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Home My WebLink About20101850.tiff INVENTORY OF ITEMS FOR CONSIDERATION • AppLicaAt CONQI4EST OIL COMPANY Case Nuvuber 1.43121747 subruitted or Prepared PrLor to At FtearI t H-eaviw 9 0 staff covww,ewts x ,, Depavtw&ewt of PLa ww%w0 Services FLeLd Check Fovvw Letter to AppLicawt Affidavit of sLLgw postLwa LegaL NotLfLcatLows 2 AppLLa2tLow X Maps Deed/ Easevwewt aevtLfkate • survouwdtwa Propertj /ML.wevaL Owwevs vtfLtttes Referral List x Referrals without cove vv<ewt X Weld County Code Compliance, referral dated June 3, 2010 4 Referrals with covwvuewts State of Colorado, Division of Water Resources, referral dated June 4, 2010 Weld County Department of Building Inspection, referral dated June 6, 2010 Weld County Department of Public Health and Environment, referral dated June 25, 2010 Weld County Department of Public Works, referral dated June 28, 2010 s 6 PC ExklbLts 0A r Letter from Jim and Debbie Sullivan, dated June 13, 2010 • is /Memorandum from Janet Carter, Department of Public Works, dated August 3, 2010 2010-1850 6 • I herebu certL fu that the 6 Ltevus ide ttLfted here%w were subvv tted to the neparth ewt of PLawwCwg sew%ces at orprtor to the scheduled PLaw&Lwg covv<vuLssLowers hear[wg. Idnt ogle Kivu, ogle ❑ PLawwer • • ND USE h iDe. LA ON SUMMARYS SHEET COLORADO Case Hearing Date: August 3, 2010 Number: USR-1747 Applicant: Marcum Midstream 1995-2 Business Trust/Conquest Oil Company 8207 West 20th Street, Suite B; Greeley, Colorado Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and a water recycling facility) in the A(Agricultural) Zone District. Legal Description: Lot A, RE-5008, being part SE4 of Section 34, T7N, R63W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 74; West of and adjacent to County Road 69; and northwest of State Highway 392 • Size of Parcel: 11.68 +/-acres 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 from the following agencies with comments: • State of Colorado, Division of Water Resources, referral dated June 4, 2010 • Weld County Department of Building Inspection, referral dated June 6, 2010 Weld County Department of Public Health and Environment, referral dated June 25, 2010 • Weld County Department of Public Works, referral dated June 28, 2010 The Department of Planning Services' staff has received responses from the following agencies without comments: Weld County Code Compliance, referral dated June 3, 2010 The Department of Planning Services' staff has not received responses from the following agencies: • State of Colorado, Oil & Gas Conservation Commission • State of Colorado, Department of Transportation • State of Colorado, Division of Wildlife • Briggsdale Fire Protection District • Galeton Fire Protection District EXHIBIT • USR-1747 CONQUEST OIL COMPANY,PAGE 1 e • SPECIAL REVIEW PERMIT ‘8\1?\ 44DI ADMINISTRATIVE REVIEW '"Dc. COLORADO Planner: Kim Ogle Case Hearing Date: August 3, 2010 Number: USR-1747 Applicant: Marcum Midstream 1995-2 Business Trust/Conquest Oil Company 8207 West 20th Street, Suite B; Greeley, Colorado Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and a water recycling facility) in the A(Agricultural) Zone District. Legal Description: Lot A, RE-5008, being part SE4 of Section 34, T7N, R63W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 74; West of and adjacent to County Road 69; and northwest of State Highway 392 • Size of Parcel: 11.68 +/-acres Parcel Number: TBD; Mother Parcel No. 0713-34-0-00-004 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-4-140.A. EP.Goal 1. states "Encourage the minimization of mineral resource exploration and production waste and require the safe disposal of it;" and EP.Policy 1.1. states"Due to the impacts from surface impoundments and increasing public concern about them, other alternatives for disposal should be considered." The proposal is two-fold, first as a Class II Brinewater Injection Well and second, as a brinewater recycled water facility. Section 22-4-140.B. EP.Goal 2. Mineral resource exploration and production waste facilities should be planned, located, designed and operated to encourage compatibility with surrounding land uses in terms of items such as general use, scale,height,traffic,dust, noise • and visual pollution. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval and Development USR-1747 CONQUEST OIL COMPANY,PAGE 2 • Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county. Section 22-2-20.B.2 A.Policy 2.2 states: "Allow commercial and industrial uses, which are directly related to or dependent upon agriculture,to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial and industrial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." The site is Lot A of a Recorded Exemption, RE-5008 which consists of 11.68 acres.The U.S.D.A. Soils Maps of Prime Farmlands of Weld County dated 1979 indicate that the soils on this property as"other", and"prime if irrigated" in equal areas. There is no water associated with either parcel. The surrounding properties are primarily rangeland and grazing lands with sparsely located single family homes. The applicant is proposing an on-site septic system and the water will be provided by an individual commercial well which is under review by the Division of Water Resources; receipt number 36446228. 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 site is bordered by agricultural uses, predominately grazing and rangelands with sparsely populated residential development. There are nine property owners holding 13 parcels within 500 feet of this proposed facility. There are • seven residences in the general area with the nearest residence approximately 1200 feet to the East from the entrance to the facility. Development Standards and Conditions of Approval will ensure that this use will be compatible with surrounding land uses. D. Section 23-2-220.A.4--The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within three miles of a municipality. The applicant is requesting a sign that complies with the Commercial Zone District of the Weld County Code. Further, the applicant states there will be 60-70 truck trips per day to this facility. County Road 74 and State Highway 392 is utilized for truck traffic on a daility basis. E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts. Effective January 1, 2003, Building Permits issued on the subject site will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 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 U.S.D.A. Soils Maps of Prime Farmlands of Weld County dated 1979 designated the soils on this • property as"other" and "prime if irrigated." USR-1747 CONQUEST OIL COMPANY,PAGE 3 • G. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 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-1747 (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The approved Screening Plan, to address the outdoor storage of materials, including the trash dumpster associated with this facility shall be screened from adjacent properties, including the public rights-of-way. (Department of Planning Services) • 3) County Road 74 is designated on the Weld County Road Classification Plan as a arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional forty (40) feet shall be delineated on the plat as future County Road 74 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right- of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 4) County Road 69 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. There is presently 60 feet of right-of-way.. All setbacks shall be measured from the edge of right-of-way. The applicant shall verify the existing right-of-way and the documents creating the 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) 5) Please provide a vehicle paved tracking pad that extends from WCR 74 through the traffic flow lanes (entrance and exit) of the unloading area or supply a tracking pad from the unloading area with two cattle guards placed back to back on the exit lane including the paved access entrance. No paving of the entrance lane would be required if the second option from above is used. (Department of Public Works) 6) Please show the retention and drainage facilities to be within a drainage easement which has been described on the plat and labeled as a"No Build or Storage Area". (Department of Public Works) • USR-1747 CONQUEST OIL COMPANY,PAGE 4 • 7) All parking for this site must be off street and internal and delineated on the plot plan map. Each parking space shall be equipped with wheel guards or curb blocks to prevent vehicles from coming into contact with walls or other structures. (Department of Public Works) 8) The application materials did not include a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the USR Plat. (Department of Planning Services) D. The applicant shall submit to the Department of Public Works a revised Drainage Report incorporating the redline comments. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Public Works) E. The applicant must address the requirements (concerns) of Colorado Division of Water Resources, as stated in the referral response dated June 4, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Colorado Division of Water Resources) F. All required Air Emissions Permits must be obtained from the Air Pollution Control Division, Colorado Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) G. A Ground Water Monitoring Plan shall be submitted to the Weld County Health Department of Public Health and Environment for review and approval. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. • (Department of Public Health and Environment) H. If appropriate, a Storm Water Discharge Plan shall be submitted to the Weld County Department of Public Health and Environment and Colorado Department of Public Health and Environment for review and approval. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) The applicant shall enter into an Improvements agreement to cover onsite improvements, offsite improvements and road maintenance. Evidence of Department of Public Works approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works and Planning Services) J. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. With approval, the Screening Plan information shall be graphically delineated on the USR Plat. (Department of Planning Services) K. The applicant shall submit a Lighting Plan to the Department of Planning Services for review and approval. With approval, the Lighting Plan information shall be graphically delineated on the USR Plat. (Department of Planning Services) L. The applicant shall submit written evidence of compliance with all of the Department of Public Health and Environments stipulations and requirements. Written evidence shall be submitted to the Department of Planning Services. (Department of Planning Services) M. 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 USR-1747 CONQUEST OIL COMPANY,PAGE 5 • 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 thirty (30) 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 Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.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 the Board of County Commissioners approval was signed a $50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) 5. One month prior to the start of construction: A. The applicant shall submit evidence of a construction stormwater permit from the Colorado Department of Public Health and Environment(CDPH&E), Water Quality Control Division, to cover stormwater discharges from construction sites (5 CCR-1002- 61) Alternately, the applicant can provide evidence from CDPH&E that they are not subject to the CDPS requirements. (Department of Public Works) B. A grading permit is required. The grading permit application packet shall include the • grading permit application, grading permit fee, erosion and sediment control map, typical details for the BMPs to be utilized, typical installation and maintenance notes for each BMP to be utilized, and a copy of the approved construction stormwater discharge permit from CDPHE. (Department of Public Works) 6. Prior to the Release of Building Permits: A. A building permit shall be obtained prior to the construction of any new building, tanks or support facilities. (Department of Building Inspection) B. 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; 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) C. Construction of a new building is proposed. Building permits shall be obtained prior to starting. 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 for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer(Department of Building Inspection) D. 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) USR-1747 CONQUEST OIL COMPANY,PAGE 6 • E. Detailed plans for the concrete secondary containment structure shall be submitted. Secondary containment capacity shall meet or exceed the containment volumes submitted in the application materials. (Department of Public Health and Environment) F. A leak detection system shall be designed and installed beneath the concrete unloading pad. A detailed design shall be submitted to and approved by WCDPHE. The concrete unloading pad shall be constructed and operated in accordance with the approved design (Department of Public Health and Environment) G. The applicant shall submit evidence to the WCDPHE, Weld County Planning Services and the Colorado Oil and Gas Conservation Commission (COGCC) that the facility was constructed in accordance with application materials. (Department of Public Health and Environment) H. An individual sewage disposal system (I.S.D.S.) permit is required for sewage flow from the proposed office building. The system must be designed by a Colorado Registered Professional Engineer and in accordance with Weld County I.S.D.S. Regulations. (Department of Public Health and Environment) A Detailed Closure Plan shall be submitted to the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission. The Closure Plan shall include a description of the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. No structures or equipment associated with the facility shall remain on the property following closure. (Department of Public Health and Environment) • J. The facility shall post financial assurance with the COGCC. The financial assurance shall be adequate to cover a third-party closure of the facility, including the plugging and abandonment of the well, in accordance with industry standards, and the removal of all structures (including concrete) on the facility. The site shall be returned to its original grade. The facility shall submit evidence to the WCDPHE that the appropriate financial assurance has been obtained. (Department of Public Health and Environment) K. A copy of the drilling log shall be submitted to the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) L. Provide evidence to the Weld County Department of Public Health & Environment that a well has been appropriately permitted and installed to provide for sanitary use for the facility. (Department of Planning Services) • USR-1747 CONQUEST OIL COMPANY, PAGE 7 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CONQUEST OIL COMPANY (Marcum Midstream 1995-2 Business Trust) USR-1747 1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility- Saltwater Injection Facility and a water recycling facility) in the A(Agricultural)Zone District, as indicated in the application materials on file 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. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 4. A manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. (Department of Public Health and Environment) 5. No disposal of waste, other than Class II, as defined by the Environmental Protection Agency, is permitted. Any changes from the approved Class II use would require an amendment to this Special Use Permit. (Department of Public Health and Environment) • 6. Any wastes generated at the facility shall be disposed of in accordance with the Colorado Solid Waste Act, Section 30-20-100.5, C.R.S., or other appropriate rule, regulation or law. (Department of Public Health and Environment) 7. In accordance with Section 8 of the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007, Part 2), an annual report shall be filed for the recycling operations, which includes the amount of produced water recycled. The annual report shall be submitted to the Weld County Department of Public Health & Environment (WCDPHE) and the Colorado Department of Public Health and Environment(CDPHE) Hazardous Materials and Waste Management Division by May first of each year. (Department of Public Health and Environment) 8. This facility shall adhere to the maximum permissible noise level of 70 dBA as allowed in the industrial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 10. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 11. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air permits issued by the CDPHE Air Pollution Control Division. (Department of Public Health and Environment) 12. All liquid wastes received at the facility shall be unloaded on the unloading pad. The • concrete unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building up on the pad. During winter months, the facility shall maintain the unloading pad free of ice. (Department of Public Health and Environment) USR-1747 CONQUEST OIL COMPANY,PAGE 8 • 13. Any analysis of waste shall be forwarded to the WCDPHE, who reserves the right to require additional more extensive monitoring at a later date. (Department of Public Health and Environment) 14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored, treated, and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 15. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. (Department of Public Health and Environment) 16. The facility shall comply with the approved groundwater monitoring plan. (Department of Public Health and Environment) 17. All storm water, which has come into contact with waste materials on the site, shall be confined on the site. In the event that storm water is not adequately controlled on the site, upon written notification from the WCDPHE or CDPHE, a comprehensive site-wide storm water plan shall be developed and implemented. The plan must be approved, in writing, prior to implementation by WCDPHE and CDPHE. (Department of Public Health and Environment) 18. Adequate drinking water, hand washing, and toilet facilities shall be provided. (Department of Public Health and Environment) • 19. Any individual sewage disposal system (I.S.D.S.) on the property shall be permitted, installed, maintained and operated in compliance with all provisions of the Weld County Code, pertaining to I.S.D.S. (Department of Public Health and Environment) 20. The operation shall comply with all applicable rules and regulations of the Colorado Oil & Gas Conservation Commission, other State and Federal agencies, and the Weld County Code. (Department of Public Health and Environment) 21. 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 Public Health and Environment) 22. The facility shall comply with the approved groundwater monitoring plan. (Department of Public Health and Environment) 23. Access to the site shall be from County Road 74. Transport trucks weighing up to 40 tons will visit the site approximately 60-70 times daily and less on weekends. (Department of Public Works) 24. The off-street parking spaces including the access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. There is an existing concrete loading pad. Utilize the existing access and departure points. (Department of Planning Services) 25. The historical flow patterns and run-off amounts will be maintained on site in such a manner that 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) USR-1747 CONQUEST OIL COMPANY,PAGE 9 • 26. In order to prevent sealing of the retention pond and a decrease in the infiltration rate of the retention pond, the retention pond will be maintained at a minimum of every three years or as required. (Department of Public Works) 27. Weld County shall not be responsible for the maintenance of onsite drainage related facilities. (Department of Public Works) 28. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a construction stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. (Department of Public Works) 29. All structures shall require building permits. (Department of Building Inspection) 30. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the 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) 31. Hours of operation, acceptance of waste water and transport off-premises of recycled water, are limited to 7:00AM until 10:00PM daily. (Department of Planning Services) 32. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to • the fee structure of the County wide Road Impact Fee Program. (Department of Planning Services) 33. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) (Department of Planning Services) 34. 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) 35. 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) 36. 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) 37. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 38. 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) USR-1747 CONQUEST OIL COMPANY, PAGE 10 • 39. 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) • S USR-1747 CONQUEST OIL COMPANY,PAGE 11 I • 171.;44:1 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 8354631 PHONE: (970) 353-6100100, Ex t. 3540 FAX: (970) 304-6498 COLORADO July 14,2010 Marcum Midstream 1995-2 Business Trust dba Conquest Oil do Dale Butcher 8207 W 201h St, Ste B Greeley CO 80634 Subject: USR-1747-A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility - saltwater injection facility and a water recycling facility) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE-5008; Part E2SE4 Section 34, T7N, R63W of the 6th P.M.,Weld County,Colorado. • Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 3, 2010, 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 18, 2010 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, 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/Depa rtments/Pla nningZoninq/Plan ninoDepartment/ind ex.html If you have any questions concerning this matter, please call. Respectfully, (Lc__ � Reason:signed author thio oef Ran Blom Rea5all amereyKne this document Location:1555 N 17th Ave Date:2010.07.14 09:24:13-0600' Kim Ogle • Planner • I Kristine Ranslem wrom: Kristine Ranslem ent: Thursday, June 03, 2010 7:26 AM To: 'dale@conquestcompanies.com' Subject: USR-1747 Attachments: usr1747.pdf Please see the attached letter. KvistCv e R2 vtsLevw Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 DEPARTMENT OF PLANNING SERVICES • 15EY N (it GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 ' FAX: (970) 304-6498 Wi`Dc. COLORADO June 2, 2010 Marcum Midstream 1995-2 Business Trust Dale Butcher, President 8207 W 20th St, Ste B Greeley CO 80634 Subject: USR-1747 - Request for a Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and a Water Recycling Facility) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE-5008; Part E2SE4 Section 34, T7N, R63W 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. If you have any questions concerning this application, please call. Respectfully, DReasollyn:signedh bythiorioeh om Diiana eby Kristine this document Re Location'.1555 N 17th Ave Date'.2010.0602 11:12:01-06'00' Kim Ogle Planner • PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS JULY 23, 2010 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 SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY AND A WATER RECYCLING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT. [MARCUM MIDSTREAM 1995-2 BUSINESS TRUST/ CONQUEST OIL COMPANY] KIM OGLE Name of Person Posting Sign y-:,� AA SignatuY\e f Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD ryt, The foregoing instrument was subscribed and sworn to me this day of� L,/ , 2010. WITNESS my hand and official seal. 1U liti4111TIL Notary ubic ~BILLIE J. MOORE NOTARY PUBLIC '619th] 0 STATE OF COLORADO My Commission Expires: �l • • la.'' • �. 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N .C 11J cV p ,,v" Q 0 I L �0. ,.'4 t 7.,47IY}f •" •� -! 0. is .-' f']I~ t , YI �~' -Z �f c t •ice S: ♦ - r �t • ^� .•• I ♦ / R-''IM icy }.- 1; ' ,4 fir/ r' •444,... , . ..' - Y i`? r • _ . . • Jennifer VanEgdom From: Kim Ogle • Sent: Tuesday, August 17, 2010 8:51 AM To: Jennifer VanEgdom Subject: USR-1747 CONQUEST OIL. RE-5032 Doerschlag Denial Attachments: Inventory.doc; RE 5032 DOERSCHLAG DENIAL.doc; oledata. mso ., e A Public Hearing Concerning THIS PROPERTY Will be Held at: Commissioners Hearing Room Weld County Centennial Center 915 Tenth Street Greeley. CO On Auerujc ►IL 201a___, at: 1000 A M Applicant: C4''QUEPeT It_ Cmstiac Request: C%€ C$OI. %.15e Velireir R=0- 014 A- 456►S. S uPh7RT G 1 c-n CG•.beun T Olt_ nan WASTE 12451400$4:4_—t 14e. a Wan INSOINCir4 Via Flo Wise- R-eC[cc*a s F_f+ - Lr.S Ca- = Number: 05*. %14-1 Acres- VV FO - FURTHE - INFORMATION PLEAS _ • NTACT r' �.•► AT 970-353-81 I xt 11 k1/4 SR • • is Hard copy can be provided if needed. Thanks for your help and reminders Kim Ogle Weld County Planning Services - Greeley Office 1555 North 17th Avenue I Greeley CO 80631 I koglecaweld.co.us T: 970.356.4000 x 3549 I F: 970 304 6498 I • 1 • FIELD CHECK Inspection Date: July 15, 2010 Case Hearing Date: August 3, 2010 Number: USR-1747 Applicant: Marcum Midstream 1995-2 Business Trust/ Conquest Oil Company 8207 West 20`x' Street. Suite B; Greeley, Colorado Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and a water recycling facility) in the A (Agricultural) Zone District. Legal Description: Lot A. RE-5008, being part SE4 of Section 34, T7N , R63W of the 6th P. M. , Weld County, Colorado Location: North of and adjacent to County Road 74; West of and adjacent to County Road 69; and northwest of State Highway 392 Size of Parcel: 11 .68 +/- acres Zoning Land Use N A (Agricultural) N Agricultural - Rangeland E A (Agricultural) E County Road 69, State Highway 392 • S A (Agricultural) S Agricultural - Rangeland W A (Agricultural) W Agricultural - Rangeland The property is currently in native grasses without improvements. There is a sign stating that this is the future home of C-7. County Road 74 is a paved two lane road , County Road 69 is a graveled road and State Highway 392 is a paved and divided highway regulated by a West-East stop sign , with highway traffic not regulated . Residences are visual to the north and to the east, across SH 392 . 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'p,ti.J , • ii i l a Ifs, I r,i L.. 4 I • • I I oovec I •t►oar 1 ' r`• . it ii a 1 a . 1 II vTGQseA i It It. .,lb • • • (4i \ MEMORANDUM V C TO: Kim Ogle, Planning Services DATE: May 24, 2010 FROM: Donald Carroll, Engineer Administrator COLORADO Clay Kimmi, P.E., CFM Janet Carter, Traffic Engineer SUBJECT: Second 7-Day Completeness Review, Lot A of RE- 5008 PA09-000. Conquest Oil C-7 dba Marcum Midstream RECOMMENDATION: The information provided in the 7-day completeness review can be deemed complete. Technical reviews of the information submitted will be done once the Planning Department accepts the application and sends it out for referrals. Weld County Public Works has received the revised submittal application for the 7-Day Completeness Review on May 20, 2010. 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: The applicant has submitted a site plan review. A technical review of the site plat was not done at this point. A technical review will be completed once the application is deemed complete and sent out for referrals. Traffic Study: The applicant has submitted Traffic Study prepared by Delich Associates that is adequate for review. A technical review of the submitted information was not done at this point. A technical review of the Traffic Study will be completed by Janet Carter, Traffic Engineer, once the application is deemed complete sent out for referrals. Drainage Report: The applicant has provided a drainage report provided by CGRS. A technical review of the drainage report was not completed at this point. A technical review of the preliminary drainage report will be completed once the application is deemed completed and sent out for referrals. Geotechnical Soil Report: The applicant has provided a geotechnical report utilizing CTL Thompson. The geotechnical report is adequate for review and comments. A technical review of the geotechnical report will be performed when the application is deemed complete and sent out for referrals. Special Flood Hazard Area: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). • The Public Works has attached a marked-up red line plat drawing to be revised and resubmitted with the USR plat package. pc: PA09-000, Conquest Oil dba Marcum Midstream C:\Documents and Settings\kogle\Local Settings Temporary Internet Files\Content Outlook\NUIE6KGO\PA09-000 Conquest Oil dba Marcum Midstream 2nd 7-Day Review.dccx • • a • S 1113/4. 11 MEMORANDUM II C O_• TO: Kim Ogle, Planning Services DATE: April 23, 2010 FROM: Donald Carroll, Engineer Administrator COLORADO Clay Kimmi, P.E., CFM Janet Carter, Traffic Engineer SUBJECT: 7-Day Completeness Review, Lot A of RE-5008 PA09-000. Conquest Oil dba Marcum Midstream RECOMMENDATION: The information provided in the 7-day completeness review should not be deemed complete because the preliminary drainage report does not appear to meet the Weld County Code for a retention pond. The site plan needs to be revised to show all proposed and future improvements. 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: The applicant has submitted a site plan review. The site plan will need additional work indicating all proposed structures, any future improvements, structures, parking, office, traffic flow patterns, access, and improvements prior to resubmitting the next step of the USR process. Traffic Study: The applicant has submitted Traffic Study prepared by Delich Associates that is adequate for review. A technical review of the submitted information was not done at this point. A technical review of the Traffic Study will be completed by Janet Carter, Traffic Engineer, once the application is deemed complete. Drainage Report: The applicant has provided a drainage report provided by CGRS. The calculations provided in the drainage report do not appear to meet Weld County Drainage Criteria. The report shall include an analysis of historic and developed conditions. Historic conditions are considered to be the conditions that existed at the time the County was created. Calculations for runoff, detention volumes, design storms, curve numbers, etc. must be included in the appendix. Where variables such as curve numbers, imperviousness, etc are assumed, the appropriate documentation must be included in the appendix. Maps showing the historic conditions must show items such as but not limited to drainage basins, flow directions, slopes, etc must be included in the appendix. Electronic versions of the modeling/calculations must be • submitted with the drainage report. The applicant is also proposing a retention pond for this project site. In order for a retention pond to be approved, a Letter of variance must be drafted to the Weld County Engineer (David C:\Documents and Settings\kogle\Local Settings\Temporary Internet Files\Content Outlook\NUIE6KG0\PA09-000 Conquest Oil dba Marcum Midstream.docx • • • Bauer, PE, CFM). The letter must contain a statement of understanding of the Weld County Code (ie: detention is accepted by Weld County Public Works) included in the letter. It must contain an acknowledgment of and agreement to the intention of the code (ie: reduce impacts of development on neighboring downstream properties by reducing storm water flows from development) included in the letter. Clearly state in the letter why detention is not possible on the proposed site and cannot meet the Weld County Code. It shall include a request for a variance to Weld County Code, and briefly discuss the specifics of the proposed alternative. A letter of support from a Colorado Registered Professional Engineer, with the letter stamped with the PE license, signed by the PE, and dated must be included. This letter shall detail the proposed alternative to current code design standards, and shall outline the new approach from an engineer's perspective. The retention pond will be required to be 1.5 times the 100-year,24- hour rainfall event with 1 foot a freeboard. The report must contain calculations showing that the pond will drain within 72 hours. Additionally, the drainage report does not appear to provide all of the calculations required on the USR Drainage Report Checklists. Please contact Clay Kimmi at 970-304-6496 x 3741 with any questions regarding the drainage report. Geotechnical Soil Report: The applicant has provided a geotechnical report utilizing CTL Thompson. The geotechnical report is adequate for review and comments. A technical review of the geotechnical report will be performed when the application is deemed complete. Special Flood Hazard Area: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). • pc: PA09-000, Conquest Oil dba Marcum Midstream • C'.\Documents and Settings\kogle\ocal Seltings\Temporary Internet Files Content Outlook\NUIE6KG0\PA09-000 Conquest Oil dba Marcum Midstream.docx • 7-Day Completeness Review CASE#: PA09-000 APPLICANT: Jim Goddard, Conquest Oil dba Marcum Midstream, Applicant REQUEST: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Brinewater Disposal and Water Recycling Facility) in the A (Agricultural) Zone District. LEGAL: Lot A RE-5008; part E2 SE4 Section 34, Township 7 North, Range 63 West of the 6`h P.M. Weld County, CO. LOCATION: North of and adjacent to County Road 74, West of and adjacent to County Road 69 Situs: TBD PARCEL#: 0713-34-0-00-004 (Mother Parcel) ACRES: +/- 11 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW o Public Works o Health /Building o Planning . Comments: rN a I( Lc'�1SN y rev-4..4 f rC 9 ��r LW •T�t. �-^ t( rj 7-(o Date: April 22, 2010 Comments Due No Later than April 29, 2010 Thanks, Kim x 3549 • • • Kim Ogle 4• jim goddard • Kim Ogle bject: FW: Conquest--Wilson site Attachments: PA09-000, Conquest Oil dba Marcum Midstream.docx Jim see attached referral comments from Public Works Also, from Environmental Health: Conquest#7 - Health Departments comments regarding applicants 7-day review: This Department has enough information at this point in the process. The applicant should have included in 5.j. of the questionnaire the fact that they will store and draw acids and bases from totes for the water recycle process. At their option, the applicant may submit detailed plans of all or part of the following: unloading pad liner and leak detection system, recycle process containment, recycled water storage containment, process flow plans, and groundwater monitoring plans prior to hearing if they wish to satisfy likely "prior to recording the plat" conditions prior to hearing. As always, the applicant may contact this Department directly regarding this project. Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 S0) 673-2218 (cell) 0) 304-6411 (fax) And from Ken Swanson with Building: "A building permit is required for all structures." Planning, no issues at this time. Please submit the requested documents for second review and follow-up. No payment is required at this time as the application has not been deemed complete. Questions may be directed to the following staff: Kim Ogle 353-62100 x 3549 Don Carroll 356-4000 x 3750 Clay Kimmi 356-4000 x 3750 Troy Swain 356-4000 x 2702 Ken Swanson 353-6100 x 3548 Thank you. Original Message From: Donald Carroll Sent: Tuesday, April 27, 2010 6:57 AM To: Kim Ogle 46: Tom Parko bject: 1 - UWELD COUNTY,COLORADO { ; PARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY,CO 80631 PHONE:970-3534100,EXT.3540/FAX:970-304-6498 Date: / ' 20 ,' Receipt No. i J .:u Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PU D • 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. CASH El CHECK NO. '/ TOTAL FEE Receipted By: DL# Exp. • Hello