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Home My WebLink About20100154.tiff J T- INVENTORY OF ITEMS FOR CONSIDERATION • Applicant A&W Water Service, Inc. Case Number USR-1695 Submitted or Prepared Prior to At Hearing Hearing ' 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities 3 Referral List X Referrals without comment X Weld County Sheriffs Office referral received 3/23/2009 X Town of Platteville referral received 3/11/2009 X • Colorado Division of Wildlife referral received 3/31/2009 X Colorado Division of Wildlife referral received 12/14/2009 X 4 Referrals with comments X Weld County Department of Public Works referral received 12/9/2009(3 pages) X Weld County Department of Public Health and Environment referral received X 12/16/2009 (3 pages) Weld County Department of Building Inspection referral received 3/25/2009 X Weld County Zoning Compliance referral received 3/4/2009 (2 pages) X Town of Milliken referral received 4/6/2009(2 pages) X Platteville/Gilcrest Fire Protection District referral received 4/3/2009 (2 pages) X Farmer's Independent Ditch Company referral received 4/3/2009 (4 pages) X Revised Farmer's Independent Ditch Company referral received 4/23/2009 (2 X pages) Revised Farmer's Independent Ditch Company referral received 7/15/2009 (2 X pages • Referral (via e-mail)from CDOT received 3/12/2009 X Referral (via e-mail)from CDOT received 12/9/2009 X Referral (via e-mail from CDOT received 12/28/2009 X 5 Surrounding Property Owners/Mineral Owners - Letters • x- 6 PC Exhibits EXHIBIT 2010-0154 6A Letter from Scott Meining received 4/3/2009(3 pages) X • 6B Letter along with attachments from Chrysten Hinze(Lind, Lawrence&Ottenhoff X LLP)to Platteville/Gilcrest Fire Protection District received 11/9/2009(30 pages) • 6C Letter from Chrysten Hinze(Lind Lawrence&Ottenhoff)to Department of Planning X Services re:Town of Milliken received 11/18/2009 • 6D Letter from Pat Paul&William Aschenbrenner received 11/23/2009 X • 6E Letter from Susan McCollum (Lind, Lawrence&Ottenhoff)along with updated X traffic count information received 12/23/2009(3 pages) • 6F Letter&pictures from Diane& Donna Wolf received 12/28/2009(8 pages) X 6G Proposed Amended Staff Comments submitted by Applicant's representative(12 X pages) 6H Staff Memo to Planning Commission outlining proposed amendments to USR-1695 X 61 Sign Posting Affadavit& Picture(2 pages) :Li X 6J Trucks Dumping Photo#1 X 6K Trucks Dumping Photo#2 X ▪ 6L Site Map X 6M Power Point Presentation(28 pages) X ▪ 6N Truck/Dust Photos(5 pages) X 6O Letter of Response to Farmer's Independent Ditch Company from Lin, Lawrence& X • Ottenhoff dated 10/9/2009 --a --Planning Commission-ReseluGen- 8 • c tine I Attar ��.Lt L..v.t.( )FC ill X I hereby certify that the 35 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Chris Gathman Planner • • ‘aftt luBe LAND USE APPLICATION SUMMARY SHEET COLORADO Case Hearing Date: January 5, 2010 Number: USR-1695 Applicant: A&W Water Service, Inc. 1892 Denver Avenue, Fort Lupton CO. 80621 Representative: Chrysten Hinze— Lind, Lawrence& Ottenhoff, LLP 335 Eastman Park Drive, #200, Windsor, CO 80550 Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service Facility(water supply&storage; potash mixing and storage;and production pipe and equipment storage area) in the A(Agricultural) Zone District. Legal Description: Part of the E2 of Section 31, T4N, R66W of the 6th P.M., Weld County, CO Location: West of and adjacent to State Highway 60 and % mile north of County Road 38 Size of Parcel: +/-92 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 referral responses with comments from the following agencies: • Weld County Department of Building Inspection, referral dated 7/30/2009 Weld County Department of Public Works, referral dated 12/9/2009 • Weld County Department of Public Health and Environment, referral received 12/16/2009 • Weld County Department of Building Inspection, referral received 3/25/2009 ➢ Weld County Zoning Compliance, referral received 3/4/2009 Town of Milliken, referral dated 4/2/2009 • Platteville/Gilcrest Fire Protection District, referral received 4/3/2009 • Farmer's Independent Ditch (Submitted by Bernard Lyons Gaddis & Kahn), referral received 7/15/2009 State of Colorado, Department of Transportation, referrals received 12/2/2009 & 12/9/2009 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Weld County Sheriff's Office, referral received 3/23/2009 ✓ Town of Platteville, referral received 3/11/2009 Colorado Division of Wildlife, referral received 12/14/2009 • EXHIBIT USR-1695—A&W Water Service, Inc. 1 ' The Department of Planning Services' staff has not received responses from the following agencies: • v State of Colorado, Oil & Gas Conservation Commission Platte Valley Soil Conservation District ➢ Town of Gilcrest • • USR-1695—A&W Water Service, Inc. 2 • Ott', n SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Chris Gathman Case Hearing Date: January 5, 2010 Number: USR-1695 Applicant: A&W Water Service, Inc. 1892 Denver Avenue, Fort Lupton CO. 80621 Representative: Chrysten Hinze— Lind, Lawrence& Ottenhoff, LLP 335 Eastman Park Drive, #200, Windsor, CO 80550 Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service Facility(water supply&storage; potash mixing and storage;and production pipe and equipment storage area) in the A(Agricultural) Zone District. Legal Description: Part of the E2 of Section 31, T4N, R66W of the 6th P.M., Weld County, CO • Location: West of and adjacent to Highway 60 and 'A mile north of County Road 38 Size of Parcel: +/- 92 Acres Parcel Number: 1057 31 000015 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60 2.G A.Policy 7.2. states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." This proposed facility is in an appropriate location due to the proximity to and direct access to State Highway 60 and its proximity to U.S. Highway 85 (which assists in reducing impacts to the County Road system)and to county residents who utilize the County road system. Landscaping/screening conditions of approval and development standards are proposed along with limitations of hauling hours to mitigate impacts associated with the use and ensure compatibility with the surrounding area. • USR-1695—A&W Water Service,Inc. 3 Section 22-5-100 A. OG.Goal 1. Of the Weld County Code States:"Promote the reasonable • and orderly exploration and development of oil and gas mineral resources."This use provides a support function for the development of oil and gas mineral resources. Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial development should pay its own way." A&W Water Service, Inc. and their successors will be paying for all on-site and offsite improvements associated with this use as required through the improvements agreement. B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The facility is located in a rural agricultural area on parcel containing an existing abandoned residence and outbuilding in the southeast corner of the site. There are existing oil and gas production facilities located (tank batteries, wells and separators operated by Kerr Mcgee) in the eastern and northern areas of the site. The nearest single family residences are located approximately 700-feet west of the commercial well operation &water storage component of the operation and approximately 750-900 feet north of the proposed pipe& equipment storage area. The 2nd nearest residence is located approximately '/. mile to the northeast of the site (off of County Road 25.5). This site is located approximately% mile north of an existing oil and gas storage facility(pipe and production equipment storage) approved under USR-1662 in October of 2008. The operation will directly access onto State Highway 60 via a road directly west of County Road 38.5 (this road will be used exclusively by the applicant). The applicant is proposing to screen the use with a 6-foot opaque fence along the north end of the USR boundary along with berming along State Highway 60. Conditions of Approval and Development Standards are attached requiring screening of the property with an opaque fence or berm, limiting truck hauling hours to predominately daylight hours (except for emergency purposes)and submittal of a noise control plan with proposed mitigation measures to address noise concerns raised by adjacent property owners adjacent to the water well and tank storage area. D. Section 23-2-220.A.4 --The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the 3-mile referral for the Towns of Gilcrest and Platteville and within the 3-mile referral area for the Town of Milliken. No referral response has been received from the Town of Gilcrest. The Town of Platteville indicated no conflicts with their interests as stated in their referral received March 11, 2009. The Town of Milliken, as stated in their referral received April 2, 2009, indicated that new developments within the growth areas of existing municipalities should be serviced by municipal/district water and sewer systems whenever possible and that a requirement for connection to water and sewer at an appropriate time or when proximate to service lines should be a condition of approval for this application. The applicants are proposing to connect to Central Weld County Water District and provide sewage disposal through an Individual Sewage Disposal System. • USR-1695—A&W Water Service, Inc. 4 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 and the Capital Expansion Impact Fee Area. Effective January 1, 2003, Building Permits issued on the proposed lots 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 proposed lots 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 proposed facility is located on soils designated as "Prime(Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Portions of the site consist of recharge ponds associated with augmentation of commercial and industrial wells on the property. 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. USE DESCRIPTION: The proposal is for water supply and storage, potash mixing and storage and production pipe and equipment storage area. Water supply and storage is currently operating on site and resulted in the initiation of a zoning violation that the applicant is attempting to rectify through this Use by • Special Review Permit. The original USR application included a proposed reverse osmosis facility component along with an equipment washout facility component. These items have been removed from the updated request. This USR is to correct a zoning violation (ZCV-08-00225) for operating (water supply& storage and potash mixing and storage)without first obtaining the necessary Weld County Zoning Permits (Use by Special Review Permit approval). Should this application be approved, the violation will be dismissed. If denied, we request the Board of County Commissioners to forward the case to the County Attorney's Office, but to delay legal action for thirty (30) days to allow the applicant time to remove the use from the property. 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-1695. (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 Landscaping/Screening Plan. (Department of Planning Services) 3) The approved Lighting Plan (if any onsite lighting is proposed). (Department of • Planning Services) USR-1695—A&W Water Service, Inc. 5 • 4) Add note: "Weld County shall not be responsible for maintenance of on-site drainage related structures." (Department of Public Works) 5) The applicant will delineate on the plat drawing the improvements at the intersection, the left turn slot including lane widening, tapers, adequate turning radiuses, the extension of the pavement to the west gate, all rights-of-way, easements, and haul route sign located in the appropriate location prior entering on to State Highway 60, and any other red line items associated with either drainage or traffic as stated in the Public Works referral dated December 9, 2009. (Department of Public Works) 6) Dimensions of parking area shall be indicated on the plat(minimum 90-degree parking space dimensions are 9-feet x 19-feet and the handicapped parking space shall meet the Americans with Disabilities Act(ADA) requirements. (Department of Planning Services) 7) Identify the location of truck parking and equipment storage on the plat drawing. Move the future pipe and equipment storage area on the plat to the same location as on the drainage plat. (Department of Public Works) 8) The secondary containment structure(s) surrounding each tank battery used for slurry storage or mixing shall be indicated on the plat. (Department of Public Health and Environment) 9) Traffic circulation (to and from the equipment storage area) shall be indicated on the plat. (Department of Planning Services) • D. A fugitive particulate emissions control plan (dust control plan) shall be submitted and approved by the Weld County Dept. of Public Health & Environment. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Health & Environment) E. The applicant shall submit a waste handling plan, for approval, to the Weld County Department of Public Health & Environment. a) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). b) A list of the type and volume of chemicals expected to be stored on site. c) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (Department of Public Health & Environment) F. If applicable, the applicant shall obtain stormwater discharge permit coverage from the Colorado Department of Public Health & Environment, Water Quality Control Division for construction activities. Written evidence of such shall be provided to the Departments of Planning Services and Public Health and Environment. (Department of Public Health & Environment) G. Building permit applications shall be submitted for the existing water storage tanks currently located on the property. Evidence that the required permits have been applied • for shall be submitted to the Department of Planning Services. (Department of Building Inspection) USR-1695—AM Water Service, Inc. 6 H. A secondary containment structure surrounding each tank or battery of tanks used for • slurry storage or mixing shall be constructed. The volume retained by the structure shall be 110% greater than the volume of the largest tank inside this structure. The structure shall prevent any release from the tank system from reaching land or waters outside of the containment area prior to cleanup. For tanks stored in contact with the ground, a concrete secondary containment structure (floors and walls) shall be constructed. The structure shall be designed by a Colorado Registered Professional Engineer. The Department will consider structures other than those constructed of concrete so long as a registered professional engineer provides a certification indicating that the proposed structure meets or exceeds the expected functionality of a concrete structure in regard to containment, spills, unintended releases, etc. Evidence of approval of the design by the Department of Public Health and Environment and evidence that appropriate building permits have been applied for the containment facility shall be provided to the Department of Planning Services. (Department of Public Health & Environment) A secondary containment structure surrounding the slurry unloading/truck slurry loading area shall be constructed unless all connections are made within the structure required in item 1.H above. The volume retained by the structure shall be sufficient to capture spilled slurry and prevent spills from reaching land or waters outside of the containment area prior to cleanup. Written evidence of approval of the design by the Department of Public Health and Environment and evidence that appropriate building permits have been applied for the containment facility shall be provided to the Department of Planning Services. (Department of Public Health & Environment) J. An individual sewage disposal system (I.S.D.S.) is required to dispose of sewage from the facility and must be designed by a Colorado Registered Professional Engineer and in accordance with the I.S.D.S. portion of the Weld County Code. Written evidence of Department of Public Health & Environment approval shall be provided to the Department • of Planning Services. (Department of Public Health & Environment) K. The septic system serving the existing residence, which the applicant intends to use for office space shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current Weld County ISDS (Individual Sewage Disposal System) Regulations. Written evidence of Department of Public Health & Environment approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) L. The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in their referral response dated December 9, 2009 This includes installing the stop sign and haul route sign in the appropriate location as approved by Public Works prior to recording the plat. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) M. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements (A&W Water Service, Inc - USR-1695) Collateral will be posted for work to be completed. The agreement and form of collateral shall be submitted for and reviewed by the Departments of Planning Services and Public Works and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. (Departments of Public Works and Planning Services) • USR-1695—A&W Water Service,Inc. 7 N. The applicant shall submit a Screening Plan to the Department of Planning Services for • review and approval. The plan shall address screening of all sides of the facility with an opaque fence (minimum 6-feet in height) or berm from the well, tank storage and truck loading area. (Department of Planning Services) O. Because this site is in violation, and trucks are currently hauling water from the water supply and storage area on the site: screening of the water supply and storage area shall be accomplished prior to recording the plat. The applicant can propose temporary opaque screening should the applicant propose to install a berm and vegetation that cannot be planted until the spring season. Evidence that screening has been installed shall be provided to the Department of Planning Services for review and approval prior to recording the plat. (Department of Planning Services) P. A Lighting Plan (if any on-site lighting is proposed), including cut sheets of the intended lights, shall be provided to the Department of Planning Services for review and approval. The Lighting Plan shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting requirements in accordance with Section 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved lighting plan shall be indicated on the plat. (Department of Planning Services) Q. The applicant shall attempt to address the requirements of the Town of Milliken as stated in their referral received April 6, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Town of Milliken) R. The applicant shall attempt to address the requirements of the Platteville/Gilcrest Fire Protection District as stated in their referral received April 2, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Platteville/Gilcrest Fire • Protection District) S. The applicant shall attempt to address the requirements of the Farmers Independent Ditch Company as outlined in the letter from Bernard Lyons Gaddis & Kahn dated July 15, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Farmers Independent Ditch Company) T. The applicant shall address the requirements of the Colorado Department of Transportation (CDOT) as stated in their referrals received December 2 and December 9, 2009. Written evidence of such shall be provided to the Department of Planning Services. (CDOT) U. The applicant shall submit a noise control plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment and to the Department of Planning Services. Evidence of Health Department approval shall be provided to the Department of Planning Services. (Department of Planning Services) V. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) 2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld • County Department of Planning Services. (Department of Planning Services) USR-1695—A&W Water Service, Inc. 8 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other • documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). Thisdigitalfilemaybesenttomapsa@co.weld.co.us. (Department of Planning Services) 5. Prior to the Release of Building Permits: A. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) B. Setback and offset distances shall be determined by the appropriate codes in effect at the time of submittal of building permit application. Currently, setbacks are determined by the 2006 International Building Code (Offset and setback distances are measured from the farthest projection from the structure). (Department of Building Inspection) C. A plan review shall be approved and a permit must be issued prior to the start of • construction. (Department of Building Inspection) D. A letter is required from the Platteville/Gilcrest Fire Protection District as to whether a fire permit will be required. (Department of Building Inspection). • USR-1695—A&W Water Service,Inc. 9 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS A&W Water Service, Inc. USR-1695 1. Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (water supply&storage; potash mixing and storage; and production pipe and equipment storage area) in the A(Agricultural) Zone District and subject to the development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. Hauling hours (truck trips to and from the facility) shall be limited to hours of 6:00 AM until 8:00 PM Monday through Sunday. In the event that oil field demands require temporary hauling outside of daylight hours, the offices of the Weld County Commissioners and Department of Planning Services shall be notified. (Department of Planning Services) 4. The maximum number of employees employed at the site shall be ten (10). (Department of Planning Services) 5. Trucks from the project site accessing U.S. Highway 85 must use State Highway 60 south or County Road 40 east to access U.S. Highway 85. Trucks shall not use County Road 38 or County Road 38.5 to access U.S. Highway 85. (Department of Public Works) 6. The applicant shall be required to obtain any overweight or overwidth permits as needed from Weld County Public Works and/or the Colorado State Department of Transportation (CDOT). • (Department of Public Works) 7. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health & Environment) 8. Slurry unloading/truck loading operations shall be conducted within the secondary containment areas. Spill prevention measures shall be employed when making connections and during loading/unloading operations. Portable containment such as drip pans shall be available for use. (Department of Public Health & Environment) 9. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh water spills should be captured in above ground containment areas and allowed to infiltrate. There shall be no discharge from this process to surface waters or to the facility stormwater management system in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health & Environment) 10. No permanent disposal of wastes shall be permitted at this site. Any liquid or solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 11. Fugitive dust shall be controlled on this site. The facility shall comply with their approved fugitive dust control plan. (Department of Public Health & Environment) 12. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & • Environment) USR-1695,A&W Water Service,Inc. 10 13. Sewage disposal shall be by septic system. Any I.S.D.S. on the property shall be permitted, • installed, maintained and operated in compliance with Weld County Code, pertaining to I.S.D.S. (Department of Public Health & Environment) 14. A permanent adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health & Environment) 15. Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and patrons of the facility at all times. (Department of Public Health & Environment) 16. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved Waste Handling Plan. (Department of Public Health & Environment) 17. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health & Environment) 18. This facility shall comply with the laws, standards, rules and regulations of the Water Quality Control Commission, Air Quality Control Commission, Hazardous Materials and Solid Waste Division, and any other applicable agency. (Department of Public Health & Environment) 19. The landscaping/screening on site shall be maintained in accordance with the approved Landscape/screening Plan. (Department of Planning Services) 20. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties; and • Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 21. Effective 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) 22. Effective August 1, 2005, Building Permits issued on the proposed lots 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) 23. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 24. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 25. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 26. 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) • USR-1695,A&W Water Service, Inc. 11 • 27. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 28. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) 29. Weld County shall not be responsible for the maintenance of on-site drainage related structures. (Department of Public Works) • • USR-1695,A&W Water Service,Inc. 12 DEPARTMENT OF PLANNING SERVICES • a 918 10TH Street GREELEY, CO 80631 PHONE: (970) 35370) Ext. 3540 FAX: (9(970) 304-6498 1111D C. COLORADO October 20, 2009 A&W Water Service, Inc c/o Chrysten Hinze Lind, Larence & Ottenhoff, LLP 355 Eastman park Dr., #200 Windsor CO 80550 Subject: USR-1695- A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility,including Oil and Gas Support and Services(water supply and storage,potash mixing and storage, washout facility, reverse osmosis facility,and production pipe and equipment storage area)in the A(Agricultural)Zone District on a parcel of land described as Part of the E2 of Section 31, T4N, R66W of the 6th P.M., Weld County, Colorado. • Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on December 1, 2009, 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 December 23, 2009 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 often 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.co.weld.co.us/departments/planning/Planning/plan current If you have any questions concerning this matter, please call. Respectfully, - • uChris Gathman Planner i w. • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS December 25, 2009. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY 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, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1695 IN THE A (AGRICULTURAL) ZONE DISTRICT. CHRIS GATHMAN Name of Person Posting Sign • ignature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) {h The foregoing instrument was subscribed and sworn to me thisv day o 2010. WITNESS my hand and official seal. 6 ,u,„ (2,2,-)/ 7) 7 (),„ Notary Public (y --- -- BILLIE J. 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LEGAL: Part of the E2 of Section 31, T4N, R66W of the 6th P.M., Weld County, CO. LOCATION: West of and adjacent to State Highway 60 and '/ mile north of County Road 38 PARCEL ID #: 1057 31 000015 ACRES: +/- 92 Acres Zoning Land Use N A N Single-family residences immediately to the north — approx. '/ mile north of the proposed equipment storage area E A E Agricultural land (single-family residences approx. '/ mile to the east of the site Agricultural Land (Oil Equipment storage yard S A S approx. %-114 mile to the south) W A W Single family residence 1/8 mile west of well/water . supply (loading) area/agricultural land COMMENTS: Old residence (not currently inhabited) and outbuildings in SE corner of site. Water supply& storage operation currently operating in the SW portion of the site. atA:c ‘c74cit",-/t-- Chris Gathman - Planner III p DEPARTMENT OF PLANNING SERVICES G NORTH OFFICE 918 10T Street . GR CO80631 PHONE: (970) 353-6103-610 x0, 3540 ' FAX: (970) 304304-6498 COLORADO March 3, 2009 A&W Water Service, Inc c/o Chrysten Hinze Lind, Larence & Ottenhoff, LLP 355 Eastman park Dr., #200 Windsor CO 80550 Subject: USR-1695- Request for a Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service Facility (water supply& storage; potash mixing and storage; washout facility; reverse osmosis facility and production pipe and equipment storage area)in the A(Agricultural)Zone District on a parcel of land described as Part of the E2 of Section 31, T4N, 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 Gilcrest, Milliken,and Platteville Planning Commission for their review and comments. Please call Gilcrest at 970-737-2426, Milliken at 970- 587-4331, and Platteville at 970-785-2476 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 Gilcrest, Milliken, and Platteville 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, lwa 5940f1L Chris Gathman Planner • • • LIND, LAWRENCE & OTTENHOFF LLP • Attorneys and Counselors at Law 355 EASTMAN PARK DRIVE,SUITE 200 WINDSOR,COLORADO 80550 GEORGE H.OTTENHOFF TELEPHONE:970-674-9888 BRADLEY C.GRASMICK KENNETH F.LIND TELECOPIER:970-674-9535 DAVID P.JONES KIM R.LAWRENCE chrys@Ilolaw.com CHRYSTEN S.HINZE P.ANDREW JONES THEODORER.PET RJ.FINN JAMES D.BR AMER* MEGAN R.PETF,RSON+ CLINTON LYJ. P.SWIFT WWW.LLOLAW.COM KELLY J.CUSTER 721 EAST LINCOLN WAY CHEYENNE,WY 82001 TELEPHONE.307.635-2480 'Also admitted in Wyoming +Also admitted in Wisconsin February 24, 2009 Weld County Department of Planning Services North Weld Building 918 10th Street Greeley, CO 80631 ATTN: Kim Ogle Via hand delivery Re: 7-Day Completeness Review, A&W Water Service USR Application for Oil & Gas Support Services (E '/2 Sec. 31 T4N R66W) • As per our discussion yesterday, and in response to your letter dated November 26, 2008, please find enclosed for completeness review the following: A Complete packet of the following (with appropriate copies for Public Works and Environmental Health): (a) Application form with agent authorizations (b) Special Review plat map (with lighting landscaping plan) & Drainage Plan map (24" x 36"), (c) Special Review plat map (81/2" x 11", with attachment identifying access) (d) Special Review Use Questionnaire and Supplemental Responses concerning Truck Washout Details and Design of Reverse Osmosis Facility and chemical and solids handling. (e) Weld County Road Access Information Sheet (f) Letter from Central Weld County Water District (domestic service) and the well documentation concerning the commercial wells (g) Deed identifying fee interest in the parcel, one copy (h) Soils Report (i) Affidavit and certified lists of names/addresses/parcel information assigned by the Weld and Larimer County Assessors (j) Property Statement of taxes due from the Weld County Treasurer (k) Emergency Information Sheet (I) Drainage Report (proposing retention pond) • (m)Letter Requesting Variance (Public Works) (n) Geotechnical Report (o) Preliminary Traffic Study • (p) Letter to FIDCO (q) Letter to Oil Company (r) MSDS sheets for chemicals at the site (s) Letter concerning progress of Surface Use Negotiations (Kerr McGee) (t) Letter concerning progress of Surface Use Negotiations (Monogo) I appreciate your attention to this, and look forward to hearing from you soon concerning the status of the proposed application. Sincerely, LIND, LAWRENCE & OTTENHOFF, LLP Chrysten S. Hinze Encl. Cc: Gary Wright • 1d51�t ur t a • 6 DEPARTMENT OF PLANNING SERVICES Greeley Planning Office I 918 Tenth Street WI D Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us • PHONE (970) 353-6100, EXT. 3549 COLORADO FAX (970) 304-6498 November 26, 2008 Chrysten Hinze Lind Lawrence & Ottenhoff, LLP 355 Eastman Park Drive, Suite 200 Windsor, CO 80550 Subject: Pre-Submittal for A&W Water Service, Inc. Dear Chrysten: • The Departments of Public Health and Environment, Public Works and Planning are in receipt of the pre- application sketch plan application packets dated November 28, 2008. Departmental staff has completed their review and offer the following comments: Environmental Health The applicant shall submit the following documents with the application: 1.] Design of equipment and truck was details. All materials shall be contained, no gravel permitted and no seeping of materials onto and into the ground plain 2.] Design of tanks with containment at 150% of volume 3.] Design of containment for other chemicals, separated per manufacturers recommendation 4.] Solids handling— how accomplished, what controls to be implemented, bucket elevators, augers, et cetera . . . Building Inspection Department No issues. Public Works 1.] Public Works has reviewed the 7-Day Completeness Review. The Public Works Department shall be looking for five critical items: ➢ Site Plan Review ➢ Traffic Study ➢ Preliminary Drainage Report • ➢ Geotechnical Soils Report Flood Hazard Development Permit • Specifics of each component are address in the attached Memorandum Donald Carroll, engineering Administrator to Kim Ogle, Planning Services, dated November 25, 2008. Summary: The applicant needs to resolve the issues as outlined in the November 25, 2008 memorandum. Planning 1.] County requests evidence that Gary Wright is able to sign on behalf of A&W Water Service, Inc. 2.J Application materials do not address the landscape component, the screening component and the lighting component. These areas shall be fully explored and detailed plans shall be siubmitted with the full application materials. 3.] Application materials do not address the oil and gas issue. Staff will require a Surface Use Agreement or a Memorandum of Understanding. 4.] County requests evidence that FRICO has been contacted as to the proposed use of the property specific to the uses outlined in this review packet. Staff will accept the Site Specific Development Plan and Special Use permit for the A&W Water Service Facility when the above referenced concerns are answered or otherwise addressed. Please note, staff comments made during the pre-application phase of the application procedure may not be all inclusive, as other concerns or issues may arise during the remaining application process. Please contact this office should you have additional questions or concerns. Thank you. Sin re , • Kim Planning Manager ec: C.Gathman, Planning Services L.Light,Environmental Health C.Kimmi, Public Works D.Carroll, Public Works D. Dunker, Public Works File: Pre-Application Morton(PAO8-087) • (� � MEMORANDUM WI TO: Case File; A&W Water Ph g 0 g`7 DATE: September 22, 2008 COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: A&W Water facility violations Attendees: Ken Lind, Attorney Chris Heinz, Attorney Lynn Leeburg Clay Kimmi, Public Works Kim Ogle, Planning Tom Honn, Planning Bethany Salzman, Zoning Compliance On Monday, September 22, 2008 an informal discussion took place at the Greeley • Administrative Offices Conference Room regarding the violations against the A&W Water facilities. Background Information: The attorney's indicated that they have begun completing the USR application for the facility located near CR 38.5 and State Highway 60. It was noted that Ann Siron, Zoning Compliance granted this A&W Water facility an extension of 60 days from the violation hearing to submit a completed USR application. The attorney's anticipate submitting the entire application mid- November, which will meet that deadline. The attorney's updated staff with regard to the violation issues at the facility near Highway 52 (Lot A RE-2526). They stated that they had researched the history of this property and gave a brief explanation. In the early 1980s A&W Water obtained a lease agreement with the property owner for their well operations. In 1999 the property owner had applied for and was granted a Recorded Exemption for a portion of this property. The attorney's indicated that a letter of approval was received in 2002 from Weld County granting approval of the Reverse Osmosis plant. In 2003 a Non-Conforming Use (NCU)was granted for the tanks used in the well operations. The attorney's argue that approval was given to the facility for the Recorded Exemption as well as the NCU while this area was located within the floodway. Staff indicated that the letter giving approval for the Reverse Osmosis plant was on a temporary basis of 1-3 years. Attorney's indicated that the Reverse Osmosis plant is currently in operation 6 years later; however it is scheduled to be removed. At the time of this meeting, they did not • know who operates the plant, nor the timeline for removal. However, they will submit that answer to Zoning Compliance but expect that it is to be removed in the next 60-90 days. The attorney's indicated that the oil derrick will be removed from the site by the end of October. They also indicated that the rig is leaving as well as the camper trailer and the chemical in the tanks. All operations will be exclusive to Lot A. • Staff expressed that they will research the property with regard to the NCU as that may have been approved based on the activity/use of it rather than the location of it being in the floodway. With regard to the Recorded Exemption, the location of the floodway/floodplain does not influence the approval of the application. Staff stated that Bruce Barker, County Attorney, will make a determination and will forward that to the attorney's for further review. Staff commented that another option for the applicant to research would be to update the FEMA map under the LOMAR process. Likewise the applicants may research moving the tanks out of the floodway and into the flooplain. Staff explained that if they moved the tanks they would need to be located parallel to the floodplain and anchored. The meeting concluded with directing the determination from Bruce Barker to Chris Heinz. The applicants will submit a letter to Zoning Compliance outlining a deadline for removing the Reverse Osmosis plant. End memorandum. • • WELD COUNTY • PRE-APPLICATION REVIEW REQUEST • The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review is not an application. • Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. The second and fourth Friday of any given month pre-applicant reviews are held in the Southwest Service Center office at 10:30 a.m., 11:30 am., 1:00 p.m., 2:00 p.m. and 3:00 p.m. Pre-Application reviews are held Thursday of any given week in the Greeley office. To be on the pre-submittal agenda,the request and required checklist items.must be received one week prior to the review date,and shall include at a minimum,a description of the property including surrounding lands and land uses, property owners name and contact Information,a brief narrative and a map delineating the property location,in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessorwebsite at www.co.weld.co.us Please print a copy of the Assessors page and submit It with your pre-application review request. • Mail,fax or drop off the request and required checklist items to the address listed below,a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Chrysten Hinze Phone: 970-674-9888 Fax: 970-674-9535 Email: chtys®Ilolaw.com • Address: 355 Eastman Park Dr.#200, Windsor CO 80550 Project Description: Oil and Gas Support Services Operation Property Information: tion-Township- 31-4-66 Zoning Rangeag Parcel Number 1 50 731 000 01 5 Acreage 92+/- Site Address 18515 Highway 60 Water Source Well Legal Description PT NE1/4 S31 T4N R66W Sewer Owner Name A&W Water Service,Inc. Is this property currently In violation? r Yes r No Case Number 4. -z: v _ �' , 'i ,a a Fws. art r +� ° x , , R .,r r F Meeting Date/Tit to tt Weld County Department of Planning Services Greeley Office- Longmont Office- • 91810r,Street, Greeley CO 80631 . 4290 County Road 24.5, Longmont CO 80504 Phone: 970-353-8100 x3540 Phone: 720.652-4210 x8730 Fax: 970-304 6498 Fax: 720-652-4211 r - • NARRATIVE FOR CONFERENCE, PARCEL NO. 105731000015 (WCR 38.5 and Highway 60) The subject parcel is approximately 92 acres in the ag zone,owned by A&W Water Services,Inc. Access to the parcel is by Highway 60 and County Road 38.5. Existing improvements on the parcel are an abandoned residence and potato shed with concrete foundation. There are four raised-bank recharge ponds on the property,and the property is served by two GWMS wells and 14 shares of FIDCO. The site has approximately 10 water tanks(20,000 gallon capacity each)for servicing oil and gas operations. The site is to be accessed seven days per week,during daylight hours,with truck traffic being directed to Highway 60(north and south)both approaching and leaving the site. Future anticipated truck traffic to the site for this use is 88 loads per day. Additional proposed uses on the parcel are as follows,all being in support to oil and gas operations: • Pot ash mixing and clay treat supply facility Oil field washout facility(above ground) Oil field equipment and pipe storage area Office(to accommodate up to ten employees) Reverse Osmosis Facility The anticipated locations of all of the above uses are indicated on the sketch submitted with this narrative. The raised recharge pond banks effectively screen the proposed uses from properties to the north,and an existing berm along the frontage along Highway 60 will be extended to screen the proposed uses from properties to the east. Additionally, fence screening will surround the storage area. Surrounding uses: agricultural,residential;oil and gas compression station to the east, adjacent to Highway 60. The Green Valley Sod farm is to the south(although not directly adjacent to the parcel.) Sand and gravel operations are also in the vicinity. • Page 1 of 1 • 1 -- S i. ;swet ) A :1,-;,',‘• P 'r }'•§,•:h-p, f�' SL' �� y 9"r 7 Ac, ,; � x '" wnC'iS+ � w�' [ '�"'�.� 'di e & � yyJJ 4' a ria▪ -I < ` ' .- ' fit, , d t':;s i n e . rU ,e '4 .ts a # .• 4 S x .{...: r -;k9=74,14;4 ', 'a' *I .stir 1 ' ro s ZFE ru ' Fr SS a>Gi .eu G `'+1`a� a'i ar.,� {' r}h<m r .� w zr t .; ,'. I #vvlr�y�t 7 C''�'5'*rr { ".l ir'Ca4p,�u��, y'�` . 0 141 - 4 F" ,r , ek• s i ,,,, " :c'-44, k,4 YN y -- 441 F "d'' yf rkt- - p '}' _ `�'Y. sr f 44*- 4 s r .k L"'5 y-�1Fir., Har .*.,cSg u s'� 1.,,,„,t,,,,4,, rx s� tird" c �' ,r..a+ ' i'^& � d q i) Fe�Ry ; v, .1/2: -,N ag 4 J'{t,.. ,y-.. .h�;AS 1 i a c t+ 'y , t;; S' fl 7'f',..4."1'.11',44:'''' .7k4;-`,4 ha as. N ¢¢s''' < A A. �' ettr I l'� fief &'1 F 3j r'- 4 ' ' ejg4"� rG r y A 'l !( i krz. '4at3 r f4a p ,j;:=-41,T,-,i A"` ,...k:.°,44a its]' •. �• y W � !-F �fi„. { tiEI1 yR 0 f Y.'YXk.�W➢K^'� t m ` F i� }'5ps 'i .r1t ✓tiY i j` 4 ry 6 2' t s E",,,r71‘'20,::::::. ,A%„ ,,,r.: k r.h^k,.15L "�;�.Y t"..a5l`� , e ra x 2 I: 'I. ) X51.&., r i x�`:p ;t $o� sc .r �y-'FYp'x" _'.� .�R,�yr ' :.:t'a P '................................................ . r :t s{ P14, , ri• ' a H Zr r- & 4 e Tt m J �?'fleA�;F{ qL p a a -:� �4� r � d �Y s kea��y"" +t` 'W S rte t r'3x e h i 1.�,�t. + ?.xt s 'a`3Vi '',i" .'iaa 's "Rk � 'x s� + s ' f ds'rer8 l'.. s' •: �),, � T aK4y '!�° ..,;.,ILA ,¢-¢ Y n : CR Sl9 :' 4,,' �fib • Ve9 �hd r C a�� .,1'8 iE .: 4 y'vfr ii x.5 • +rt}.Camarr... n. . .� "; 'itln ._. '.,i 7JFlf • http://maps2.merrickcom/outpuUweldProd_DEN-GSS-IMS34044812635jpg 9/2/2008 Aug 15,08 08:30a Verlene T. Leeburg 303 114 8325 p.1 • FAX TRANSMISSION LEEBURG&ASSOCIATES LINN T.LEEBURG 707 Hawthorn Avenue Boulder, CO 80304 303-442-2428 Celt: 303-947-0791 Fax: 303-444-8325 To: 1G inn 42S/te Date: 8— kr—O 8 Fax#: 79p_ 3 oeici 99.B Pages: including this cover sheet. From: Linn T. Leeburg Subject: / r —4 / a7jAd w COMMENTS: /elm • fes ,OOac. Ac ye✓✓ rare.-` 4 l9-1- //ese J ;- a 5 71-d s�.i4 /o be.• .te i^-09 Crc%r /21k. 0 _?T " fl 774 A.6 yo� IA- - �.�L ta 303 -772-099/ Pte,-i l lep1 a Co S i17e2P • Aug 15 08 08:30a Verlene T. Leeburg 303 111 8325 p.2 P31161:164-4 SL"t�br, ltliy'- ail•: • WELD COUNTY PRE APPLICATION REVIEW REQUEST 1 - The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review is not an application. • Pre-application reviews are held every Friday with the Weld County Departments of Public Works and the Public Health and Environment The first, third, and fifth Friday pre-applicant reviews are held in the Greeley office. The second and fourth are held in the Longmont office or as scheduled. To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to the review date. • The Property Information required below can be found on the Weld County Assessor website at www.co.wetd.co.us. Please print a copy of the Assessor's page and submit It with your pre- application review request • Mail,fax or drop off the request and required checklist items to the address listed below. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: /�) ,f 1,c, `,_far SP.✓ibo`4rwG — '% 4. .- Ltl."/TAr Phone: 3703 - sr-- .cad jFax: 3o-3 — S j -asp Email: GW+rh f-t 4 -aeon • Address: 3o-j S 7 at Fe..''L..040.4!, �'o, s 6 6 a/ Project Description: jeer 5 C7, c j LolA ,Qr- as-ZG Property Information: Section-Township- �',/// / Zoning �t Range / -s G G —37/-69-o/ /}' Parcel Number Acreage000 Site Address ,, ///'r0`gw� r source tor/Ks Legal Description / Sewer taxers Owner Name Ad w 449ySe....) 4, An— Is this property currently In violation? Eves 'j No Case Number ;kav Tjtf r�'. �.,..� �x- _ �.._y'v..�, i_ • �:+8 mss. � k� 1+ r `:rii;;;54:, _.. s- Meebltg,fJ.teill e'r Weld County Department of Planning Services Greeley Office- Longmont Office- 91810e.Street,Greeley CO 80831 4290 County Road 24,5,Longmont CO 80504 Phone: 970-353-8100 x3540 Phone: 720452-4210 x8730 • Fax: 970-304-6498 Far 720-652-4211 Aug 15, 08 08:30a Verlene T. Leeburg 303-444-8325 p.3 • WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: • To view the Weld County Code, please go to www.co.weld.co.us, FOR(SPR)SITE PLAN REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures,parking,nearby roads,and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual building elevations ❑ Conceptual landscape plan FOR(USR)USE BY SPECIAL REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures,parking,nearby roads,and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan FOR(PUD) PLANNED UNIT DEVELOPMENT I CHANGE OF ZONE (COZ): ❑ Brief project narrative explaining request ❑ Exhibit showing desired changes to be made • O Location map showing property,surrounding area and adjacent uses ❑ Conceptual zoning map showing current and proposed zoning D Conceptual site plan showing all structures,parking,nearby roads,and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan if) f pia ,rev,. k;m Alat 'O 8_ of-°.63 Weld County Department of Planning Services Greeley Office Longmont Office- 91810n Street,Greeley CO 80631 4290 County Road 24.5,Longmont CO 80504 Phone: 970-359-6100 x3540 Phone: 720-652-4210 x8730 • Fax: 970-304-6498 Fax: 720-652-4211 Aug 15 08 08:30a Verlene T. Leeburg 303 141 8325 p.4 • (1)tle;,,ss\zt DEPARTMENT OF PLANNING SERVICES Greeley Planning Office ' 918 Tenth Street Greeley,Colorado 80631 C WEBSITE:www.co.wetd.co.us O E-MAIL:MAIL: kogle@co.weld.co.us PHONE(970)353-6100,EXT. 3549 FAX(970)304-6498 COLORADO August 1,2008 Gary Wright A&W Water Service, Inc. Post Office Box 887 Fort Lupton, CO 80621 Subject Commercial Water Service Wells • Dear Mr.Wright: The Department of Planning Services has received a complaint from a surrounding property owner adjacent to your State Highway 60 and County Road 38.5 facility. As part of our due diligence, information obtained from your web page indicates that several of the services that A&W Water Service provides include"Primary services include oil field water hauling. . ' The Weld County Code defines this activity i as Oil and Gas Support and Service,which by definition ncludes: OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses whose primary activity includes the following kinds of USES: a. Parking and maintenance of exploration, production or workover equipment. b. Equipment and storage yards for road and pipeline construction contractors,and production unit set-up and maintenance contractors. a. Parking and maintenance for tank and water service companies. d. Storage and rental yards for pipe and production equipment. e. Field OFFICES USED by production-related records and maintenance personnel. f. Disposal and recycling sites for production waste (except production water disposed through either SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection wefts is exclusively via pipeline from the source and no on-site storage occurs), except businesses whose activities are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by other than company officials. g. 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. Given the description of your business,it is the determination of the Department of Planning Services that • a Site Specific Development Plan and Special Use Permit are required for both of your facilities. To facilitate this discussion,this office requests that a Pre-Application Meeting be scheduled with County • Aug 15 08 08:31a Verlene T. Leeburg 303 /Till 8325 p.5 • staff,i.e., Building, Environmental Health, Public Works and the Planning Department. The application for this meeting is included. It is important to state that County staff is available to assist you with the permitting process, including responses to questions and inquiries. Please contact this office with any questions or concerns. Thank you. Sincerely, Kim O Planning Services enclosure ec: A.Shen,Code Compliance B.Salzman,Code Compliance T.Hann,Planning Property Research �L(Cit, PT NE4 31 4 66 SITUS: 1851560 HWY at7.10 CA'„ - (-O Pat- 7,-(O1..;Parcel#105731000015 Litt A,RE 2526;PT NE4SE4 1-1.67 p ail L t- SITUS:NO IMPROVEMENTS Parcel#146901400034 • T-Lox) t'L 17-t71\-t-7( i{_} .11j • • f,X2c4 , • Aug 15 08 08:31a Verlene T. Leeburg 303 'I'1,1 8325 p.6 Identify Results Page 1 of 1 • Parcel Valuation Account*: R4470286 Parcel*:105731000015 Owners Name&Address: Procerty Address: A&W WATER SERVICE INC Street 18515 60 HWY PO BOX 887 City: WELD FORT LUPTON,CO 80621 Businen/Complex: Legal Descrlgtioq 17224 PT NE4 31.4 66 5&E IND DITCH EXC UPRR CO RES(2R3D)STn15: 18515 60 HWY WELD LD 00000 Land Value $40,611 Land Assessed Value $11,780 Imor.Value 54,?g Per.Assessed Value $1.270 Total Value $45,363 Total Assessed Value $13,050 Total Taxes:$542.86 Amount Due:$0.00 Tax Area: Bordering County: Toymship Ranee Section Quart.Sec. SubdWison Name Block*lot# 04-66-31-0 -- Land Subtotal: Acres:92 Sale Price Sale Date Deed Type Reception# $1,125,000 2/16/2005 WD 3261796 • • http://maps2_Inerrick.comlWebsite/Weld/setSgl.asp?Lind=QU ERY&DET=Parcel... 07/28/2008 Aug 15 08 08:31a Verlene T. Leeburg 303-444-8325 p.7 Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#:R1520502 Parcel#: 146901400034 Tax Area;3055 Bordering County: Acres:5 Township Ranee Section Ouart.Sec. Subdivison Name Blocks Lot# 01 -67-01-4 -- Owners Name&Address: Property Address: A&W WATER SERVICE INC Street:wan PO BOX 887 City:WELD FORT LUPTON,CO 80621 Business/Complex:A&W WATER Sales Summary Sale Date Sale Prim peed'Not Reception# 3/25/2004 $100,000 WD 3165350 Legal Description PT NE4SE4 1-1.67 LOT A REC EXEMPT RE-2526 SFIUS:WELD land Valuation Summary Unit of Number of Assessed Land Ty pe Abet Code Actual Value Measure Units Value • Commercial 2130 Acres 5 Land Subtotal: 5 $105,000 $30,450 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value Yame 1 Out Building 3 Commercial 4 Commercial Improvements Subtotal: $3,250 $940 Total Property Value $108,250 $31,390 Building Details Account*: R1520502 Percale:146901400034 Owners Name&Address: Property Address: A&W WATER SERVICE INC Street:WELD PO BOX 867 City:WELD FORT LUPTON, CO 80621 Bulldlno# Property Type 1 Out Building Individual Bela As Detail • httpl/maps2.merrick.com/ VebsitelWeld/setsgl.asp?omd=QUERY&DET=PP&pi... 07128/2008 Aug 15 08 08:31a Verlene T. Leeburg 303-444-8325 p.8 Identify Results Page 2 of 3 • Built As: Comm Shed-Utll ty Year Built 1940 Exterior: NVAC: None Interior Finish: Built As SQ Ft: 280 #of Baths: 0 Roof Type: Gable #of Bdrms: 0 Roof Coven #of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft Basement Total SQ Ft: Finished SQ Ft Account#:R1520502 Parcel#:146901400034 Owners Name&Address; Prooertv Address: A&W WATER SERVICE INC Street WELD PO BOX 887 City:WELD FORT LUPTON,CO 80621 Buildinal - Property Woe 3 Commercial Individual Built As Detail Built As: Comm Shed-Udllty Year Built 2004 Exterior: NVAC: None Interior Finish: Built As SQ Ft: 140 #of Baths: 0 Root Type: Gable *of Bdrms: 0 Root Cover: #of Stories: 1 • Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft Basement: Total SQ Ft Finished SQ Ft: Account#:R1520502 Parcel#: 1469014-00034 Owners Name&Address: Prooerty Address; A&W WATER SERVICE INC Street:WELD PO BOX 887 City:WELD FORT LUPTON,CO 90621 Bultdina# Property Type 4 Gamine:cal al Individual Built As Detail Built As: Comm Shed-Utility Year Bunt: 2004 Exterior: NVAC: None Interior Finish: Built As SQ Ft 900 #of Baths: 0 Roof Type: Shed #of Bdrms: 0 Roof Coven #of Stories: 1 Rooms: - 0 Units: 0 Garaeee Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Pt: • http://maps2.merrick.comVWebsitefWeld/setSgl.asp?cmd=QUERY&DET=PP&pi... 07/28/2008 It k-Cir • (111 DEPART 'ICES office ' 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us OE-MAIL: kogle@co.weld.co.us • • PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 COLORADO August 1, 2008 Gary Wright A&W Water Service, Inc. Post Office Box 887 Fort Lupton, CO 80621 • Subject: Commercial Water Service Wells Dear Mr. Wright: The Department of Planning Services has received a complaint from a surrounding property owner adjacent to your State Highway 60 and County Road 38.5 facility. Additionally staff is receiving complaints from neighbors adjacent to the SH 52 facility, west of Fort Lutpon. As part of our due diligence, information obtained from your web page indicates that several of the services that A& W Water Service provides include "Primary services include oil field water hauling . . . ." The Weld County Code defines this activity as Oil and Gas Support and Service, which by definition includes: OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses whose primary activity includes the following kinds of USES: a. Parking and maintenance of exploration, production or workover equipment.. b. Equipment and storage yards for road and pipeline construction contractors, and production unit set-up and maintenance contractors. c. Parking and maintenance for tank and water service companies. d. Storage and rental yards for pipe and production equipment. e. Field OFFICES USED by production-related records and maintenance personnel. f. Disposal and recycling sites for production waste (except production water disposed through either SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection wells is exclusively via pipeline from the source and no on-site storage occurs), except businesses whose activities are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by other than company officials. g. 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. • Given the description of your business, it is the determination of the Department of Planning Services that a Site Specific Development Plan and Special Use Permit are required for both of your facilities. To • facilitate this discussion, this office requests that a Pre-Application Meeting be scheduled with County staff, i.e., Building, Environmental Health, Public Works and the Planning Department. The application for this meeting is included. This office further requests confirmation of this letter on or before Tuesday August 19, 2008. Failure to respond to this letter will result with the initiation of a land use violation and scheduling of a violation hearing before the Board of County Commissioners. It is important to state for the record that given the lack of response from Mr Wright of A&W Water Service, Inc., this letter has been forwarded to your attention. It is also important to state that County staff is available to assist you with the permitting process, including responses to questions and inquiries. Please contact this office with any questions or concerns. Thank you. Sincerely, Kim Ogl Planning Services enclosure ec: A. Siron, Code Compliance B.Salzman,Code Compliance T.Honn,Planning • Property Research PT NE4 31 4 66 Situs: 18515 60 HWY Parcel#105731000015 Lot A, RE 2526; PT NE4SE4 1-1-67 Improvements: 2 Commercial, 1 Outbuilding Situs:None Parcel#146901400034 • • Complete Production Services Rockies Division 3770 Puritan Way, Unit J Frederick, CO 80615 Complete Production Services 11700 Katy Freeway, Suite 300 Houston, TX 77079 • • A&W Water Service, Inc. - A Complete Energy Services Company Page 1 of 2 • An A • A Complete Energy Servic HOME WATER HAULING FRAC TANKS DRILLING RIGS PIPE YARD SERI A&W Water Service was started in 1954 by Charles Wright who worked the DJ Basin in Eastern Colorado and Nebraska for 50 years. vp.,..igiteuxr.twdeettikpir Gary Wright currently manages and oversees A&W's daily operations continuing his father's sLa' commitment of providing superb service and customer satisfaction. A&W Water has exceeded in developing reputable long lasting relationships with many• customers , through experienced personnel quality equipment and providing competitive pricing. With these attributes come the assurance of continued relationships with our customers and security for §.. our employees. +� Primary services include oil field water hauling, " 3`` frac tank rental, pipe trailer rental and flatbed hauling. A&W Water Service has its own , industrial water well and operates a pipe storage yard for customer convenience. We also supply KCL/Potash and Biocide for our customers. A&W is the hub for the CPS Service Center for the Rockies Division in the DJ Basin. A&W Water Service's fabrication facility installs water tanks and vacuum tanks on customer's vehicles and provides other custom fabrication work as needed. • Equipment includes 30 tractors, 56 water tankers, 16 bobtail water trucks, 11 winch trucks, over 300 frac tanks, 80 flatbed trailers and 3 http://www.awwaterservice.com/ 8/19/2008 A&W Water Service, Inc. - A Complete Energy Services Company Page 2 of 2 forklifts for pipe handling. Rental equipment • includes 10 - 2000 gallon water trucks. For more information please contact us at 303-659-6523 303-857-1638 Or email us at: info@awwaterservice.com • • http://www.awwaterservice.com/ 8/19/2008 A&W Water Service, Inc. - A Complete Energy Services Company Page 1 of 1 • ft F # '..r A Complete Energy Servic HOME WATER HAULING FRAC TANKS DRILLING RIGS PIPE YARD SER\ Developed in April 2006, with the goal of providing better maintenance, less downtime, and lower operating costs. It started by merging two maintenance facilities, A&W Water Service and LEED Energy. We began with twelve employees, and have grown to seventeen. We currently have two f facilities; with a combined square footage of 15,000 sf. for maintenance, and 2400 sf. for r,frw Pk warehouse. We maintain over 500 pieces of equipment, from small water pumps to large L t completion rigs. We also manufacture nw mud ,# tanks, mud pumps, water pump systems, and ? vac trucks. We currently stock over 3000 items. n ` ' We offer over 170 years combined experience for mechanics, 61 years welding, and 67 years - warehouse. df it http://www.awwaterservice.com/servicecenter.html 8/19/2008 DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'h Street, Greeley, CO 80631 Willi. Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: tit! ZONING CODE COMPLAINT ❑ StaffiName: V Citizcn ❑ Other: O HEALTH DEPARTMENT Citizen's Name(If known): o WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): O BUILDING CODE COMPLAINT O PUBLIC WORKS l PEST& WEEDS Date Complaint was received: Pending Case#(i.e.USR, RE, SE, ect...): Legal Description: k_ot- Pc P p -;5.21 p' Le-ifYtl Parcel#: A4(5\ CA"4 1...4:'l.tBA �ation Address: 1,�,, � y � `) Property Owners Name: A s Vl.( oeY �A-1 V\U2.t 11C. Phone: Mr .�— ^O Property Owners AddressTPD i�_)1 1 - bPV ��l l? I CO I l z-�- n Tenant's Name: Phone: g-13, env(( Pyre. kerkytcl, £O Z i7Zi Tenant's Address: NATURE OF COMPLAINT: Additional Notes: ilg)54t ry Y k 4\m 4-tw CA- C. it ? ti.D53J° I\e Jr entkLo , I N\-1/2-,..'Pi�ritet Ap Pt[Xttn&., •Z. y�mnau `� 1tiicrcrl �et III 'trim DK.I v-oat YI_A i U. jc' \-knA 7t n, 1 X ..T,U`ii : rI)''h 't Oii Q�! � 1_� {:- :1.VJ •�• ,ry t� . ` \` •• • 7 1 1 1 T�•. r , Y ♦ i�t 1 - t1J •i • • tcs .,, • r yl y'j+ ,- -• _ v`�-- •i } " r .- : 4'/ • • � ;, ,I . S iii i• / J •4k. e y • +.•:` Q. ` -, n '"• `j • i _ •PCI 1,�w��y,� I (jam .� �I• •l 1 •t. t -T -iRar �Yi.W�tYl ' tiO ` - `t-^. y •• , / ' C� A� '� •W - �' t , .lY� ., ` �J \- *TV � t/' 'tti • t .'4 . '` ?. 1. , I•}t •M E1 • w♦. '..].•‘19) •, -Pt w ♦ .� . t, •., • _ir 41 � � •@7. ° !♦I yr•. • - ;'ij• g�•. r j "lip 's i r. - ,�.,r } .-:t -,,,4• --C •• .r .a. 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