 4- -0 N 3kijO O CU73non oo L_ > M w rt. O -Oea o O. Dzau. c is Lin cQa' Ov20 > cuc • • N II n >U to a) D1 ca O D +' Q es C . . •. Q U V OO .T-+ cn D Cl. Z . iesz w w cn • — w (� z r' p O oH N a D D Z (LI ri% m9 D n, L.) cc Ma • U U � w v Z oC � � Ca E W Lu rs O � W O UJ U }, Oart) eC O m BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS Dec. 11, 2011 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR11-0021 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign 1t • ignature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) m The foregoing instrument was subscribed and sworn to me thi /day of , 2011. WITNESS my hand and official seal. DI I4O J1 tary Public .:•• """' •.,•cd ` $OTAkJ, %. My Commission Expires: G �- �C•�/BL1G i • . �1< ), CC ` ' `s ',...;11t..4.-,!... iv C ,ktV<r C Ct ? ) 7yrrVr l /it:: }rr ` ` .-r4 )`₹• --.,,r . • I?" ▪ 70P^ �{ 7 r ref. . �`""t. ;‘...k ft" • , } pN jtr w• • ) ,.' 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"'F � , t 4sV� ,`1. .; \e rX A' '� ; F l��Y c' '' l Y k.X; a 4 \ r' ))c:2,,.. 1/4,k .tq '+� \l \(y ¢ 4 j • - / k^ }q • pg y t g e l `� 1 y�, r 6T1 °i a�K.oey►rt ,,v t1 '` P. 3sH„S h,P � .. -{gym -n q . . IEXHIBIT b a n � ==`)< v\ 'e‘.y • Good morning, my name is Wade Cooper. My wife and I currently live about'/ mile southwest of the Frederick compressor facility and have lived there a little over 7 years now. We have a direct line of sight from our house to the facility. I come to you as both a concerned person living in the area that will be affected by this proposed expansion. and as someone with considerable knowledge of the safety hazards in the oil and gas industry and noise measurement & control. At the beginning of this year I retired from OSHA after nearly 33 years of working in the occupational safety & health field. The last five or so years with OSHA have involved at least five incident investigations at oil & gas production facilities and three inspections at oil refineries. The five incident investigations all involved either fires or explosions at oil & gas related facilities. I am a Colorado registered professional engineer, a certified safety professional, and a just retired certified industrial hygienist with extensive experience in occupational noise measurement & control. My primary concern with the proposed expansion is that it will further • degrade the quality of life and property values for those residences and properties within an approximately 3/4 mile radius of the facility. There are currently at least 12 residential homes, and another at least 12 lots, ranging in size from a little over 2 acres to 5 acres, that are slated for residential structures in the very near future. It is vitally important to understand that the area within a % mile radius of the facility is already occupied almost exclusively by residences, not commercial or industrial facilities. I can assure you that if you were to perform a survey of these residences you would find nearly all of them opposed to the additional expansion due to the adverse impact of the existing facility and the proposed expansion on their lives. Several residences have already built at least 10 feet high soil berms between their homes and the facility to help protect them from the noise and other hazards of the facility. One berm is directly east of the facility and the other is located west of the facility. Since purchasing our property over 8 years ago, the current facility has undergone considerable expansion such that it now includes a multi- • faceted gas processing facility with a flare and as far as I know, two compressors. I do not know all of the process equipment they currently • have in the facility, but I do know there are numerous gas processing vessels, including pressure vessels, and pipes which are handling or storing highly hazardous flammable vapors and liquids in large quantities. The fact that they are handling or storing large quantities of highly hazardous flammable vapors and liquids already poses a significant safety hazard to the surrounding residences. The oil and gas industry likes to make the assertion that they operate safely and that these fires and explosions are highly unlikely or improbable at their facilities. Well, the truth of the matter is that history has time and time again shown that these facilities are not without the risk of a fire or explosion. If you go to the Chemical Safety Board website (csb.gov), you can find numerous incidents involving fires or explosions at oil and gas related facilities. However, it is important to understand that the CSB does not investigate all incidents. They typically only investigate major incidents involving multiple fatalities. Thus there are many times more fire and explosion incidents • that are not investigated by the CSB. Of the five incidents in the oil and gas industry that I've been involved in while working the last five years for OSHA, the CSB did not investigate a single one of them, yet they all posed a risk of serious injury to one or more employees from a fire or explosion of flammable vapors or liquids. They also posed fire and explosion hazards to their surrounding communities. Even the current facility had a fire incident approximately five years ago. A horizontal cylindrical tank, similar in shape to a typical residential propane tank, but much larger in capacity, caught fire. This tank was located in the southwest corner of the existing facility. The fire department and sheriff's department did respond. The sheriff's department made my wife and I evacuate to a distance at least one mile from the tank fire due to the potential for a BLEVE (boiling liquid evaporating vapor explosion). Although these tanks are supposed to be designed to have pressure relief valves capable of relieving the pressure during a fire, they are not always properly designed or maintained to ensure proper relief. After the fire, this tank has since been replaced by • a newer tank with a large capacity. This is only one tank or vessel among the numerous other flammable vapor or storage vessels at the • facility. All of these tanks and processing equipment, including compressors, slug catchers, and separators, that are handling or storing flammable vapors or liquids pose a serious fire or explosion hazard to residences within approximately ' mile of the facility. This is one primary reason why I am strongly opposed to expansion of the facility. Another reason that I am opposed to the expansion is the impact it will have on the noise coming from the facility and reaching my property, as well as other residences within an approximate 3 mile radius from the facility boundaries. In rural areas where there are little to no obstructions, noise really carries a long way. The existing plant, even though it is about ' mile away, causes excessive and irritable noise at my house at various times. I estimate that the noise level exceeds 53 dBA at times because it is louder than my Yamaha generator which has reported noise level of 53 dBA at 20 ft. For some really unknown reason, it appears to happen more frequently during the summer months. I suspect it is due to noise being able to carry further in hotter and dryer air and possibly due to operational changes at the facility. • Since there appear to be only two compressors on the facility now, the addition of 6 more compressors would be expected to increase noise levels at least 6 dB. Every doubling of the noise energy sources results in a 3 db increase. Thus, going from 2 to 4 gives 3 dB, and then going from 4 to 8 gives another 3 dB for a total increase of 6 dB. This is a considerable increase in noise levels and doesn't account for the additional noise caused by the additional slug catchers, separators, and the increased flows through the process equipment including the flare. A higher flow through the equipment and through the flare would be expected to cause a more pronounced increase in noise levels due to their higher frequency. The Colorado Oil and Gas Commission has rules to help protect the public from noise generated by oil and gas production facilities such as this. These rules are presented in Sections 801 and 802 of their rules. I suggest that any proposed expansion of this facility be minimally required to demonstrate that they can meet the 55 dBA daytime limit and 50 dBA night time limit presented in Section 802(c) of this rule • before approving such expansion. I suggest this because even the Oil and Gas Commission recognizes that the most effective means for 7 • meeting noise rules is during the facility siting and design phases. They cnecifically identify in Section 801(a) "Operators should be aware that noise control is most effectively addressed at the siting and design phase, especially with respect to centralized compression and other downstream gas facilities." It is also important to note that the Oil and Gas Commission is not adequately protecting the interest of the public when their rule allows operators to exceed the 55 dBA daytime limit by 10 dBA for up to 15 minutes in any one hour period. This is not in the interest of the public because it allows the facility to essentially pollute the surrounding neighborhood with excessive noise levels. I say this because if you've heard my generator at 53 dBA level or that generated by a Honda EU1000 generator, you would understand why nobody would want this high of a noise level generated nearly continuously, or even repeatedly, around their house. That is one primary reason why our National Parks and Forest Service campgrounds either restrict generator use to very limited hours during the day or restrict their use entirely. It is wrong to pollute someone else's environment for selfish gain reasons. I am strongly opposed to allowing noise levels to exceed the 55 dBA daytime limit except for short term temporary non- • production reasons such as during repair or construction. Allowing such increases above 55 dBA at the facility boundary will adversely affect our quality of life and property values. Looking at this from the point of view of someone looking to buy a house, would you prefer to buy next to a highly hazardous processing plant with noise coming from the plant, or would you prefer to buy where there is no processing plant? This is really a no brainer, nearly everyone would of course prefer to buy where there is no processing plant. That is exactly why the expansion will further erode our property values. In conclusion, please do not approve the expansion permit because it will adversely affect the quality of life and property values for the surrounding residences due to additional safety risks and noise pollution. It is also a common courtesy and respect issue, you don't appreciate me polluting your environment with noise or safety hazards, so don't pollute mine. • Thank you for listening. EXHIBIT RESOLUTION ^ • RE: IAL USE PEIT FOR DEHYDRATION AND COMPRES- SIONOOFLNATUSRALCGAS FACILITIES FOR PANHANDLE EASTERN PIPELINE r. / COMPANY, P. O. BOX 127, BRIGHTON, COLORADO 80601 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, the Board of County Commissioners of Weld County, Colorado held a public meeting on the 6th day of August, 1980 at the hour of 2:00 o'clock p.m. in the Chambers of the Board of County Commissioners for the purpose of hearing the applica- tion of Panhandle Eastern Pipeline Company, P. 0. Box 127, Brighton, Colorado 80601, for a Special Use Permit for dehydra- tion and compression of natural gas facilities on the following described real estate, to-wit: That part of the Northwest Quarter of Sec- tion 15, Township 1 North, Range 67 West, Weld County, Colorado, being more particu- larly described as follows: • Beginning at the Northwest corner of said Northwest Quarter of said Section 15; thence South 00°00'00" East on an assumed bearing along the West line of said Northwest Quarter for a distance of 1553.67 feet to a poi ; thence South 83°38'33" East and running approximately 25.00 feet North of a concrete irrigation ditch for a distance of 196.29 feet to a point; thence North 75°12'02" East and continuing said parallel for a distance of 188.75 feet to a point; thence North 57°37'26" East and continuing said parallel for a distance of 248.19 feet to a point; thence North 79°25'20" East and continuing said parallel for a distance of 86.88 feet to a point; thence South 73°39'32" East and continuing said parallel for a distance of 89.86 feet to a point; thence South 53°49'15" East and continuing said parallel for a distance of 313.19 feet to a point; thence South 34°19'28" East and continuing said parallel for a distance of 80.70 feet to a point; thence South 07°04'21" East and continuing said Parallel for a dis- tance of 235.50 feet to a point; thence South 41°08'43" East and continuing said parallel for a distance of 60.90 feet to a point; thence South 69°25'24" East and con- tinuing said parallel for a distance of 219.55 feet to a point; thence North 00°05'05"West for re at a p oint for a distance of 2012.20 feet to a point on the North line of said Northwest • d0073,1 j. PL/y93 A Quarter; thence South 89°54'56" West for a distance of 1328.08 feet to the point of beginning. Subject to Weld County Road Right-of-Way containing 48.56 acres, more or less. WHEREAS, the petitioner was present, and WHEREAS, evidence was presented in support of the granting of the Special Use Permit for dehydration and compression of natural gas facilities on the abovedescribed real estate, and WHEREAS, Section 3.3(E) (2) of the Weld County Zoning Resolu- tion authorizes such a use in an Agricultural District upon appro- val by the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Weld County, Colorado heard all of the testimony and statements of those present, has studied the request of the petitioner and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, is satisfied that the request for a Special Use Permit for dehydration and compression of natural gas facilities on the hereinabove described real estate, conforms to the purposes of Section 3.3(E) (2) of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of the petitioner for a Special Use Permit for dehydration and compres- sion of natural gas facilities on the hereinabove described tract of land be, and hereby is, granted subject to the Develop- ment Standards contained in the Special Use Permit and further, that no building or electrical permits shall be issued on the Special Use Permit area until the Development Standards for the Special Use Permit and the property owner's signature have been placed on the Special Use Permit Plat and the plat has been delivered to the office of the Department of Planning Services. BE IT FURTHER RESOLVED by the Board of County Commissioners that the reasons for approval contained in the Weld County Plan- ning Commission recommendations dated July 15, 1980 be, and hereby are, adopted as the findings of fact of the Board of County Com- missioners in this matter. 0 • The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of August, A.D., 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /IX' it (Aye) C. W. Kirby, hairman cn, 4 P. (Aye) eonard L. Roe, Pm (Aye) Norman Carlson (A e) Ly un ar e) K. Stei arc ATTEST: Weld County Clerk and Recorder and-Clerk to the B rd I (By: A... .7-,. 1-1-�\ ,1`.... "beputy Count Clerk ED AS TO FORM: r--� • County Attorney • DATE PRESENTED: AUGUST 11, 1980 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date July 15. 1980 Case No. SUP# 428:80:18 • APPLICATION OF Panhandle Eastern Pipeline Company /- ADDRESS P. 0. Box 127, Brighton, CO 80601 Moved by Don Billings that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld Govt.y Plannin Commission that the appli- cation for site approval of eYr GGaaon ar?�Rr ss on or covering the following described property in Wef County, o orado, to-wit: el COOKY ryF'isle"t y1 (see attached) JUL 1 8 1980 i ,i �� taut=a°�ie recommended favorabl D veld n SStaars ( y) {cyc' to the Board of County Commissioners for the following reasons: - - 1; It is the opinion of the Planning Commission that this request is in agreement with the Weld County Comprehensive Plan in that the proposed use would not appear to have any adverse impacts on the agricultural interests of the County or the environment. 2. It is the opinion of the Planning Commission that the proposed operation is in compliance with the provisions of Section 3.3.E.(2) of the Weld County Zoning Resolution. 3. It is the opinion of the Planning Commission that the attached Development Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request, • and the responses of the referral entities which have reviewed this request. 1. The attached Development Standards being recommended and adopted for the Special Use Permit. Motion seconded by___ Bob Ehrlich__ Vote: For Passage Bobr.Ehtl.ich Against Passage _ Bob Holleran _- Abstain Frank Surkla Bette Kountz Irma White Don Billings Chuck Carlson The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Dianne J. Reed , Pc.ording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolutinn of the Planning Commission of Weld County, Color- ado, adopted on _Julx15._1980_..._ _and recorded in Book No. __in of the proceedings of the said Pla nn leg Commi ss ion. h.'',. ! the 17th day of _AV__ _ . . • 19___ 80 .., P _ • Planning Commission Recommendation SUP-428:80:18 Page 2 • 2. No building or electrical permits shall be issued on the Special Use Permit area until the Development Standards for the Special Use Permit and the property owners signature have been placed on the Special Use Permit Plat and the plat has been delivered to the office of the Department of Planning Services. S S r.,dHANDLE EASTERN PIPELINE COMPAN, DEVELOPMENT STANDARDS • 1. The permitted use on the hereon described parcel of land shall be for the dehydration and compression of natural gas and all uses permitted by right in the Agricultural Zone District. Major facilities shall be limited to these shown hereon which includes four (4) 4.000 horsepower engine compressor units, one planned for immediate construction and three planned for future installations. 2. The engine/compressor unit(s) may be in operation 24 hours per day and 365 days per year. 3. All accesses shallhave the approval of the Weld County Engineering Department. All accesses shall be constructed in accordance with the recommendations and/or requirements of the Weld County Engineering Department. 4. All construction, electrical work and fabrication will be done in accordance with the Weld County Building Code. 5. The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 6. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. 7. All phases of the operation shall comply with all county and State Health Standards and Regulations pertaining to air quality, water quality, noise emmission, and sanitary disposal systems. 8. Safety and fire protection will be as prescribed by the Fort Lupton Fire • Protection District, Industry Standards, and/or other applicable rules and regulations of governmental bodies having jurisdiction on the premises. 9. The Special Use Permit shall be limited to the plans shown hereon and governed by the Development Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Development Stand- ards as shown or stated above shall require the approval of an amendment of the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Development Standards shall be permitted. Any other changes from the plans and/or Development Standards shall be filed in the office of the Department of Planning Services. 10. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Development Standards. Noncompliance with any of the above stated Develeopment Standards may be reason for revocation of the Special Use Permit by the Board of County Commissioners. c • • EXHIBIT • RESOLUTION ) a RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #428 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OIL AND GAS SUPPORT AND SERVICES, AND ONE OR MORE MICROWAVE OR OTHER COMMUNICATION TRANSMISSION OR RELAY TOWERS OVER SEVENTY FEET IN HEIGHT (120-FOOT RADIO TOWER) IN THE A(AGRICULTURAL)ZONE DISTRICT-KERR-MCGEE GATHERING, LLC 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,the Board of County Commissioners held a public hearing on the 17th day of September, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Kerr-McGee Gathering, LLC, 1999 Broadway, Suite 3700, Denver, Colorado 80202, for a Site Specific Development Plan and Amended Use by Special Review Permit #428 for a Mineral Resource Development Facility, including Oil and Gas Support and Services, and one or more microwave or other communication transmission or relay towers over seventy feet in height(120-foot radio tower)in the A(Agricultural)Zone District,on the following described real estate, being more particularly described as follows: Part of the NW 1/4/4 of Section 15,Township 1 North, Range 67 West of the 6th P.M., Weld County, • Colorado WHEREAS,said applicant was represented by Patrick Groom, 822 7th Street, Suite 760, Greeley, Colorado,at said hearing, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present,studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has shown compliance with Section 23-2-2303 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 ordinance in effect. Section 22-5-100.A (OG.Goal 1) states, "Oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Further, 2007-2705 q�p 4204; PL1493 • � '- A-/ Phi + ///4 L C2 reaell-k /0-01/-07 AMENDED USE BY SPECIAL REVIEW PERMIT#428- KERR-MCGEE GATHERING, LLC • PAGE 2 Section 22-5-100.8 (OG.Goal 2) states, "The extraction of oil and gas resources should conserve the land and minimize the impact on surrounding land' Site Specific Development Plan and Amended Use by Special Review Permit #428 is for a Mineral Resource Development Facility, including Oil and Gas Support and Services,and one or more microwave or other communication transmission or relay towers over seventy feet in height(120-foot radio tower)in the A(Agricultural)Zone District. 1) SUP-428 for the Dehydration and Compression of Natural Gas Facility was approved by the Board of County Commissioners for Panhandle Eastern Pipeline Company on August 6, 1980. This application addresses the current on-site conditions,and serves as a baseline for future improvements to the site. Upgrades to the facility addressed under this application are for on-going modernization of the equipment over time. Further, the new application was required by the Department of Planning Services due to a change in ownership of the facility and proposed and previous modifications to the facility. b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the A(Agricultural)Zone District. Sections 23-3-40.A.2 and 23-3-40.K of the Weld County Code provide for a Mineral Resource Development Facility, including Oil and Gas Support and Service,and one or more microwave or other communication transmission or relay towers over seventy(70)feet in • height, in the A(Agricultural) Zone District. The communication tower is proposed to be 120 feet in height and free standing. The use of the tower is limited to Kerr-McGee Gathering, LLC, to allow field workers to communicate safety issues or concerns more expeditiously and reliably. c. Section 23-2-230.5.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property consists of single family homes on larger parcels. To the north is USR#1330 for an excavation business. No letters or telephone calls were received from surrounding property owners. Should concerns be raised, the Conditions of Approval and Development Standards ensure that there are adequate provisions in place to address the concerns of adjacent and surrounding property owners. There are eleven property owners within 500 feet of the site. d. Section 23-2-230.B.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 existing site is within the three-mile referral area for the Cities of Dacono and Fort Lupton, and the Town of Frederick. The City of Dacono, in the referral dated June 5,2007, indicated no concerns with the application. No 2007-2705 PL1493 • • AMENDED USE BY SPECIAL REVIEW PERMIT#428-KERR-MCGEE GATHERING, LLC PAGE 3 referrals were received from the Town of Frederick and the City of Fort Lupton. e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V, of the Weld County Code. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. f. Section 23-2-230.8.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. This facility was acquired by Kerr-McGee Gathering, LLC, in 2002. Previous to this acquisition, the facility was permitted and operated by Panhandle Eastern Pipe Line Company,HS Gathering,and KN Wattenberg Transmission, LLC. g. Section 23-2-230.8.7 -- 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 the health,safety, and welfare of the inhabitants of the neighborhood and County. • NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Kerr-McGee Gathering, LLC, for a Site Specific Development Plan and Amended Use by Special Review Permit #428 for a Mineral Resource Development Facility,including Oil and Gas Support and Services,and one or more microwave or other communication transmission or relay towers over seventy feet in height(120-foot radio tower) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 2) All sheets of the plat shall be labeled AMUSR-428. 3) The attached Development Standards. 4) The approved Screening Plan, to address the outdoor storage of materials associated with this facility,which shall be screened from adjacent properties and all public rights-of-way. 5) The approved Sign Plan for all facility identification signs. 2007-2705 • PL1493 AMENDED USE BY SPECIAL REVIEW PERMIT#428- KERR-MCGEE GATHERING, LLC • PAGE 4 6) The approved Lighting Plan for the facility. 7) County Road 19 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and delineate them on the plat. This road is maintained by Weld County. 8) The screened trash enclosure for the facility complying with the Weld County Code. 9) A graphic key and or symbol serving to identify each component that is located within the USR boundary. The key and corresponding component shall be summarized in tabular format and be clearly delineated on the plat. B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.)and Emissions Permit application from the Air Pollution Control Division (APCD) of the Colorado Department of Public Health and Environment. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Written evidence of • approval shall be submitted to the Department of Planning Services. C. The applicant shall submit a Dust Abatement Plan for review and approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. Written evidence of approval shall be submitted to the Department of Planning Services. D. The applicant shall submit a Waste Handling Plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health Environment. The plan shall include, at a minimum, the following: 1) A list of wastes which are expected to be generated on the site(this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on the site. 3) The waste handler and facility where the waste will be disposed (including the facility name,address,and phone number). Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. E. The applicant shall address the concerns of the State of Colorado, Division of Water Resources, as outlined in the referral dated June 27, 2007. 2007-2705 P1493L1493 • • • • AMENDED USE BY SPECIAL REVIEW PERMIT#428- KERR-MCGEE GATHERING, LLC PAGE 5 Specifically, the comments which indicate that, according to the records available in the State Engineer's Office, there is an existing well under Permit Number 115364. The use of the well is limited to drinking and sanitary purposes only. Therefore, the well could not be used for intermittent cleaning of the equipment at the station, as indicated in item 3.5.7 of the Executive Summary, or other uses. Further, if water from the well will be used for any other purposes other than drinking or sanitary, the applicant is required to re-permit the well as a non-exempt well pursuant to Section 37-90-137(4), C.R.S. Written evidence of approval shall be submitted to the Departments of Public Health and Environment and Planning Services. F. The applicant shall provide written and graphic evidence to the Department of Planning Services that the proposed tower is appropriately marked and lighted, in accordance with Code 14 of Federal Regulations, part 77 pursuant to 49 U.S.C., Section 44718. G. The applicant shall address the concerns of the Department of Public Works,as outlined in the referral dated July 10, 2007. Written evidence of approval by the Department of Public Works shall be submitted, in writing, to the Department of Planning Services. H. The applicant shall address the concerns of the Department of Building • Inspection,as outlined in the referral dated July 18,2007. Written evidence of approval shall be submitted to the Department of Planning Services. The applicant shall attempt to address the concerns of the Platte Valley Soil Conservation District, as outlined in the referral dated July 21, 2007. Written evidence of approval shall be submitted to the Department of Planning Services. J. The applicant shall address the concerns of Noble Energy,as outlined in the referral dated July 12, 2007. Written evidence of approval shall be submitted to the Department of Planning Services. K. The applicant shall attempt to address the concerns of the Weld County Sheriff's Office, as outlined in the referral dated June 28, 2007. Written evidence of approval shall be submitted to the Department of Planning Services. L. The applicant shall address the concerns of The Farmers Reservoir and Irrigation Company, as outlined in the referral dated July 2, 2007. Written evidence of approval shall be submitted to the Department of Planning Services. M. The applicant shall submit a Screening Plan,to the Department of Planning Services, to address the outdoor storage of materials associated with this 2007-2705 • PL1493 AMENDED USE BY SPECIAL REVIEW PERMIT#428-KERR-MCGEE GATHERING, LLC • PAGE 6 facility which shall be screened from adjacent properties and public rights-of-way. N. The applicant shall submit a Sign Plan, to the Department of Planning Services, for all facility identification signs, including location and size. O. The applicant shall submit a Lighting Plan, to the Department of Planning Services, in compliance with Section 23-3-360.F of the Weld County Code. P. The applicant shall complete all proposed improvements, including those regarding landscaping, screening, access improvements, and parking lot requirements,or enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County staff and accepted by the Board of County Commissioners prior to recording the plat. Q. Written evidence from the oil and gas company indicating all requirements and agreements between the surface developer and the mineral owners and/or lessees have been completed shall be submitted, or evidence that an adequate attempt has been made to mitigate their concerns or delineate drill envelopes on the plat,shall be submitted to the Department of Planning Services. R. The applicant shall submit two (2) paper copies of the plat for preliminary • approval to the Weld County Department of Planning Services. 2. Prior to construction activities: A. A Stormwater Discharge Permit may be required for a development/ redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than,or equal to,one(1)acre in area. The applicant shall contact the Water Quality Control Division of the Colorado Department of Public Health and Environmentatwww.cdphe.state.co.us/wq/PermitsUnit for more information. Written evidence of approval shall be submitted to the Department of Planning Services. 3. Upon completion of Conditions of Approval#1 and #2 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 the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30)days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 2007-2705 PL1493 . • AMENDED USE BY SPECIAL REVIEW PERMIT#428- KERR-MCGEE GATHERING, LLC PAGE 7 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Amended Use by Special Review. Acceptable CAD formats are .dwg,.dxf,and.dgn(Microstation);acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 5. The Amended Use by Special Review activity shall not occur,nor shall any building or electrical permits be issued on the property, until the Amended Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 6. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005, should the plat not be recorded within the required thrity(30)days from the date of the Board of County Commissioner Resolution, a $50.00 recording continuance charge shall be added for each additional three(3)month period. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 17th day of September, A.D., 2007. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO • ATTEST: mid/4 r.1 Ley David E. Long, Chalrl/ Weld County Clerk to the Board 'etc; � �J se, William H. Jer e,cPip Tem BY: C.L/. tzf.2E�1t Deputy CI L to the Board 9/ `_' 2 Willi F. Garcia � 1^n AP ED)S R . Robert . Masden .0 Attorney Douglas ademach r / ca-I-C Date of signature: 2007-2705 • PL1493 SITE SPECIFIC DEVELOPMENT PLAN • AMENDED USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS KERR-MCGEE GATHERING, LLC AMUSR#428 1. Site Specific Development Plan and Amended Use by Special Review Permit#428 is for a Mineral Resource Development Facility,including Oil and Gas Support and Services,and one or more microwave or other communication transmission or relay towers over seventy feet in height(120-foot radio tower)in the A(Agricultural)Zone District and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 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, Section 30-20-100.5, C.R.S. 5. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions. 6. The applicant shall operate in accordance with the approved Waste Handling Plan. • 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. 8. The operation shall comply with all applicable State noise statutes and/or regulations. 9. Adequate hand washing and toilet facilities shall be provided for employees and visitors of the site. 10. A permanent,adequate water supply shall be provided for drinking and sanitary purposes (Well Permit#115364 and bottled water). 11. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code pertaining to Individual Sewage Disposal Systems. 12. 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 and volatile organic compounds. 13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 2007-2705 PL1493 • • DEVELOPMENT STANDARDS-KERR-MCGEE GATHERING, LLC(AMUSR#428) PAGE 2 14. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 15. The operation shall comply with all applicable rules and regulations of the Federal Communication Commission(FCC). 16. The operation shall comply with all applicable rules and regulations of the Federal Aviation Commission, as applicable. 17. A building permit shall be obtained prior to the construction or placement of any structure. An electrical permit will be required for any electrical service to equipment. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures and from structures to all property lines. 18. A plan review is required for each building for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 19. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2005 National Electrical Code, 2006 International Fuel Gas Code, and Chapter 29 of the Weld County Code. • 20. Each structure set on a foundation will require an engineered foundation based on a site-specific Geotechnical Report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 21. Building wall and opening protection and limitations and the separation of buildings shall be in accordance with the Building Code. Setback and offset distances shall be determined by the County Code. 22. Building height shall be measured in accordance with the 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. 23. The applicant shall provide a letter of approval from the Fort Lupton Fire Protection District prior to setting any equipment or structures. 24. Effective January 1, 2003, building permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 2007-2705 • PL1493 DEVELOPMENT STANDARDS- KERR-MCGEE GATHERING, LLC(AMUSR#428) • PAGE 3 25. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. 26. The facility operates twenty-four(24)hours a day, seven (7)days a week. 27. The Frederick Compressor Facility is limited to ten(10)employees. 28. Lighting on the site shall comply with Section 23-3-360.F of the Weld County Code. 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 31. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations. 32. The Amended Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards,as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 33. 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. 2007-2705 PL1493 • EXHIBIT a November 4,2011 III Anadarko E&P Company A SELINE corporation Attn: Ronald Olsen ► planning ► engineering . surveying 1099 18th Street#1800 Denver,CO 80202 RE: Mineral Owner Affidavit Dear Ronald, Pursuant to Colorado State Law (S.B 07-237 amended C.R.S §§ 24-65.5-101), and on behalf of K N Wattenberg Transmission LTD, this letter is to serve as notification of public hearings to be held on or about December 6,2011 with the Weld County Planning Commission. These public hearings are in response to a special use application amendment for the addition of six new compressors, two separators, and two slug catchers to the existing compressor station on a parcel in which Anadarko E&P Company has mineral rights. Specifically, the existing compressor station and proposed additions are located on property owned by K N Wattenberg Transmission LTD, the Weld County parcel ID number is 14691500005 (part of Section: 15, Township: 01, Range: 67) and a vicinity map is located below. K N Wattenberg Transmission LTD is pursuing approval of an amendment to an existing USR permit and notification to the Mineral owners is required by Colorado State Law. Should you have any questions, please feel free to contact Brent Kaslon with Baseline Corporation-acting on behalf of K N Wattenberg Transmission LTD-at 303.940.9966 ext. 219 or bkaslon@baselinecorp.com. The Weld County Planner in charge of the review of this project is Chris Gathman who can be reached at(970)353-6100 ext. 3537. Sincerely, • 15.x.; itt . V....L. Brent Kaslon, APA cc. Vince Harris, Baseline Corporation • Ni WCR10 e"'Oil Compressortitation z C.,) O0wntown rporate HeadquartersHigh PlainsWyomingRocky Mountains Golden Downtown Greeley Montgomery Building Pentagon West Building 012"Street,Suite 220 71011"Avenue,Suite 105 109 East 17th Street,Suite 1 2740 Acre Lane,Suite 205 Golden,Colorado 80401 Greeley,Colorado 80631 Cheyenne,Wyoming 82001 Steamboat Springs,Colorado 80487 Ph 303.940.9966 Ph 970.353.7600 Ph 307.635.1734 Ph 970.879.1825 Fax 303.940.9959 Fax 970.353.7601 Fax 866.242.9106 Fax 866.242.9106 CERTIFICATION RE: NOTIFICATION OF MINERAL INTEREST OWNERS AND LESSEES The undersigned Applicant certifies compliance with the provisions of C.R.S. § 24-65.5- 103(1), and in support thereof, states and certifies as follows: I. That Applicant has provided notice, (a copy of which is attached hereto as Exhibit "A"), containing the time and place of the initial public hearing on its application for Case Number 0 S I I — ODZ/ , the nature of the initial public hearing, the legal description by section, township and range of the property which is the subject of the initial public hearing, and the name of the applicant; 2. That said notice was provided thirty (30) days prior to the scheduled public hearing, that it was provided by certified mail, return receipt requested, or by a nationally recognized overnight courier; 3. That said Exhibit A includes the list of the names and addresses of the surface owners, mineral estate owners and lessees of mineral interests to whom the notice was sent, including those persons who have requested receipt of such notices, pursuant to C.R.S. § 24-65.5-103(3). APPLICANT: /f ..�� iPSELI�LECOe/' • nn_ '/vettr dads na,4A/fP/4ek.0 STATE OF WIDna° COUNTY OF 5p ySOA, Subscrti e�d��and sworn to before me this20�day of\becen 6eV , 200% , by Vlncovi- - s Vis j Not • bli Note: This Certification must be received by the Weld County Department of Planning Services prior to or at the initial public hearing. If the Certification is not received by that time, the hearing will be rescheduled to a later date, and Applicant must re-notify all owners of mineral interests. TIFFANY R. LOVE NOTARY PUBLIC STATE OF COLORADO My Commission Expires 02/07/15 • U.S. Postal ServiceTM CERTIFIED MAILECEIPT V • m (Domestic Mail Only;No Ins ce Coverage Provided) L.,, F r•eliveryinl.rmati•n visit•ur vre•site at www.us•s.C Rt® co 1:0 te202 e 'in ,,_� rR $0.44 0217 r Postage $ Certified Fee $2.85 08 O Postmark O Return Receipt Fee $2.30 Here O (Endorsement Required) O Reettk ad Delivery Fee $000 �n O (Endorsement Required) NUy— 4 2O ) ? Total Postage&Fees $ $5.59 11/04/2011 GOLDEN DOWNTOWN STATION o GOLDEN, Colorado rl sent To ATN; RONALD OLSEN 804019996 Street,Apt.No.; ANADARKO E&P COMPANY izi0723550217-0098 N or PO Box No. 1099 18TH ST.#1800 `4/2011 (800)275-8777 03:50:13 PM CO,Stereo ZIP+4 DENVER,CO 80202 PS Form 3800.August 2006 See Reverse for Instructions Sales Receipt Product Sale Unit Final Description Qty Price Price DENVER CO 80202 $0.44 .. m Zone-1 First Class £ C Letter a s z 2 N 0.40 OZr p p o^ID p 5 p 2 Expected Delivery: Sat 11/05/11 . ilReturn Rcpt (Green $2.30 ci — o Card) - N g Certified $2.85 e -91 „ lE01 Label #: 70110470000049108453 z 1� a a§ ° n t , ❑ o ❑ e m Issue PVT: $5.59 ti . a a, _ o >. X10 v m 2 2 m .O 't0 6 '� rl Total : $5.59 W m r y S . U) D ;oqzq o 2 = N O .� cc _ N�❑ ❑ K a Paid by: U < uUr o ei e ci ¢ MasterCard $5.59 CI E Account #: XXXXXXXXXXXX2707 o Approval #: 00276S m d SDi Transaction #: 113 d 0 o 3903030740 °' ' > g a 2 E r rl as################################## ria.c >to O ######***********#******#*#********# U O v c 0= LLI CD Z a.< N BRIGHTEN SOMEONE'S MAILBOX. Greeting u, <7, 0 " A x.12 un CO op rV .1- cards available for purchase at co n.0 0 d OQ Ua o select Post Offices. t CO it it; z 1111$.#t######4#444######r#tt11#I}#1 J N U g 4f E E ro m c O Y = U d LL • rav'i c 8yQ $ cc ce bo c r to _s «¢ 53tm o Q .-I Lll m W n1' O.cC $ Z O al > Zw m T L ~ • a E E E I ~ Z O w p c w Uc a` u°� CoCoo o Q Q2 o t 0 N ■ • ■ f CO o Esther Gesick Chris Gathman nt: Wednesday, December 21, 2011 11:51 AM .om: : Esther Gesick; Brad Yatabe Subject: FW: FREDERICK COMPRESSOR I forgot to forward this. I had a conversation with COGCC yesterday. 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 p' 1 1011 th &CEW C- OL N 1♦ 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 intents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Ash, Margaret [mailto:Margaret.Ash©state.co.us] Sent: Tuesday, December 20, 2011 1:26 PM To: Chris Gathman Subject: RE: FREDERICK COMPRESSOR Chris, In my initial review I am not finding any formal reports on noise or the fire. We do get involved in noise issues at gas compressors and remedial cleanup operations of exploration and production waste but do not do routine inspections such as we do on well sites and tank batteries. I still need to contact Jim; he may have been involved without having filled out a complaint form. I will call him this early this afternoon. Margaret A.Ash Manager Field Inspection Unit Colorado Oil&Gas Conservation Commission Office: (303)894-2100 Ext. 5110 Fax:(303)894-2109 Cell:(303)548-6298 manzaret.ashastate.co.us From:Chris Gathman fmailto:cgathman@co.weld.co.us] nt:Tuesday, December 20, 2011 12:00 PM It Ash, Margaret Subject: RE: FREDERICK COMPRESSOR , i ' . : :. 4g fir, 1 •W . E M19£.hr Hello