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HomeMy WebLinkAbout20112288.tiff INVENTORY OF ITEMS FOR CONSIDERATION Avplicci At Dietzler Water Resources Corporat CSe Nu.w&ber USR-1787 do Mickey Farnsworth Submitted or Prepared Prior to At Hearing Hearing N4 1 Staff Comments X Department of Planning Services Field Check Form Planning Commissioner Field Check Form Letter to Applicant Affidavit of sign posting Legal Notifications 2 Application X Maps Deed/ Easement Certificate Surrounding Property/ Mineral Owners N Utilities • v 3 Referral List X Referrals without comment Weld County Zoning Compliance, referral dated June 6, 2011 West Greeley Soil Conservation District, referral dated June 7, 2011 4 Referrals with comments X Weld County Department of Public Health and Environment, referral dated June 3, 2011 Town of Grover, referral dated June 10, 2011 State of Colorado, Division of Water Resources, referral dated June 15, 2011 Weld County Department of Building Inspection, referral dated July 1, 2011 Weld County Department of Public Works, referral dated July 1, 2011 5 PC Exhibits a. 30-day Mineral Notice as provided by Applicant X • e� ma , "•' 2011-2288 • "sit. 7,e e{e subw PLM.. .. .Se.' ^_s2t .o _ c e�.✓LedTLAA•Vir., ✓r.is v�e� l^.er•„v_, KUna OS2L? ❑ PLc,Avt • • 1861 - 2011 LAND USE APPLICATION SUMMARY SHEET WELD__-COUNTY u Planner: Kim Ogle • PHearing Date: August 2, 2011 Case Number: USR-1787 Applicant: Dietzler Water Resources Corporation 4970 Varsity Drive, Lisle, IL 60532 Representative: Mickey Lebya-Farnsworth — Patrick Engineering, Inc. 1499 W. 120th Street, Suite 200, Denver, Colorado 80234 Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service Facility (Water Supply & Storage) in the A(Agricultural) Zone District. Legal Description: N2NW4 of Section 13, T10N, R61W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 95; South of and adjacent to County Road 118 Section Line • Size of Parcel: 80 Acres +/- Parcel No. 0291-13-0-00-008 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Weld County Department of Public Health and Environment, referral dated June 3, 2011 Town of Grover, referral dated June 10, 2011 State of Colorado, Division of Water Resources, referral dated June 15, 2011 • Weld County Department of Building Inspection, referral dated July 1, 2011 Weld County Department of Public Works, referral dated July 1, 2011 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Weld County Zoning Compliance, referral dated June 6, 2011 West Greeley Soil Conservation District, referral dated June 7, 2011 The Department of Planning Services' staff has not received responses from the following agencies: • Weld County Sheriff's Office Pawnee Fire Protection District • Colorado Division of Wildlife EXHIBIT School District RE-12 Dietzler Water Resources Corporation USR-1787,page 1 • I 861 - 2011 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WELD._.. -eOUNTY Planner: Kim Ogle Hearing Date: August 2, 2011 Case Number: USR-1787 Applicant: Dietzler Water Resources Corporation 4970 Varsity Drive, Lisle, IL 60532 Representative: Mickey Lebya-Farnsworth— Patrick Engineering, Inc. 1499 W. 120th Street, Suite 200, Denver, Colorado 80234 Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service Facility (Water Supply & Storage) in the A(Agricultural)Zone District. Legal Description: N2NW4 of Section 13, T10N, R61W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 95; South of and adjacent to County Road 118 Section Line • Size of Parcel: 80 Acres +/- Parcel No. 0291-13-0-00-008 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.C. A.Goal 3. states: "County land use regulations recognize and respect the rights afforded by the State Constitution and associated statutes of individually decreed water rights. Water rights are considered real property and should be protected as any other private property right." The State Engineer, Division of Water Resources has permitted four(4) wells for industrial and commercial use via truck hauling on a tract of land 3840 acres in area. Section 22-2-20.C. A.Policy 3.3. states: "Land use regulations should consider the traditional and future operational viability of water-delivery infrastructure when applications for proposed land use changes are considered." The proposed facility will utilize ground water from 4 wells [74874- F, 74876-F, 74877-F and 74878-F] that are permitted through the Division of Water Resources for irrigation, industrial and commercial use, livestock, fish rearing, recreation, and pond filling on the 3840 acres of overlying land as described, and additionally in all of Weld County for industrial and • commercial use via truck hauling. Dietzler Water Resources Corporation USR-1787,page 2 Section 22-2-20.G. A.Goal 7. states "County land use regulations should protect the individual • property owner's right to request a land use change." Section 22-2-20.G. 1. A.Policy 7.1. states "County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable. The proposed groundwater loadout facility will support oil and gas companies within a fifty (50) mile radius by supplying water for their oil and gas drilling operations. Additionally, the facility may also provide water for irrigation and industrial uses. Section 22-2-20.G. 2. A.Policy 7.2. states"Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The proposed facility is located approximately four(4) miles southeast of the Town of Grover and is bordered by County Road 118 and County Road 95 to the north and west respectively. The facility will be located on an 80-acre parcel which is part of a 3840 acre land holding. Groundwater allocated from these wells will be pumped to the load out facility through a centrally located water transmission pipeline. Section 22-2-80 D. (.Goal 4. of the Weld County Code states: "All new industrial development should pay its own way." Dietzler Water Resources Corporation and their successors will be paying for all on-site and offsite improvements associated with this use as required through the improvements agreement. Section 22-4-30.A. WA.Goal.1 states "Support the development of water that is put to beneficial use, along with associated infrastructure." The proposed groundwater load out facility will provide a valuable and indispensable service to oil and gas companies. The centralized location • for load out minimizes the removal of agricultural land from production. Section 22-4-30.A. 1. WA.Policy 1.1. Acknowledge a water right as real property that is held by the individual or entity that has developed or maintained the water decree." The State Engineer, Division of Water Resources has permitted four(4)wells for industrial and commercial use via truck hauling on a tract of land 3840 acres in area. Section 22-4-30.A. WA.Goal.2 states"Strive to maintain and protect water supply storage facilities, conveyances and infrastructure adequate to sustain continued water use." The allocation of groundwater and installing a central groundwater load out facility is an appropriate use in an agricultural area. In fact, the proposed use would ultimately reduce the impacts of oil and gas operations in the area because utilizing local groundwater for production would generate less noise, dust, traffic and waste. Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the rights of private property owners and the public health, safety and welfare, recognizing that these basic rights and protections allow the free market to prosper and grow the local economy. B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A(Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Use by Special Review in the A(Agricultural)Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The facility is located in a rural agricultural area on parcel containing no improvements. Adjacent properties are utilized for grazing of cattle and similar ranching operations. Oil and gas facilities are existing encumbrances on this parcel and adjacent properties. There are no residences in the immediate area. • Development Standards and Conditions of Approval will ensure that this use will be compatible with surrounding land uses. Dietzler Water Resources Corporation USR-1787.page 3 • D. Section 23-2-220.A.4 --The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the 3-mile referral for the Town of Grover; the Town in their referral dated June 10, 2011 stated "The Town of Grover is gravely concerned about this project and its close proximity to the Town of Grover. First and foremost we are concerned about the huge amount of water that will be coming out of the facility and the effect that will have on the water table in the area. We are also immensely concerned about the huge amount of truck traffic it will bring to an area that is already being over-run with this type of traffic. Weld County Road 390 is already in a state of deterioration and we cannot imagine what 300 trucks per day going in and out of this site will do to this road, not to mention adding to the dust problem that is already out of control. Lastly, would like it noted that we will not allow any truck traffic through Grover on our main street (Chatoga Avenue) all trucks should follow the designated truck route using road 122/Wilson Avenue on the north side of Grover." The maximum projected number of groundwater delivery loads to be hauled from this facility will be 320 loads of water per day, utilizing approximately 40 tanker trucks to fill and deliver 8 loads of water per day. This Use by Special Review will be subject to a designated haul route and any intersection improvements such as adequate turning radiuses, dust control if needed, on- site improvements or upgrades necessary to accommodate this type of use. The Department of Public Works has identified the haul route for this facility. All trucks will travel north for two miles on County Road 95 to County Road 122, traveling three miles west to the paved portion of County Road 122. The four wells on the 3840 acre tract of land are permitted for industrial use per the Colorado Division of Water Resources referral dated June 15, 2011. The 80 acre tract of land is part of the 3840 acre tract of land owned by the applicant. • E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee area. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on soils designated as"Prime if the become Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The entire site is presently in rangeland and employed with ranching activities. Well permit number 56473- F is also located on this parcel and is approved for the withdrawal from the alluvium for watering of livestock. Well permit number 56473-F is not part of the water source for the proposed water supply and storage component. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. • Dietzler Water Resources Corporation USR-1787.page 4 • This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. SUMMARY OF USE: The load out facility proposed for Dietzler Water Resources will be a system of well pumps, water lines and frac storage tanks that will allow the facility to develop and store water in an efficient manner. The load out facility, including temporary water storage will occur in an area adjacent to County Road 95. In general, the pumps will be programmed to operate between parameters that allow a specific amount of water to be pumped over a pre-determined time interval. The wells will be programmed to shut down in emergency situations, and are designed to be manually controlled on site or from a remote location. The load out facility utilizes a pre-programmed company card that is swiped for access to the facility and also swiped for delivery of water. The facility is proposed to operate 24 hours— 7 days a week. The Department of Planning Services'staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) B. All sheets of the plat shall be labeled USR-1787. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) • 2) Add note: "Weld County shall not be responsible for maintenance of on-site drainage related structures."(Department of Public Works) 3) The applicant will delineate on the plat drawing the improvements at the intersection of the access drive and County Road 95, including the stop sign, the tapers, adequate turning radiuses of sixty (60) feet minimum, all rights-of-way, easements, and haul route sign located in the appropriate location prior entering onto County Road 95, and any other red line items associated with either drainage or traffic as stated in the Public Works referral dated July 1, 2011. (Department of Public Works) 4) Dimensions of parking area shall be indicated on the plat (minimum 30-degree parking space dimensions are 9-feet x 94 feet. (Department of Planning Services) 5) Identify the location and layout of the water storage components on the plat drawing. (Department of Planning Services) 6) The access will have 60 foot radius to accommodate the larger trucks entering and existing the site. (Department of Public Works) D. The applicant shall address the requirements (concerns)of the Weld County Department of Public Works, as stated in their referral response dated July 1, 2011, This includes transportation related items, e.g., installing the stop sign and haul route sign in the appropriate location as approved by Public Works, and site drainage related items. (Department of Public Works) • E. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements (Dietzler Water Resources Corporation: USR- Dietzler Water Resources Corporation USR-1787,page 5 1787)Collateral will be posted for work to be completed. The agreement and form of • collateral shall be submitted for and reviewed by the Departments of Planning Services and Public Works and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. (Departments of Public Works and Planning Services) F. The applicant shall attempt to address the requirements of the Town of Grover as stated in their referral received June 10, 2011. Written evidence of such shall be provided to the Department of Planning Services. (Town of Grover) G. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer and in accordance with the Weld County Individual Sewage Disposal Regulations. The applicant shall submit evidence of compliance to Weld County Department of Public Health & Environment. (Department of Public Health & Environment) H. If applicable, the applicant shall obtain stormwater discharge permit coverage from the Colorado Department of Public Health & Environment, Water Quality Control Division for construction activities. Written evidence of such shall be provided to the Departments of Planning Services and Public Health and Environment. (Department of Public Health & Environment) A fugitive particulate emissions control plan (dust control plan) shall be submitted and approved by the Weld County Department of Public Health & Environment. (Department of Public Health & Environment) J. The applicant shall either submit a copy of an agreement with the property's mineral • owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) 2. The applicant shall submit three(3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. 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 Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services) 5. Prior to the Release of Building Permits: A. A building permit application must be completed and two complete sets of plans including • engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) Dietzler Water Resources Corporation USR-1787,page 6 • B. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2008 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) C. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) D. Building permits are required for buildings, structures and change of use for buildings which required permits before the beginning of construction or the proposed change of use. (Department of Building Inspection) E. A building permit will be required for any new construction, alteration, or addition to any building on the property. It is recommended that a code analysis be done on the project by a design professional with experience in this area. (Department of Building Inspection) F. The applicant or the applicant's representative shall at a minimum, submit drawings and specifications for the diesel storage tank. (Department of Building Inspection) • G. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) H. A letter is required from the Pawnee Fire Protection District as to whether a fire permit will be required. (Department of Building Inspection). A letter is required from the electric service provider indicating that adequate electrical service is available to the site. (Department of Planning Services) 6. One month prior to the start of construction: A. The applicant shall submit a grading permit showing: proposed grading, erosion control placement, typical details for all BMPs to be utilized, and a Construction Stormwater permit from the Colorado Department of Public Health and Environment. The permit must be stamped by a registered professional engineer licensed in the State of Colorado. Please note that the grading permit will not be released until the applicant has signed the improvements agreement, posted collateral, and submitted the USR plat for recording. Evidence of Department of Public Works approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) • 11 Dietzler Water Resources Corporation USR-1787,page 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT • DEVELOPMENT STANDARDS Dietzler Water Resources Corporation USR-1787 1. A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service Facility (Water Supply & Storage) in the A(Agricultural) Zone District and subject to the development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. Hauling hours(truck trips to and from the facility) shall be limited 24-hours seven-days/week. (Department of Planning Services) 4. The maximum number of employees employed at the site shall be forty(40). (Department of Planning Services) 5. The haul route for this facility from the primary entrance is to travel 2 miles north on County Road 95 to Road 122 traveling 3 miles west to the paved portion of Road 122. (Department of Public Works) 6. An annual road inspection will be performed in the spring to establish the condition of the haul route and surrounding roadways to determine if any road damage was caused by the operation of the loading facility. (Department of Public Works) 7. The applicant will be responsible excavate, repair, or patch any damage on the roadways to • mitigate for heavy truck traffic volumes created by the loading facility. The type and method of repair will be determined by the Department Public Works. (Department of Public Works) 8. If road damage is beyond repair, the applicant will pay their proportional share for the reconstruction to restore the road. (Department of Public Works) 9. Roadways Improvements may be triggered due to heavy truck traffic associated with the facility: A. Full Depth Mag-Chloride will be required when the traffic volumes reach 200 vehicles per day (vpd). B. CTB (Concrete Treated Base) with a Chip Seal or RAP is required when the traffic volumes reach 300 vpd. C. Pavement is required when the traffic volumes reach 500 vpd. (Department of Public Works) 10. Turn lanes will be triggered once traffic volumes meet the following warrants: A. 25 vehicles per day (vpd) turning right into the facility during a peak hour. B. 10 vph turning left into the facility during a peak hour. C. 50 vph turning right out of the facility during a peak hour. (Department of Public Works) 11. No parking or staging of commercial vehicles on the county road is allowed. Use on-site parking area. (Department of Public Works) 12. Weld County shall not be responsible for the maintenance of on-site drainage related structures. (Department of Public Works) • Dietzler Water Resources Corporation USR-1787,page. 8 13. The fresh water storage and loading system shall be operated in a manner to minimize spills. • Fresh water spills should be captured in above ground containment areas for reuse or allowed to infiltrate. There shall be no discharge from this process to surface waters or to the facility's stormwater management system in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health & Environment) 14. No permanent disposal of wastes shall be permitted at this site. Any liquid or solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved Waste Handling Plan. (Department of Public Health & Environment). 15. Fugitive dust shall be controlled on this site. The facility shall comply with their approved fugitive dust control plan. (Department of Public Health & Environment) 16. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment) 17. Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and patrons of the facility at all times. (Department of Public Health & Environment) 18. This facility shall comply with the laws, standards, rules and regulations of the Water Quality Control Commission, Air Quality Control Commission, Hazardous Materials and Solid Waste Division, and any other applicable agency. (Department of Public Health & Environment). • 19. The landscaping/screening on site shall be maintained in accordance with the approved Landscape/screening Plan. (Department of Planning Services) 20. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties; and Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 21. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of Planning Services) 22. 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) (Department of Planning Services) 23. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 24. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 25. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) • 26. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Dietzler Water Resources Corporation USR-1787,page. 9 Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) • 27. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 28. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) • • Dietzler Water Resources Corporation USR-1787,page. 10 • DEPARTMENT OF PLANNING SERVICES ( 8 6 1 - 2 0 I I 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (9(970)304-6498 WEL NTY I July 15,2011 Mickey Leyba-Farnsworth Patrick Engineering, Inc. 1499 W 1201"Ave,Ste 200 Denver CO 80234 Subject: USR-1787-A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service Facility (water supply & storage) in the A (Agricultural) Zone District on a parcel of land described as N2NW4 Section 13,T1 ON, R61W of the 6th P.M.,Weld County,Colorado. Dear Applicants: • I have scheduled a meeting with the Weld County Planning Commission on August 2, 2011, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department,918 10th Street, Greeley, Colorado. A subsequent hearing will be held on August 24, 2011 at 10:00 a.m., in the Chambers of the Board of County Commissioners,Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at http.//www.co.weld_co.us/Departments/PlanninciZoninq/Pla n ni ngDepa rime nt/index_Mml If you have any questions concerning this matter, please call. Respectfunv DReasollyn:signed a Kthioriofe Random Reason: am the authorn this document Location:1555 N 17th Ave Date:2011.07.15 16:09:16-06'00' Kim Ogle Planner • PLANNING COMMISSION AND BOARD OF COUNTY • COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JULY 22, 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. KIM OGLE. HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER SUPPLY & STORAGE) IN THE A(AGRICULTURAL) ZONE DISTRICT KIM OGLE Name of Person Posting Sign Sign.ature of Person Posting Sign • STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of 1 I\ . 2011 WITNESS my hand and official seal.-at/ I Notary Public My Commission Expires: C� ®' iV O� s *d7 A,p` -re • EXHIBIT I COLORADO NOTICE i , • [ring Concerning I A PUBLIC HEARING CONCERNN TY Will be Held at: THIS PROPERTY WILL BE HELD Al G w coc fanning Office I Nr �► 1s a.`1ew siviLo reet Greeley, CO ` ' 1� � SC,,f e21Z6eLe\s- C-C)Lc R6:00 ON A _ , 20.E AT to(to,, 20 �; ; at: 1 :30 P.M. NAME % N1 cc REQUEST ski, ., . �‘g. - vt.....t �. 4 ° A CASE N0. . ; �' i J -- 1��t, 42. FOR MORE INFORMATIONACRES WELD � CALL OUNTY DEPARTMENT OF - PLANNING SERVICES AT (970)353-6100 ext. 3540 = • r tl. +.,, F t a.. a •�� 6 = ■!e:ir.,. 471 Y.. V Co n r =�f j t=°� fit , - -' - c ` Z1 + ' , t� �{ R S''''' CD Y^ o o - C-< CO VI 'fl D '' Iv C 4 it4 ;" Q cv 0 +, o �; (p °— (1)fa co G3 O r ,0 y'l 7.13 0 • - - ,. © v itY a r I 8/18/2011 • _ - - `I. a — 1 ♦._ — . ; 3 [ i -d - - ._ : .. 7,- ,-1 ' .4 , ' r i 1 � .1 1 l. i .� �r . . y ._„ • I••! S P.• � ' ��' :, . .,(�'+ 1+ F 4 • A ..-- .11 .• - -i'' ?..- .l ''t I' 1 I. '':,nCa, v''l. I'I t ��' : `? �' .I Hit.' ' 1 II LE T r -II-. 1 j• �� orikiiitis • : .•or i 44 s''-•-., j � ----i. i: : 4 . ' • �: i R / lam yI .1 1 l t le. ar 1 ssw .Li 1 r . �.. .,h • 1 . -. - - - - f • • • ' �iJ►'t r .Y. .-. -. SS s - • + ~ � T� — J VIEW ACROSS SITE TO EAS • 1 8/18/2011 • iiiiiiiihissa • IIS C ' •, 4 . • . VI TO WES : , :.ROP_ • ' - 1 a .. _, - ti • "�� r � •�f7�T 1:../ H . Jim ' ! iL / ie_yam .�!•;'�'`{i . °y 4. • r ., .. .$) .;i, • �} .> •,_. b - 4r: • sj� ��I�- t - - i •!' 46 • • 2 8/18/2011 • • • VIEW OF CR 95 NORTH, SITE TO EAST • Iiiiiiii_ . .. - - .r ,, . t — - J - -,.' jf _ K ri?t 111/ - - .1W -!II t' : :' .Y Y' ., ���� �,, 1. fit..� >♦ � } lY s -lib , Styi1'ii'e% 710'5 I' �' ' tWit:- �� �__ ��yy • 3 FIELD CHECK Inspection Date: July 7, 2011 • Planner: Kim Ogle Case Number: USR-1787 Applicant: Dietzler Water Resources Corporation 4970 Varsity Drive, Lisle, IL 60532 Representative: Mickey Lebya-Farnsworth — Patrick Engineering, Inc. 1499 W. 120th Street, Suite 200, Denver, Colorado 80234 Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service Facility (Water Supply & Storage) in the A (Agricultural) Zone District. Legal Description: N2NW4 of Section 13, T10N, R61W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 95; South of and adjacent to County Road 118 Section Line Size of Parcel: 80 Acres +/- Parcel No. 0291-13-0-00-008 Zoning Land Use N Agricultural N Rangeland E Agricultural E Rangeland • S Agricultural S Rangeland W Agricultural W Rangeland Comments: Property is fenced in a small area without improvements, 3-strand barbwire fencing is adjacent to the County Road, with cattle grazing the property. Overhead electric on single wood poles are north on CR 95 and are parallel to CR 118. County Road 95 is an all weather road and CR 118 does not exist at this location. Noble Energy has an easement transecting the site Northwest to Southeast. It is marked with posts and signs. Property is generally flat with slopes in distance. Good sight distance north and south from proposed access point. No culvert is present Residential structures are present on CR 95/CR 112 NE4 and in the general location on north of CR 118 at R 390. Si at • O Access to Property ❑ Site Distance Kristine Ranslem From: Kristine Ranslem nt: Wednesday, June 01, 2011 1:11 PM 'mleyba@patrickengineering.com' Subject: Case USR-1787 Attachments: Applicant letter.pdf; image003.png Please see the attached letter. If you have any questions, please let us know. Thank you! K.ristLwe RXutslevin. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 ,I.E4 P ti W Ei`D ' 9 N?Y u_ C O 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 0)tected 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 contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • 1 DEPARTMENT OF PLANNING SERVICES • 18 6 1 - 2 0 1 I 1555 N 17th AVE . GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 • _ FAX: (970)304-6498 WELD--COUNTY I June 1, 2011 Mickey Leyba-Farnsworth Patrick Engineering, Inc. 1499 W 120th Ave, Ste 200 Denver CO 80234 Subject: USR-1787 - Request for a Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service Facility (water supply & storage) in the A (Agricultural) Zone District on a parcel of land described as N2NW4 Section 13, T10N, R61W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. • Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Grover Planning Commission for their review and comments. Please call Grover at 970-895-2213 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Grover Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully. Risol:sm signed a Kristine his om Reason: amtheauthor document this Location:1555 N 17th Ave Date:2011 O6 O1 11:50:30 06'00' Kim Ogle Planner • Kristine Ranslem From: Kristine Ranslem art: Wednesday, June 01, 2011 1:12 PM 'ee@reninsurance.com' Subject: USR-1787 Field Inspection Attachments: PC FIELD CHECK.docx; image003.png We have just received a case (USR-1787) in which we ask that you review the material and send the attached field inspection form to us by July 1, 2011. The following is a quick link to the case in question: http://www.co.weld.co.us/Departments/PlanninciZoning/PlanningDepartment/index.html#1787 If you have any questions, please don't hesitate to contact me at the number below. Thank you! kxLstLvtz vAsLevin.. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 Q,. ) I W E.V3 'c O U N-Y 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. • • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES PLANNING DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 W E L DEC O U N T Y 970-353-6100 EXT 3540 FAX 970-304-6498 koqle@co.weld.co.us May 18, 2011 Mickey Leyba-Farnsworth Patrick Engineering Inc. 1499 West 120th Street, Suite 200 Denver, Colorado 80234 Subject: Completeness Review of Land Use Application Special Use Permit for Oil and Gas Support and Service Facility (Water Supply and Storage) in the Agricultural Zone District Dear Mickey: The Departments of Planning Services, Building Inspection, Environmental Health and Public • Works have completed their review of the documents submitted for review post pre-application meeting held in the offices of the Department of Planning Services on March 11, 2011. This letter serves as a joint response from all County departments on the completeness of the submitted materials prior to accepting the application and the application fee. The Department of Planning Services reviewed the Questionnaire component of the submitted materials and the supplemental materials and offers the following comments. 1 Planning staff requests an electronic copy of the application materials including the maps prepared for this proposed facility. 2. Please provide narrative on how the load out facility operates. The application materials state that water from wells is piped to frac tanks for storage. A) How is water transferred to each frac tank; B) Water in frac tanks is conveyed to each water tanker utilizing what method; C) Are there any structures associated with the delivery of this water to the tankers; D) Please elaborate on the structures associated with the load out facility; E) What method regulates the amount of water piped to each storage tank; F) Is there scada and the ability to remotely shut down the facility; G) Is there any perceived use for a telecommunications tower to be located on site for present or future uses associated with this facility? 3. Please provide narrative and optimally, cut sheet(s) for the light standards to be utilized • with the facility for 24-hour operation. Light poles are called out on plat. 4. Please provide narrative on how access is gained to the facility. Card swipe? • Password'? Key? Other? What protocol is established in case of power failure? 5. Please identify the service provider for the overhead power adjacent to County Road 95. 6. What species are the proposed trees, and at what size will they be installed on site and in what manner— box, B&B or bare root. How will they be irrigated? 7. A Facility sign does not appear to be proposed, will there be one? At a minimum one should be provided to address the emergency condition, should it occur. 8. At the pre-application meeting staff noted that port-a-lets would not be supported at the staff level as policy dictates that any facility which operates for periods greater than 6 months must have permanent facilities. 9. Along the same vein, a public water supply will be required for drinking, sanitary and handwashing for employees/ patrons of the facility. The Department of Building Inspection will require building permits prior to construction of all temporary and permanent facilities. 1. Building permits are required for buildings, structures and change of use for buildings which required permits before the beginning of construction or the proposed change of use. 2. Buildings, structures and use shall conform to the requirements of the various codes adopted at the time of acceptance of the permit application. Currently the following • codes have been adopted by Weld County: 2006 IBC; IMC: IPC; IECC; 2008 National Electrical Code; 2003 ANSI 117.1 Accessibility and Chapter 29 of the Weld County Code. The Department of Environmental Health returned an electronic mail referral dated May 16, 2011 requests additional information specific to the following: 1. Will the applicant be installing a back-up generator and fuel tank? The Department of Public Works in their referral dated May 13, 2011 states Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. SITE PLAN REVIEW: Items identified in red on the plat drawing need clarification. Is "Aggregate Pavement" asphalt, hot bituminous pavement (HBP), recycled asphalt base, cold recycled millings, or aggregate base course (ABC)? TRAFFIC STUDY: The applicant has supplied a Traffic Impact Study from Fox Higgins Transportation Group. A technical review of the traffic study will be performed once the submittal application is deemed acceptable and promoted to the review phase of the planning process. The Traffic Impact • Study was not stamped, signed, and dated by a professional engineer licensed in the State of Colorado. PRELIMINARY DRAINAGE: The applicant has supplied a Preliminary Drainage Report from Patrick Engineering. The report was not stamped, signed, and dated by a professional engineer licensed in the State of Colorado. Before a technical report can be started on the report, it must be stamped, signed, and dated by a professional engineer licensed in the State of Colorado. A final drainage report and construction drawings will be required prior to recording of the plat. In an effort to save time after the BOCC hearing, the applicant may want to consider submitting a final drainage report and construction drawings for review when the application is submitted for a USR. GEOTECHNICAL SOIL REPORT: A geotechnical soils report is not required at this time. SPECIAL FLOOD HAZARD AREA: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). IMPROVEMENTS AGREEMENT: This Special Use Permit will be subject to a designated haul route and any intersection improvements such as turning radiuses or upgrades necessary to accommodate this type of use. ACCESS: The applicant shall delineate the proposed access for USR site on the plat. However the exact • location is not approved until an access permit is received and approved by the Weld County Department of Public Works Traffic Engineer. Appropriate access photographs (From the Left, Right, & into the access) and fees are required as part of the access permit. This concludes Public Works evaluation of the submitted materials. This office will proceed with the application when the issues here have been addressed. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. Sincerely, 4. ,,,,,,,,, .,,,::.:-.„-., Kim Ogle Planning Services ec: PA11-035 Planning Correspondence D.Carroll.PW L.Light,EH J.Gesick.BI • • 7-Day Completeness Review PRE-APPLICATION MEETING NOTES: PA11-035 Applicant: DIETZLER WATER RESOURCES CORPORATION Case#: Pending USR Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service Facility (water supply & storage) in the A (Agricultural) Zone District. Legal Description: N2 NW4 Section 13, T1 ON, R61W of the 6th P.M. Weld County, Colorado Location: Approximately 0.25 miles South of County Road 118, East of and adjacent to County Road 95 Size of Parcel: 80 +/- acres Parcel Number: 0291-13-0-00-008 RETAIN PACKET AS ENTIRE APPLICATION ❑ Public Works o Health Building ❑ Planning Narrative: Dietzler Water Resources Corp. is proposing a groundwater loading facility project near Grover. Currently two (2) wells have been permitted through the State and one well has been completed. The second well is currently being drilled and is located near the proposed loading facility East of • County Road 95 and South of County Road 118. Two additional wells are also proposed. In addition, the applicants are proposing a transmission water line which runs from Well#2 to the loading facility. When all the wells are completed they will connect to the water transmission line. The applicants intend to provide water to oil and gas companies as well as for municipal and industrial uses Comments: �7�€ cQ5` Z,...ci1 ,-cam ( 1 Date: May 11, 2011 Comments Due No Later than May 17, 2011 Questions, call, thanks Kim, x 3549 • I 8 6 I - 2011 DEPARTMENT OF PLANNING SERVICES • BUILDING INSPECTION DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 WELD. -COUNTY 970-353-6100 EXT 3532 FAX 970-304-6498 jgesick( co.weld.co.us Date: May 23, 2011 Applicant: Dietzler Water Resources Corperation Project: A Site Specific Development Plan and a Special Review Permit for Oil and gas Support and Service Facility (water supply and storage) in the A (Agricultural) Zoned District. Case Number: Pending USR Parcel Number: 0291 13 000008 After reviewing the application and documents submitted the Building Department has • the following comments: 1. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 2. Buildings, structures and use shall conform to the requirements of the various codes adopted at the time of acceptance of the permit application. Currently the following codes have been adopted by Weld County: 2006 IBC; IMC; IPC; IECC; 2008 National Electrical Code; 2003 ANSI 117.1 Accessibility and Chapter 29 of the Weld County Code. Sincerely, Jonathan Gesick Plans Examiner/Building Inspector— . RECEIVED MEMORANDUM MAY Te2o1i abiZo „ Weld Cowry r:„ nr,,g Department TO: Kim Ogle, Planning Services DATE: May 1WigilltY OFFICE FROM: Donald Carroll, Engineering Administrator i pt/ W E L� N T Y Public Works Department SUBJECT: 7 Day Completeness Review— PA11-035 Dietzler Water Resources Corporation Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. SITE PLAN REVIEW: Items identified in red on the plat drawing need clarification. Is "Aggregate Pavement" asphalt, hot bituminous pavement (HBP), recycled asphalt base, cold recycled millings, or aggregate base course (ABC)? TRAFFIC STUDY: The applicant has supplied a Traffic Impact Study from Fox Higgins Transportation Group. A technical review the traffic study will be performed once the submittal application is deemed acceptable and promoted to the iew phase of the planning process. The Traffic Impact Study was not stamped, signed, and dated by a professional engineer licensed in the State of Colorado. PRELIMINARY DRAINAGE: The applicant has supplied a Preliminary Drainage Report from Patrick Engineering. The report was not stamped, signed, and dated by a professional engineer licensed in the State of Colorado. Before a technical report can be started on the report, it must be stamped, signed, and dated by a professional engineer licensed in the State of Colorado. A final drainage report and construction drawings will be required prior to recording of the plat. In an effort to save time after the BOCC hearing, the applicant may want to consider submitting a final drainage report and construction drawings for review when the application is submitted for a USR. GEOTECHNICAL SOIL REPORT: A geotechnical soils report is not required at this time. SPECIAL FLOOD HAZARD AREA: • This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency(FEMA). IMPROVEMENTS AGREEMENT: This Special Use Permit will be subject to a designated haul route and any intersection improvements such as turning radiuses or upgrades necessary to accommodate this type of use. ACCESS: The applicant shall delineate the proposed access for USR site on the plat. However the exact location is not proved until an access permit is received and approved by the Weld County Department of Public Works affic Engineer. Appropriate access photographs (From the Left, Right, & into the access) and fees are required as part of the access permit. M:\PLANNING—DEVELOPMENT REVIEWV-DayCompletenessReviews\2011\Dietzler Water Resources Corporation 7-Day.docx • 7-Day Completeness Review PRE-APPLICATION MEETING NOTES: PA11-035 Applicant: DIETZLER WATER RESOURCES CORPORATION Case#: Pending USR Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service Facility (water supply & storage) in the A (Agricultural) Zone District. Legal Description: N2 NW4 Section 13, T10N, R61W of the 6th P.M. Weld County, Colorado Location: Approximately 0.25 miles South of County Road 118, East of and adjacent to County Road 95 Size of Parcel: 80 +/-acres Parcel Number: 0291-13-0-00-008 RETAIN PACKET AS ENTIRE APPLICATION e Public Works ❑ Health ❑ Building n Planning Narrative: Dietzler Water Resources Corp. is proposing a groundwater loading facility project near Grover. Currently two (2) wells have been permitted through the State and one well has been completed. The second well is currently being drilled and is located near the proposed loading facility East of • County Road 95 and South of County Road 118. Two additional wells are also proposed. In addition, the applicants are proposing a transmission water line which runs from Well #2 to the loading facility. When all the wells are completed they will connect to the water transmission line. The applicants intend to provide water to oil and gas companies as well as for municipal and industrial uses Comments: �a...4, (c1 5— (f- 2O Sl3- lull Date: May 11, 2011 Comments Due No Later than May 17, 2011 Questions, call, thanks Kim, x 3549 41 186 , _ 20 , , MEMORANDUM TO: PA11-035; Case File, pre-application IIWELo , IN NTY DATE: March 11, 2011 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for groundwater loading facility Attendees: Mickey Leyba-Farnsworth, Patrick Engineering Clay Kimmi, Public Works Don Carroll, Public Works Lauren Light, Environmental Health Troy Swain, Environmental Health Tom Parko, Planning Kim Ogle, Planning Kris Ranslem, Planning On Friday, March 11, 2011 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed groundwater loading facility. (The legal • description is portions of Sections 17, 18, 19, 20, 28, 29, 30 and 31, T10N, R60W and portions of Sections 13 and 24, T10N, R61W of the 6th P.M.) Background Information: Dietzler Water Resources Corp is proposing a groundwater loading facility project near Grover. Currently two (2) wells have been permitted through the State and one well has been completed. The second well is currently being drilled and is located near the proposed loading facility East of CR 95 and South of CR 118. Two additional wells are also proposed. In addition, the applicants are proposing a transmission water line which runs from Well #2 to the loading facility. When all the wells are completed they will connect to the water transmission line. The applicants intend to provide water to oil and gas companies as well as for municipal and industrial uses. Health Department The applicant expressed that they would like to have portable toilets. Staff stated that they may request it; however their policy is to allow it for temporary use only, 6 months or less in duration. The applicants are proposing to have a 500 gallon diesel tank onsite. No State Permit is required as it is under 660 gallons. The applicant stated that the water will be pure; therefore they have designed the system to pump any water back into the storage tank and it will not pond or infiltrate the ground. • A Dust Abatement Plan will be required. For examples please visit: http://www.co.weld.co.us/Departments/PlanninaZoninq/PlanningDepartment/ApplicationAssistance. html Public Works According to the proposed design of the loading facility, it shows two separate access points. Staff • stated that only one (1) access will be granted. Tracking pads consisting of double cattle guards will be required. The applicant indicated that there will be a maximum of 320 trucks per day;therefore a Traffic Study will be required. A Haul Route will need to be designated. Staff requested that trucks stay off of CR 390. An Improvements Agreement will be required upon designation of a haul route. If the water transmission lines will be crossing county roads or rights-of-way including Section Lines, the applicant will need to submit Crossing Permits. For more information, please contact Amy Burry at 970-304-6496 ext. 3764. A Full Drainage Report will be required. In the interest of time, the applicant may skip the Preliminary Drainage Report. The design will need to be for the 100 year storage with a 5 year release rate. Planning Department The water transmission pipeline is proposed to be 14 to 16 inches in diameter. When the applicant asked if the water transmission line needs to be permitted, staff stated that only the loading facility will need to be permitted. For the purpose of application, the entire site will be encumbered by the Special Use permit boundary,therefore the applicant may Quit Claim Deed the site for 80 acres and permit the load out • facility under a USR permit or submit a Recorded Exemption to split off the loading facility. The applicant indicated that they may prefer the Quit Claim process. There will be outside lighting; however it will not shine on any adjacent properties. The applicants intend for the facility to be unmanned. It will all be metered and have access codes for access by water haulers into the facility. The application materials indicated hours of operation are Monday through Friday from 7 am to 6 pm with occasional hours on the weekends. Staff suggested that this facility operate 24/7 as the oil field operates on this schedule. According to Weld County Code, a 16 s.f. sign is allowed in the agricultural zone district. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the above notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. End memorandum. • Kristine Ranslem Subject: PRE-APPLICATION MEETING: Groundwater Loading Facility location: PLANNING OFFICE, 1555 NORTH 17TH AVENUE, GREELEY, CO 80631 (970) 353-6100 X 3540 Start: Fri 3/11/2011 10:00 AM End: Fri 3/11/2011 11:00 AM Recurrence: (none) Meeting Status: Accepted Organizer: Kim Ogle Required Attendees: Kristine Ranslem; mleyba@patrickengineering.com; Clayton D. Kimmi; Heidi Hansen; Donald Carroll; Troy Swain; Lauren Light; Tom Parko When: Friday, March 11, 2011 10:00 AM-11:00 AM (GMT-07:00) Mountain Time (US& Canada). Where: PLANNING OFFICE, 1555 NORTH 17TH AVENUE, GREELEY, CO 80631 (970) 353-6100 X 3540 Note: The GMT offset above does not reflect daylight saving time adjustments. [Daniel Dietzler] Dietzler Water Resources Corp is proposing a groundwater loading facilities project near Grover. The entire property is located in portions of Sections 17, 18, 19, 20, 28, 29, 30, and 31,T10N, R6OW and portions of Sections 13 and 24,T10N, R61W of the 6th P.M. Currently two wells have been permitted through the state and one has been ompleted (Well #1). The second well (well#2) is currently being drilled and is located near the proposed loading facility of CR95. At this point the applicant is including the parcel number 0291-13-0-00-008, for Section 13,Township 10N, Range 61W on the pre-application form. This parcel is where well No. 2 is currently being drilled and where the groundwater loading facility is proposed off of CR95. Additionally, the applicant desires to discuss the options available for Well #1. As far as Option No. 1, the loading facility will be located within one section and the tanks are to be located within several different sections. Questions posed by the applicant include: Will only the loading facility need to be included within the USR boundary? At this point only well No. 1 and No. 2 are proposed, but there will be several additional wells located with the approximately 4,186 acres that will tie into the groundwater loading facility. We are planning on designing a transmission line which runs across Sections 29 and 19, T10N, R61W and Section 13,T10N, R61W to the loading facility. The additional wells (locations to be determined in the near future) will tie into this main transmission line. Do the wells and transmission lines need to be included in the USR? Project Mapping will arrive under separate transmission Contact Information: ickey Leyba-Farnsworth trick engineering 1499 West 120th Avenue, suite 200 1 • ENGINEERING MEETING AGENDA MEETING DATE: March 11, 2011 MEETING TIME: 10:00 a.m. LOCATION: WC Planning Office— 1555 N. 17th Greeley PROJECT: DWR—Groundwater Loading Facility PURPOSE: Use By Special Review Pre-Application ATTENDEES REPRESENTING PHONE. Kristine Ranslem Weld County Planning Services Kim Ogle Weld County Planning Services Clay Kimmi Weld County Drainage & Floodplain Engineering Heidi Hansen Weld County Engineering Don Carroll Weld County Engineering Troy Swain Lauren Light Weld County Health Department • Tom Parko Weld County Planning Services Mickey Leyba- Farnsworth Patrick Engineering, Inc. 303.532.8627 DISCUSSION ITEMS: 1. Project Concept and Intent: Groundwater Loading Facility for Industrial & Municipal use, more specifically for Oil and Gas Companies. • Specific users are not yet determined, but interested companies have been identified. • 4—Well permits have been issued by the State for Industrial and Municipal use. o(2) wells within Section 13 (S Ranch) —Laramie Fox Hills and Laramie Aquifer o (2) Wells within Section 29 (112 Ranch)— Laramie Fox Hills and Laramie Aquifer • Copies of the 4 permits will be emailed to Kim Ogle by Monday— Production permits were issued on 3/9/11 and we currently only have access to the permit numbers. • Well #2 (112 Ranch) will pump a maximum of 250 GPM • Well #1 (S Ranch) is currently being drill and is scheduled to be complete by Monday. Flow analysis will be performed, but expected to be less than Well #2. • • Project site is currently permitted for 1600 acre-ft per year • Section 13, Township 10N, Range 61W Patrick Engineering Inc. Partnering to Build Better infrastructure Page 1 of 3 SWAM ENGINEERING MEETING AGENDA • 01 - Laramie Fox Hills Aquifer Well Tbty\ 1-FPr11'Ui-1 0 1— Laramie Aquifer Well it • Section 28, Township 10N, Range 60W o 1 Laramie Fox Hills Aquifer Well 0 1 — Laramie Aquifer Well • Permitted for 1600 Acre-Ft per year • High West will be extending 3-phase to the load out facility o They have a re-capture agreement that will allow my Client some rebate in the future. o We will be extending the High West line 1 mile. o High West fee is $45K/mile to extend 3-phase • Temporary power will require generators for the well pumps and at the load out facility. 2. Buildings: Maintenance/tool shed and Frac Tanks only • Total Frac Tank storage will be approximately 330,000 Gal. • 1 Frac Tank = 500 BBL • • Client will initially start with 4 Frac Tanks ) /3. Hours: 7 A.M. to 6 P.M. M — 4. Traffic: Oil Companies will be responsible for their designated truck routes to be taken for transport of water. ,i • Projecting approximately 320 truckloads per day tref{1t4 ',loo ye\ • Truck pickup and delivery will be up to a 50 mile radius • Assumes Water Tanker delivers (1) round trip load every (2.5) hours • We are proposing 2 access points off of CR95 (see attached Exhibit 3) 5. Landscaping 6. Drainage & Erosion Control Requirements 7. Utility Design and Private Improvements • Water pipeline from all wells to the load facility will be entirely private and should not need to be permitted through the County. Is this a correct assumption? • Each well will be pumped and monitored by a Programmable Logic Controller (PLC) system to the Load Out facility at CR95 via 1 main pipeline • • Approximate location will run from Well #2 (112 Ranch) northwest to the load out facility. Patrick Engineering Inc. Partnering to Build Better Infrastructure Page 2 of 3 Part ENGINEERING MEETING AGENDA • 8. County Development Process • USR Standards • What will the USR boundary need to include? We propose the boundary includes only the area required for the load out facility and not the area of the pipeline and additional wells. • Tom identified (3) options for the USR o Permit the facility on the entire section (S13) o Create an 80 acre parcel by deed and permit the facility on the 80 acres. o Process a RE Plat to create a smaller parcel for the load out facility. 9. County Impact and Development Fees • Client is requesting a list of all fees for development. 10. Public/Private Improvement Agreements Prepared by: Mickey Leyba-Farnsworth Date:3/10/11 • • Patrick Engineering Inc. 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L a- ..•• Ph - • .•. i !. 34 35 11N 61W 31 32 33 11N 601A/ 35 36 36 I 02 01 06 05 04 03 02 01 al 10N 61W 11 12 07 08 09 10 11 12 Gross Acres: 160 Mineral Right Acres: 80 50% 14 13 18 it17 y16 15 14 13 Gross Acres: 320 Mineral Right Acres: 80 Gross Acres:280 10 N 6 0 W Gross Acres: 480 25% Mineral Right Acres: 140 ,IM- 0. ist Mineral Right Acres: 120 50% 25% II I IIIII Gross Acres: 160 Gross Acres: 160 Mineral Right Acres: 80 Gross Acres: 200 Right Acres 80 50% Mineral Right Acres. 100 4 50% 50% 24 20 21 I- Mineral r2223 24 19 Gross Acres: 160iir # Gross Acres: 320 Mineral Right Acres. 40 Mineral Right Acres: 160 25% 50% Gross Acres: 160 Gross Acres: 320 L Mineral Right Acres: 80 Mineral Right Acres: 80 50% 25% Contingent 10% 26 25 30 29 27 26 25 35 36 35 36 31 32 33 34 a ` 03 02 01 02 01 06 05 04 / Gross Acres: 320 Mineral Right Acres: 160 Gross Acres 400 50% Mineral Right Acres 200 50% 12 11 12 07 08 09 i1 Gross Acres 320 Gross Acres 320 Mineral Right Acres: 80' Mineral Right Acres: 120 25% M 5 37.5% r - 9N 61W 9N 60W Gross Acres: 160 Mineral Right Acres: 40 25% 14 13 18 17 16 15 - -14 13 1-. 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To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information a brief narrative and a map delineating the property location,in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre-application review request. • Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Mickey Leyba-Farnsworth Phone:303-532-8627 Fax: 303-532-8621 Email: mleyba@patrickengineering.com Address: 1499 West 120th Ave.Suite 200 • Project Description:Groundwater Loading Facility Property Information: Section-Township- Si3-T1 ON-R61 W Zoning AG Range Parcel Number 029113000008 Acreage 633 acres Site Address N/A Water Source Well Legal Description All Section 13-T10N-R61 W Sewer N/A Owner Name Daniel P.Dietzler Is this property currently in violation? Q Yes ONo Case Number Preferred date and time for meeting: 3/11/2011 morning e_ tot: Office Use Only Project Title: Description: Review Date: Meeting Date/Time: Weld County Department of Planning Services Greeley Office— • 1555 N 17'"Ave, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax:970-304-6498 I _ Tom Parko From: Leyba-Farnsworth, Melissa [mleyba@patrickengineering.com] nt: Thursday, March 03, 2011 9:41 AM o: Tom Parko Subject: RE: Use By Special Review-Groundwater Loading Facility Attachments: image001.png Tom, Thank you for the follow up. At this point I will go ahead and only include the parcel number for section 13, Township 10N, Range 61W on the pre-application form . This parcel is where well No. 2 is currently being drilled and where the groundwater loading facility is proposed off of CR95. As far as Option No. 1, the loading facility will be located within one section and the tanks are to be located within several different sections. Will only the loading facility need to be included within the USR boundary? At this point the map I sent you includes only well No. 1 and No. 2, but there will be several additional wells located with the approximately 4,186 acres that will tie into the groundwater loading facility. We are planning on designing a transmission line which runs across sections 29 and 19,T10N, R61W and 513,T10N, R61W to the loading facility. The additional wells (locations to be determined in the near future) will tie into this main transmission line. I am unclear as to if the wells and transmission lines need to be included in the USR? I believe we will be able to work through all of this during the pre-application meeting. If we can be scheduled for what you have available on the 11th would be helpful in order for me to keep things moving forward for my Client. Thank you. Mickey Leyba-Farnsworth Project Manager *TRICK COMPANIES 499 West 120th Ave.i Suite 200 i Denver,CO 80234 Office 303.532.8627 Cell: 303.594.4542 From:Tom Parko [mailto:tparko@co.weld.co.us] Sent:Thursday, March 03, 2011 8:16 AM To: Leyba-Farnsworth, Melissa Subject: RE: Use By Special Review-Groundwater Loading Facility Mickey: Go ahead and complete the pre-application and send it back to me. I will retain your emails for the narrative and the maps. After looking this over with another planner there are three options, and all will require a USR. Option No.1 is to permit the facility and well on the section it is located on and encumber the entire property.This option is something that the owner probably wants to avoid. Option two is to permit the facility and well on an 80 acre parcel. Weld County's minimum lot size in the Agricultural zone is 80 acres and as long as the minimum is established it does not require an RE and the 80 acres can be created by deed. Option three is to permit the well and facility on less than 80 acres, but this will require an RE since is falls below the minimum lot size. We can talk about this further during the pre- app.We still have some slots available on March 11th. •ind regards, Tom Parko, M.A., CFM 1 Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue reeley, CO. 80631 ef fice:970-353-6100, ext 3562 Mobile:970-302-5333 I a 6 i -2011 wFu-a c613 NL lr 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. From: Leyba-Farnsworth, Melissa [mailto:mleyba@patrickengineering.com] Sent:Wednesday, March 02, 2011 3:41 PM To:Tom Parko Subject: Use By Special Review-Groundwater Loading Facility Tom, hank you for taking my call earlier. My new contact information is below for your reference. In regard to the USR application we discussed, I have attached several files for your reference. As I mentioned, Dietzler Water Resources Corp. is the Client and is proposing a groundwater loading facilities project near Grover. The entire property is located in portions of sections 17, 18, 19, 20, 28, 29, 30, and 31,T10N, R60W and portions of sections 13 and 24,T10N, R61W of the 6th P.M. Currently two wells have been permitted through the state and one has been completed (Well #1). The second well (well#2) is currently being drilled and is located near the proposed loading facility off of CR95. I am looking for some direction to begin processing a USR application. Would the USR boundary encompass all of the Clients property? Also, please disregard Loading Facility 112 identified on attached Exhibit 1. This is no longer proposed for the project. Please let me know if you would like any additional information. I look forward to working with you on this project. Mickey Leyba-Farnsworth Project Manager PATRICK COMPANIES 1499 West 120th Ave.I Suite 2001 Denver,CO 80234 Office 303.532.8627 Cell: 303.594.4542 *****Patrick Engineering Inc. Confidentiality Notice: The information contained in the above e-mail message or messages (which includes any attachments) may contain confidential, proprietary, or legally privileged information. It is intended only for the use of the person or entity to which it is addressed. If you are not the addressee any form of disclosure, copying, modification, distribution, or any action taken or omitted in reliance on the information is unauthorized. If you received this •ommunication in error, please notify the sender immediately and delete it from your computer system network. ***** 2 Tom Parko rom: Leyba-Farnsworth, Melissa [mleyba@patrickengineering.com] nt: Wednesday, March 02, 2011 3:41 PM o: Tom Parko Subject: Use By Special Review- Groundwater Loading Facility Attachments: EXHIBIT 3 - FACILITY 95.pdf; EXHIBIT 1-EXHIBIT 1.pdf; Topo Map.pdf; DietzlerProperty.pdf Tom, Thank you for taking my call earlier. My new contact information is below for your reference. In regard to the USR application we discussed, I have attached several files for your reference. As I mentioned, Dietzler Water Resources Corp. is the Client and is proposing a groundwater loading facilities project near Grover. The entire property is located in portions of sections 17, 18, 19, 20, 28, 29, 30, and 31,T10N, R60W and portions of sections 13 and 24,T10N, R61W of the 6th P.M. Currently two wells have been permitted through the state and one has been completed (Well#1). The second well (well #2) is currently being drilled and is located near the proposed loading facility off of CR95. I am looking for some direction to begin processing a USR application. Would the USR boundary encompass all of the Clients property? Also, please disregard Loading Facility 112 identified on attached Exhibit 1. This is no longer proposed for the project. Please let me know if you would like any additional information. I look forward to working with you on this project. Mickey Leyba-Farnsworth Project Manager PATRICK COMPANIES 1499 West 120th Ave.I Suite 2001 Denver,CO 80234 �ffice 303.532.8627 ell: 303.594.4542 *****Patrick Engineering Inc. Confidentiality Notice: The information contained in the above e-mail message or messages (which includes any attachments) may contain confidential, proprietary, or legally privileged information. It is intended only for the use of the person or entity to which it is addressed. If you are not the addressee any form of disclosure, copying, modification, distribution, or any action taken or omitted in reliance on the information is unauthorized. If you received this communication in error, please notify the sender immediately and delete it from your computer system network. ***** • 1 •NOISIA B• • ••f1••I p®441 ON MOM Mid ICie..OioN N UU g cm»�*, "���`•^ Nr1d NOLLYDO1 JLLIN191A �..Iaru ..a+.+... 'dN00 Y N cd — 'JN ONt®NIOIV3 DWI InLIS S30afl0S3H U .LVM kl31ZtJI0 O c w— ' ?lOlbllb�d .N9Nvu s. 1 S o o x N A1111OVd ONiOrO1 YN1rMONnovo tr ;„»o Aga 8 R s w ruin id 0 I �$ I I IT , ,- 1 I I I 1 I / i i/ a I i / t if / I ' / / / / — — — I // — / / / / / 1 /' /' / . / 1 / a LL / / 0 a 071, 0i I I / / / / / / / / / / ` / / I �/ - // r -•- r / / / I • I ,/ I a , I , . ,, ,, --- , i R 7I k / / / 2/// 1 S / / I it /' '' / , I I - --,/ - - - - -- - - - / / // I I / I / / In / / 1' / a a flit // I I ; I / / Ji 7' . I I rro I 1 rw I I V 1 I x 1 aIII k 1 I • I — _-- _— __ 9 I 111 I I I ! 34 35 111N 61W, 1 31 32 33 11 N 60W W 35 36 38 I • 03 02 fl1 02 01 06 05 04 10N 61W 11 12 07 08 09 10 11 12 I 4- 11• - 'lrj I. 4, -- 14 13 ' rt. . 16 15 14 'i r , . . • : : > 10N60W � _ . RITZ' 21 21 23 24 23 • I 26 25 26 25 _ 27 1 I Mr I II 36 31 32 31 34 35 36 - 05 04 03 02 01 32 01 06 12 11 12 07 08 09 - - 9 N 61W 9N i0W 1. ;d 13 18 17 16 15 1 I 23 24 19 20 21 22 2S 24 it �. 26 25 30 29 28 27 28 25 N Legend Piopedles RIB CQM1000W01ME W91130000U Q MSS Th-ni'o Ins lipParcelWalICar021010000001 �114��o a ,: Dietzler Properties A -o�nolfooacvr =CtO9Tvoc000N r--.OJorIoco00oe oiSi III vucn brat all 0Tei1r OS/ OTMI00000M 1 _ 0407100X0.0 o1.SS Vilna I.net 'L trios -ono3ozoow-uw7110OY'a Illi 0+lD1p7A0G7 tueaintiow 1---040r17CD'OOOJ 0 0.25 0.5 1 Mdc6 oauecoon» mewlatowe owin%moot Source Wed County GIS { r ' 1 1 , 1 1 I Wilk APPLICATION FLOW SHEET COLORADO APPLICANT: Dietzler Water Resources Corporation CASE#: USR-1787 REQUEST: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service Facility (water supply& storage) in the A(Agricultural) Zone District LEGAL: N2NW4 Section 13, Township 10 North, Range 61 West of the 6th P.M., Weld County LOCATION: South of and adjacent to County Road 118; East of and adjacent to County Road 95 PARCEL ID#: 0291-13-0-00-008 ACRES: 80 +/- DATE BY 5-25-2011 Electronic 7-Day Application Received: 5-11 2011, Complete 5-25-2011 Application Complete 5-31-2011 Ogle PC Hearing Date: Action: PC Sign to be Posted By: Referrals Listed File Assembled 41 '(( Referrals Mailed Chaindexed Letter to Applicant Mailed• /\ Date Public Notice Published in County Newspaper Surrounding Property& Mineral Owners Notified q/ /// /- Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing: Action: CC Sign Posted Overlay Districts Zoning Agricultural Airport Yes_ No_x_ Geologic Yes_ No_x_ Flood Hazard Yes No_x_ Panel#080266 0000 C I Hello