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Home My WebLink About20112622.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicavk DCP MIDSTREAM Ccse Nucvt.ber USR-1791 BERNHARDT FARMS SITE Submitted or Prepared Prior to At Hearing Hearing 't 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 Utilities • 3 Referral List X Referrals without comment Zoning Compliance Officer, dated 6/29/11 West Greeley Soil Conservation District, dated 7/6/11 Town of Johnstown, dated 6/30/11 Colorado Div. of Parks and Wildlife, dated 7/13/11 FEMA Region VIII , Mitigation Division, dated 7/22/11 4 Referrals with comments X Public Works, dated 7/25/11 Health, dated 8/8/11 and 8/15/11 Building Inspection, dated 7/1 /11 City of Greeley, dated 7/21 /2011 Division of Water Resources, dated 7/6/11 N 5 PC Exhibits X • a Letter of Objection from Kerr-McGee Gathering LLC dated August 29, 2011 EXHIBIT use. rict - I herebu cevtL fu that the 5Ltevus LdeutL feed heveLw were submitted to the Depart/het/It of Plawwlvg services at or prior to the scheduled PLawwivng Covuv&Lsslovvers heari.wg. poem Kivu ogLe O PlaLA4ter • 0 1861 - 2011 • ii WELD C O N T Y LAND USE APPLICATION SUMMARY SHEET PRELIMINARY Case Hearing Date: September 20, 2011 Number USR-1791 Applicant: DCP MIDSTREAM, LP Address: c/o Patrick Groom, Esq., of Witwer, Oldenburg, Barry&Johnson, LLP 822 7th Street, Suite 760, Greeley CO 80631 Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to, four(4) compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A(Agricultural)Zone District Legal Part SW4 SW4 of Section 30;and the W2 of Section 31 excluding the easternmost 225 feet; Description: All in T5N, R66W of the 6th P.M., Weld County, Colorado • Location: North and South of and adjacent to County Road 52 Section Line; East of and adjacent to County Road 25 Size of Parcel: 160 +/-acres Parcel Number: 0959 30 000030&0959 31 200002 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 responses with comment from the following agencies: ➢ Weld County Department of Building Inspection, referral dated July 1, 2011 ➢ Weld County Department of Public Health and Environment, referral dated July 21, 2011 ➢ City of Greeley, referral dated July 21, 2011 ➢ Weld County Department of Public Works, referral dated July 25, 2011 The Department of Planning Services' staff has received responses without comment from the following agencies: ➢ Weld County Zoning Compliance, referral dated June 29, 2011 ➢ Town of Johnstown referral dated June 30, 2011 ➢ Division of Water Resources, referral dated July 6, 2011 ➢ West Greeley Soil Conservation District referral dated July 6, 2011 ➢ State of Colorado, Division of Parks and Wildlife, referral dated July 13, 2011 ➢ FEMA referral dated July 22, 2011 • tt EXHIBIT DCP Midstream,LP—Bernhardt Compressor Facility,page 1 3 1 Ld5Q- Ii' / • The Department of Planning Services' staff has not received responses from the following agencies: ➢ Johnstown-Milliken Fire Protection District ➢ City of Evans ➢ Town of Milliken ➢ Noble Energy • • DCP Midstream,LP—Bernhardt Compressor Facility,page 2 1861 - 2011 • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WELD ' O NTY Case Hearing Date: September 20, 2011 Number: USR-1791 Applicant: DCP MIDSTREAM, LP Address: do Patrick Groom, Esq., of Witwer, Oldenburg, Barry&Johnson, LLP 822 7"'Street, Suite 760, Greeley CO 80631 Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A(Agricultural)Zone District Legal Part SW4 SW4 of Section 30; and the W2 of Section 31 excluding the easternmost 225 feet; Description: All in T5N, R66W of the 6th P.M., Weld County, Colorado • Location: North and South of and adjacent to County Road 52 Section Line; East of and adjacent to County Road 25 Size of Parcel: 160 +/-acres Parcel Number: 0959 30 000030&0959 31 200002 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 22-5-100.A. (OG.Goal 1.)states" Promote the reasonable and orderly exploration and development of oil and gas mineral resources;" and Section 22-5-100.6. (OG.Goal 2.) states"Ensure that the extraction of oil and gas resources conserves the land and minimizes the impact on surrounding land and the existing surrounding land uses;" and Section 22-5-100.B. (OG.Policy 2.9.) states"Impose protective measures through available state, County and federal regulations to ensure that the mineral operator conducts operations in a manner that will minimize current and future environmental impacts." The request for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural) Zone District is for a new 4 unit gas compressor facility, being part of a new five part compressor, pipeline and gas processing plant network • necessitated by the need to move larger volumes of gas due to the recent increases in drilling activity and projected additional production increases anticipated by producers. DCP Midstream,LP—Bernhardt Compressor Facility,page 3 • 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 property slopes gradually from the northwest to the southeast with generally no significant topographical change. This land and surrounding lands in each direction are in agricultural production with numerous oil and gas facilities, well heads and tank batteries present in each direction. To the north of the proposed facility is the Loveland and Greeley Canal. Several USRs are in the general vicinity of this facility, including the Waste Management landfill, USR-1012 to the east of the property and the Blehm Land and Cattle Feedlot, SUP-76. There are three residential dwellings to the north northwest of the and one residence to the southwest proposed facility. There are six (6) property owners within five hundred feet of this facility. The entire property is presently planted in corn with three center pivots providing irrigation water. 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 within the three mile referral area of the Towns of Milliken and Johnstown and the City's of Evans and Greeley. The Town of Johnstown returned a referral indicating no conflict with their interests,and the City of Greeley returned a referral indicating no conflict with their interests and also providing an advisory that there are a City six(6)inch water main in or adjacent to 49"'Street(aka County Road 52)and also a four(4)inch water • main in 95th Avenue, (aka County Road 25). Further stating that right-of-way approvals are required if access roads cross the City of Greeley water lines in this area. The Town of Milliken and the City of Evans did not return a referral. 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-wide Road 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. This proposed facility is located on a 160 acre parcel utilizing 10 acres for the compressor site. Ongoing agricultural production will continue on lands not impacted by this proposed facility. The and proposed facility is sited on lands that are designated"Prime"and"Other"on the Important Farmlands of Weld County map dated 1979. 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. • DCP Midstream,LP—Bernhardt Compressor Facility,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. 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1791 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate the trash collection areas. Section 23-2-260.C.11 and Section 23-3-350.A.6 of the Weld County Code address the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 5. County Road 25 is designated on the Weld County Road Classification Plan as a local gravel road,which requires 60 feet of right-of-way at full build out.The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. All setbacks shall be measured from the • edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 6. County Road 52 is designated on the Weld County Road Classification Plan as a Section Line road, which has 30 feet north of Section Line. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County(Department of Public Works) 7. The applicants have an approved access from County Road 25. Proposed traffic includes one employee visiting the site each day and a tractor trailer every other day to haul produced water from the site. Please show and label on the Site Plan, the proposed access width (minimum 20 foot for emergency vehicles), the turning radiuses into the site(45-60 foot radiuses required to accommodate trucks),and the proposed 15" RCP culvert at the access. (Department of Public Works) 8. Tracking control is required to prevent tracking of mud and debris on to the County roadway. Please show and label a double cattle guard (2 cattle guards placed back to back to allow for a full rotation of truck tires)at the access. Place the cattle guards far enough back from the County roadway to allow a tractor trailer to completely pull off the main roadway before crossing the cattle guards. (Contact Amy Burry, Utility Coordinator for Weld County Public Works for a right-of-way permit for any work that may be required in the right-of-way. A special transport permit will be required for any oversized or overweight vehicles that may access the site. (Department of Public Works) • DCP Midstream,LP—Bernhardt Compressor Facility,page 5 • 9. Submit the calculations for the Water Quality Depression and show the feature on the Plat. Label it as"Water Quality, No Build or Storage Area".(Department of Public Works) 10. The approved Lighting Plan for the Facility. (Department of Planning Services) B. The applicant shall address the concerns of the Department of Public Works as indicated in their referral dated July 25,2011. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) C. 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, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Public Health and Environment) 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 copy of the SPCC plan. 2) 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. (Department of Public Health and Environment) E. 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) F. The applicant shall submit a Lighting Plan for review and approval and include the manufacture's cut sheets for each of the proposed lighting fixtures and lamps to the Department of Planning Services. (Department of Planning Services) G. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively 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 DCP Midstream,LP—Bernhardt Compressor Facility,page 6 • 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 mapsaico.weld.co.us. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not be recorded within the required sixty(60)days from the date of the Board of County Commissioners resolution a$50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) • • DCP Midstream,LP—Bernhardt Compressor Facility,page 7 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DCP Midstream— Bernhardt Facility USR-1791 1. The Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment,including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris,and other potential nuisance conditions.(Department of • Public Health and Environment) 6. The applicant shall operate in accordance with the approved "waste handling plan" at all times. (Department of Public Health and Environment) 7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 14-9-30 of the Weld County Code, or with all applicable State noise statutes and/or regulations. (Department of Public Health and Environment) 9. A permanent,adequate water supply shall be provided for drinking and sanitary facilities when there is at least one full time employee located on the facility. (Department of Public Health and Environment) 10. An Individual Sewage Disposal System shall be provided when there is at least on full time employee stationed on site. (Department of Public Health and Environment) 11. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 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(HAP's)and volatile organic compounds(VOC's). All chemicals must be stored secure,on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 13. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department • of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) DCP Midstream,LP—Bernhardt Compressor Facility,page 8 • 14. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 16. A building permit shall be obtained prior to the construction of any new structures. (Department of Building Inspection) 17. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet with each Building permits Submittal plans shall include a floor plan showing the specific uses of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the 2006 International Building Code. Fire Protection shall conform to Chapter 9. (Department of Building Inspection) 18. Buildings 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 Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 19. All building plans shall be submitted to Johnstown Fire District for review and approval prior to issue of Building Permits, (Department of Building Inspection) • 20. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 21. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 23. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission (COGCC) rules and regulations including drill pad construction, storm water controls, and reclamation. (Department of Planning) 24. 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) 25. 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) 26. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services) 27. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1 Lighting Standards of the Weld County Code. (Department of Planning Services) • 28. 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) DCP Midstream,LP—Bernhardt Compressor Facility,page 9 • 29. 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) 30. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 31. 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) 32. 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) • • DCP Midstream,LP—Bernhardt Compressor Facility,page 10 • DEPARTMENT OF PLANNING SERVICES 1 8 6 1 - 2 01 1 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970) 304-6498 WELD,eO NTY August 30,2011 Paul Park DCP Midstream, LP 3026 4th Ave Greeley CO 80631 Patrick Groom Witwer, Oldenburg Barry&Johnson, LLP 822 7th St, Ste 760 Greeley CO 80631 Subject: USR-1791-A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A(Agricultural)Zone District on a parcel of land described as Part SW4 SW4 of Section 30; and the W2 of Section 31 • excluding the easternmost 225 feet,All in T5N, R66W of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 20, 2011, at 1:30 p.m. A subsequent hearing will be held on October 12, 2011 at 10:00 a.m., with the Board of County Commissioners. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www weldcountyplanningcases erg If you have any questions concerning this matter, please call. Respectfully. Digitaly signed by Kristine Lanslem I, ( Reason: am the author of this document Location:1555 NDate: amhe 17th Ave Kim Ogle 2011.08.3t 09:12:13-WOO' Planner • PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS SEPTEMBER 9, 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, INCLUDING OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, FOUR (4) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET, IN THE A (AGRICULTURAL) ZONE DISTRICT KIM OGLE Name of Person Posting Sign itueof Person Sign Posting STATE OF COLORADO ) ) ss. 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I { . f A a • i • y .. • \1 f V ♦• . .y H • ; eat , . ' .i it',4 V • View to Northwest 11) 9/30/2011 • arc um a of. it !, A k. 1I �" • 2 FIELD CHECK Inspection Date: July 25, 2011 • Applicant: DCP Midstream, LP Case #: USR-1791 Request: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A (Agricultural) Zone District. Legal: Part SW4 SW4 of Section 30; and the W2 of Section 31 excluding the easternmost 225 feet; All in T5N, R66W of the 6th P.M., Weld County, Colorado. Location: North & South of and adjacent to CR 52 Section Line; East of and adjacent to CR 25. Parcel ID#: 0959 03 000030 & 0959 31 200002 Acres: 160 Zoning Land Use N Agriculture N Residential, Agricultural and Irrigation Canal E Agriculture E Agricultural - Corn S Agriculture S Agricultural W Agriculture W Agricultural, NW corner of property, two • residences Bernhardt Property Comments: Property is in agricultural production with three center pivot irrigating corn. The site is south of the Greeley Loveland Canal with numerous oil and gas encumbrances predominately operated by Noble Energy. The northwestern corner of the property has an irrigation pond adjacent to the road, midway south on County road 25 is obsolete equipment per notice on August 24, 2009. This obsolete equipment is still in place and was formerly part of the Kerr-McGee interconnect. To the southeastern property line are several larger piles of concrete, a pond and a gated and locked access. County Road 52 does not exist to the East of County road 25. All roads in the immediate vicinity are all weather roads with a graded and drained surface. Surrounding properties are all in agriculture. Two residences are located south of County Road 52 and west of County road 25. There is also a single family residence south of the ditch and north of the property. The entire property is fenced with barbed wire and all agricultural access points are gated, some are secured. There are commercial activities on site and limited violations in the form of non-commercial junkyard components as identified herein. �T. Signatu ❑ Non-commercial junkyard (list components) ❑ Water Bodies • ❑ Access to Property ❑ Irrigation Sprinkler ❑ Crops ❑ Oil & Gas Structures Note any commercial business/commercial vehicles that are operating from the site. Kristine Ranslem iiiom: Kristine Ranslem t: Wednesday, June 29, 2011 4:22 PM o: 'pdpark@dcpmidstream.com'; 'pgroom@wobjlaw.com' Subject: Case USR-1791 Attachments: Applicant letter.pdf; image003.png Please see the attached letter. If you have any questions, please let us know. Thank you! KxistLwe RPinsLew,. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1641 201 , W E .'(1..44 J N"r I I • nfidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • • 1 8 6 1 - 2 0 1 1 DEPARTMENT OF PLANNING SERVI1555 N 17th AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (9(970) 304-6498 WEL ,COUNTY u June 29, 2011 Paul Park DCP Midstream, LP 3026 4th Ave Greeley CO 80631 Patrick Groom Witwer, Oldenburg Barry&Johnson, LLP 822 7th St, Ste 760 Greeley CO 80631 Subject: USR-1791 - Request for a Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which • compress gas to enter a pipeline for transport to market, in the A(Agricultural)Zone District on a parcel of land described as Part SW4 SW4 of Section 30; and the W2 of Section 31 excluding the easternmost 225 feet; All in T5N, R66W 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 Evans, Greeley, Johnstown, Milliken Planning Commission for their review and comments. Please call Evans at 970-339-5344, Greeley at 970-350-9741, Johnstown at 970-587-4664, and Milliken at 970-587-4331 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 Evans, Greeley, Johnstown, Milliken 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. 1.4 Digitally signed by Kristine Ranslem Reason:I am the author of this document Location:1555 N 17th Ave Date:2011.06.29 15:20:24-06'00' Kim Ogle • Planner Kristine Ranslem om: Kristine Ranslem t: Wednesday, June 29, 2011 4:22 PM o: 'Roy Spitzer' Subject: USR-1791 Field Inspection Attachments: PC FIELD CHECK.docx; image003.png We have just received a case (USR-1791) in which we ask that you review the material and send the attached field inspection form to us by July 27, 2011. The following is a quick link to the case in question: http://www.co.weld.co.us/Departments/PlanninqZoninq/PlanningDepartment/index.html#USR-1791 If you have any questions, please don't hesitate to contact me at the number below. Thank you! KrktintRc &sLew Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 tFtt.2Ott 7/ W Ett,ic'tl7NTr I Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • 1 • 1 8 6 - 2011I 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: June 17, 2011 Applicant: DCP Midstream, LP Project: A Site Specific Development Plan and a Special Review Permit for Oil and gas Support and Service, including Oil and Gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A (Agricultural) Zoned District. Case Number: Pending USR- (Bernhardt Site) Parcel Number: 0959-30-0-00-030 and 0959-31-2-00-002 • After reviewing the application and documents submitted the Building Department has the following comments: 1. The Building Dept. requests a pre-construction meeting before submitting final documents. 2. Construction documents, statement of special inspections and other data shall be submitted in two sets with each permit application. The construction documents shall be prepared by a registered design professional. Where special conditions exist, additional construction documents to shall be prepared by a registered design professional and submitted to the County. 3. A Fire District approval letter will be required. 4. 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 • 7-Day Completeness Review PRE-APPLICATION MEETING NOTES: PA11-016 (General) Applicant: DCP MIDSTREAM, LP Case#: Pending USR- [Bernhardt Site) Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service, including Oil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A(Agricultural) Zone District. Legal Description: Part of the SW4 SW4 of Section 30 and the W2 of Section 31 excluding the easternmost 225 feet, of T6N, R65W of the 6'h P.M. Weld County, Colorado Location: North and South of and adjacent to County Road 52 Section Line, and East of and adjacent to County Road 25 C -EIWE [r Size of Parcel: 160 +/-acres I . ),,r-- Parcel Number: 0959-30-0-00-030 and 0959-31-2-00-002 L: �� 3 "Oil V i RETAIN PACKET AS ENTIRE APPLICATION Public Works ❑ Health 2 Building c PI nh ` COUN FY PUBLIC WORKS OFF • Narrative: DCP Midstream is proposing three compressor sites and one gas processing facility. Additionally, there will be permitting for pipelines 10 inches and greater have a hoop strength greater than 20%. One Communication Tower will also be included for a total of seven applications. Comments: Date: June 13, 2011 Comments Due No Later than June 20, 2011 Questions, call, thanks Kim, x 3549 • RECEIVED JUN ≥ 3 L1,111 • Kit cii( MFMORANDU '\rll"g uepartment Y OFFICE TO: Kim Ogle, Planning Services DATE: June 20, 2011 W�`pC FROM: Heidi Hansen, P.E., Public Works Department COLORADO SUBJECT: 7-Day Completeness Review— DCP Midstream, LP Bernhardt Site I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan—Submitted ➢ Traffic Study—Not Required—Estimate Submitted ➢ Preliminary Drainage Report— Submitted ➢ Geotechnical Report—Not Required— Soils Report Submitted ➢ Flood Hazard Development Standards—Not in a FEMA Floodplain 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. 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. • Public Works has adequate information to review this submittal. pc: 7-Day Completeness, DCP-Bernhardt • U:\Referrals\-Day Completeness\DCP-Bernhardt\DCP Bernhardt 7-Day.docx Kim Ogle atom: Lauren Light nt: Monday, June 20, 2011 11:28 AM To: Kim Ogle Subject: 7 day reviews for DCP midstream sites - Sullivan, Libsack and Bernhardt Attachments: image002.png We will ask for the name, address and phone number of the company that is providing the waste removal. The applications state that the site is unmanned, however 2 employees will visit the site daily and bottled water and a portable toilet will be provided by DCP. In order to be consistent with other applications we will require permanent water and sewer as our policy stipulates a temporary business of 6 months or less can utilize bottled water and portable toilets. The applicant can ask the Board to waive this requirement. O.K. to submit and I can add the waste question as a condition of approval. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Iliohtco.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) .M'.r Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • 1 • 1861 - 2011 MEMORANDUM TO: PA11-016; Case File, pre-application W EI L [2,C I U N T Y DATE January 28, 2011 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for three compressor stations Attendees: Patrick Groom, Witwer Oldenburg Barry & Johnson, Counsel to DCP Midstream, LP Paul Park, DCP Midstream, LP Don Carroll, Public Works Frank Piacentino, Building Ken Swanson, Building Kim Ogle, Planning Tom Parko, Planning Kris Ranslem, Planning • On Friday, January 28, 2011 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding three proposed compressor stations. (The legal description is Lot B RE-1905; Part of Section 10, T4N, R66W, Part NW4 of Section 31, T5N, R66W, and Lot B RE-1872; Part of Section 25, T6N, R65W, all of the 6th P.M.) Background Information: DCP Midstream, LP is proposing to develop a new natural gas processing plant to be located near LaSalle, Colorado. DCP is proposing to construct three (3) natural gas compressor stations to deliver gas production to the new natural gas processing plant. Building Department Staff requested holding a pre-construction meeting prior to submitting building plans. Staff recommended that the applicants speak to the local Fire Districts on requirements regarding sprinkler systems. Health Department Staff directed the applicants to visit with Lauren Light, Environmental Health, at 970-304-6415 regarding requirements for permanent water and sanitary facilities. Public Works No traffic study is required. The sites are not located in a designated floodplain. • The applicants indicated that they will utilize the existing accesses. Staff recommended that the access be at a 90 degree angle to ensure adequate turning radiuses. If multiple accesses are requested, the applicant will need to provide a letter from the Fire District requiring emergency access. • A Site Plan identifying parking spaces will need to be submitted. In addition,staff requested that the applicant show detail of how the pipeline will be connected to the facilities. A tracking pad consisting of double cattle guards will be required to prevent tracking onto County Roads. No Drainage Report is required; however the applicant shall provide a short description of the historic stormwater flows across the property and how their application will affect those flows. The description shall include but not be limited to: 1) where the water originates if it flows onto the property from an offsite source, 2)where it flows to as it leaves the property, 3)the direction of flow across the property, and 4) if there have been previous drainage problems with the property. The application shall also provide flow arrows on the map showing where the stormwater starts, how it goes across the property, and where it leaves the property. The applicant will still be responsible for providing a water quality feature that conforms to the methodology outlined in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria manual. The applicant will need to obtain permits every time the proposed pipeline crosses any roads. For more information, contact Amy Burry at 970-304-6496 extension 3764. Planning Department The applicants indicated that they plan to operate all 4 compressors on site. Staff recommended that they plan for a redundant compressor because if another compressor is added for repairs the applicant may need to amend the USR permit. • In addition, staff stated that the applicants may want to think about placing a cellular tower on site to monitoring and communicating purposes. The applicants indicated that the lights will not be on during the night, unless there is maintenance to be done. The applicants are proposing the pipeline to be greater than 10" in diameter. The applicants will need to submit a separate USR for the pipeline. 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. • wok APPLICATION FLOW SHEET • COLORADO Applicant: DCP MIDSTREAM, LP Case#: USR-1791 Request: Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service, including Oil and gas processing facilities and related equipment,including,but not limited to,compressors associated with gas processing or which compress gas to enter a pipeline for transport to market,in the A(Agricultural)Zone District. Ail In Legal: Part SW4 SW4 of Section 30; and the W2 of Section 31 excluding the easternmost 225 feet of 1EN R66 West, of the 6th P.M Location: North and South of and adjacent to County Road 52 Section Line, East of and adjacent to County Road 25, Size of Parcel: 160+/- acres Parcel No: 0959030-0-00-030 and 0959-31-2-00-002 DATE BY 6-23-2011 Drop Application Received Application Complete 6-23-2011 Ogle PC Hearing Date: Action: PC Sign to be Posted By: Referrals Listed File Assembled • Referrals Mailed Chaindexed Letter to Applicant Mailed ?__- Date Public Notice Published in County Newspaper Surrounding Property & Mineral Owners Notified WAI�/ 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_ • Panel#080266 0000 C Hello