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HomeMy WebLinkAbout20090944.tiffINVENTORY OF ITEMS FOR CONSIDERATION • RppLLcawt DCP MCdstreaw&, LP Case Nuvwber 4 AnoRSR-552 submitted or Prepared Prior to Fteav�wq At I-tentiws 1 Staff Comments x ✓ Department of Planning Services Field Check Form Planning Commissioner Field Check Form Letter to Applicant './ Affadavit of sign posting Legal Notifications 2 Application x Maps ,. Deed/ Easement Certificate i Surrounding Property / Mineral Owners / Utilities i 3 Referral List x 4 Referrals without comment x -- Greeley Weld County Airport, referral dated December 29, 2008 /Weld County Code Compliance, referral dated November 6, 2008 './ West Greeley Soil Conservation District, referral dated November 10, 2008 v Colorado Division of Wildlife, referral dated November 12, 2008 v Weld County Sheriffs Office, referral dated November 13, 2008 North Weld County Water District, referral dated November 24, 2008 'City of Greeley, referral dated December 4, 2008 5 Referrals with comments X 7 Weld County Department of Public Works, referral dated December 3, 2008 / V Weld County Department of Public Health and Environment, referral dated December 5, 2008 ✓ Weld County Department of Building Inspection, referral dated November 25, 2008 2009-0944 • herebu certLfu that the 6 ltevv.s %dewtafed hereLLw were subwtLLtted to the nepart t&ewt of PLial/LVLLVL services at or prLor to the scheduled Plavwdo.g cove vvissiovers heariwg. .7 _ K%vv. Og`Se ❑ Plavtvter • • tot • WUD C. COLORADO Case Number: Applicant: Address: Request: Legal Description: Location: Size of Parcel 4th AmUSR-552 DCP Midstream, L.P. LAND USE APPLICATION SUMMARY SHEET Hearing Date: April 7, 2009 DCP Midstream, c/o Patrick Groom; Witwer, Oldenburg, Barry & Johnson LLP 822 7th Street Suite 760; Greeley, CO 80631 A Site Specific Development Plan and a Fourth Amended Special Review Permit for a Mineral Resource Development Facility for Oil and Gas Support and Service, including a Natural Gas Processing Facility in the A (Agricultural) Zone District Lot A and Lot B of RE -614 (located in part of the W2SE4) and a portion of a strip of land 150 feet wide, being 75 feet each side of centerline located in part of the W2SE4 both in Section 28, T6N, R65W and part of the E2SE4 in Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado 0.5 mile North of County Road 64; approximately 1/8 mile West of County Road 43. 160 +/- acres Area of USR: 10 Acres +/- Parcel Number: 0803 28 000062, 0803 28 000076; 0803 28 000077; 0803-28-0-00-0037 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: < Weld County Code Compliance, referral dated November 6, 2008 • West Greeley Soil Conservation District, referral dated November 10, 2008 • Colorado Division of Wildlife, referral dated November 12, 2008 < Weld County Sheriffs Office, referral dated November 13, 2008 • North Weld County Water District, referral dated November 24, 2008 • Weld County Department of Building Inspection, referral dated November 25, 2008 • Weld County Department of Public Works, referral dated December 3, 2008 • City of Greeley, referral dated December 4, 2008 • Weld County Department of Public Health and Environment, referral dated December 5, 2008 • Greeley Weld County Airport, referral dated December 29, 2008 The Department of Planning Services' staff has not received responses from the following agencies: • Town of Eaton • Union Pacific Railroad • Eaton Fire Protection District < State of Colorado, Oil and Gas Conservation Commission DCP MIDSTREAM, 4 AMUSR-552 LUCERNE GAS PLANT, PAGE 1 EXHIBIT 1 • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW • Inn COLORADO Case Number: 4th AmUSR-552 Hearing Date: April 7, 2009 Applicant: DCP Midstream, L.P. Address: DCP Midstream, c/o Patrick Groom; Witwer, Oldenburg, Barry & Johnson LLP 822 7th Street Suite 760; Greeley, CO 80631 Request: A Site Specific Development Plan and a Fourth Amended Special Review Permit for a Mineral Resource Development Facility for Oil and Gas Support and Service, including a Natural Gas Processing Facility in the A (Agricultural) Zone District Legal Description: Lot A and Lot B of RE -614 (located in part of the W2SE4) and a portion of a strip of land 150 feet wide, being 75 feet each side of centerline located in part of the W2SE4 both in Section 28, T6N, R65W and part of the E2SE4 in Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado Location: 0.5 mile North of County Road 64; approximately 1/8 mile West of County Road 43. Size of Parcel: 160 +/- acres Area of USR: 10 Acres +/- Parcel Number: 0803 28 000062, 0803 28 000076; 0803 28 000077; 0803-28-0-00-0037 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. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100.A (OG.Goal 1. ) states "Oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Further, Section 22-5-100.B (OG.Goal.2) states "The extraction of oil and gas resources should conserve the land and minimize the impact on surrounding land." The request for a Site Specific Development Plan and a DCP MIDSTREAM, 4 AMUSR-552 LUCERNE GAS PLANT, PAGE 2 • • Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural) Zone District is the fourth amendment to an existing permitted facility. The original USR was applied for by Colorado Gathering and Processing Company, in 1983. The application was for a natural gas processing plant and support facilities. The amended USR was applied for by Colorado Gathering and Processing Company, in 1986. The second amended USR was for upgrades to the existing facility. The third amendment addressed upgrades to the facility including a new compressor building to facilitate additional gas production growth without any disruption of service. The fourth amendment is for an expansion of the current facility necessitated by the need to move larger volumes of gas and enhance safety of the facility due to the recent increases in drilling activity and projected additional increases by DCP Midstream producer customers. 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 in the middle of the section adjacent to the vacated Union Pacific Railroad right-of-way. In all directions, agricultural lands dominate, including the new sugar beet dump for Western Sugar Cooperative, USR-1654. There are numerous oil and gas production facilities approximately one-half mile directly south of this facility. Operators include RA Resources, Inc., Prima Oil and Gas and Sunshine Valley Petroleum. All operators have at least one Use by Special Review permit in place. There are eight property owners within five hundred feet of this application, with the nearest residence being south of the proposed expansion. 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 existing site is within the three mile referral area of the City of Greeley and Town of Eaton. The City of Greeley in a referral dated December 4, 2008 stated they had reviewed the request and found no conflicts with their interests. The Town of Eaton did not respond to the referral request. E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The site is within the Airport Overlay District. The Greeley -Weld County Airport in a referral dated December 29, 2008 that they have no immediate concerns with the proposal, however, should any construction on site include tall structures, the Greeley -Weld County Airport requests that a Federal Aviation Administration 7460-1 airspace study be performed. 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 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. This facility is sited on an approximately 10 acre site within a 160 acre parcel adjacent to lands formerly utilized as a single track rail for the Union Pacific Railroad. 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 DCP MIDSTREAM, 4 AMUSR-552 LUCERNE GAS PLANT, PAGE 3 • 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 amended to delineate the following: 1) All sheets of the plat shall be labeled 4th AmUSR-552. (Department of Planning Services) 2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3) The attached Development Standards. (Department of Planning Services) 4) County Road 43 is designated on the Weld County Road Classification Plan as a major arterial road, which requires an 140 -foot right-of-way at full build out. There is presently sixty feet of right-of-way. A total of 70 feet from the centerline of County Road 43 shall be delineated on the plat as future right-of-way for future expansion of County Road 43. This road is maintained by Weld County. (Department of Public Works) 5) The screened trash enclosure for the facility. (Department of Planning Services) 6) A graphic key and or symbol serving to identify each component that is located within the USR Boundary. The key and corresponding component shall be summarized in tabular format and be clearly delineated on the plat. (Department of Planning Services) 7) The applicant shall delineate contours for the site and 200 feet offsite with a minimum of 2 -foot contour intervals. (Department of Public Works) 8) The applicant shall indicate specifically on the plat the type of right-of-way/easement that exists on the property. (Department of Public Works) D. The applicant shall submit a Final Drainage report stamped, signed, and dated by a professional engineer licensed in the State of Colorado is required and shall conform to Weld County CODE 24-7-130.D and Ordinance 2006-7. All offsite flows must be taken into account and routed through or around the site. If retention is proposed, a variance request must be sent to the County Engineer and the water must drain in 72 hours. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) E. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application to the Air Pollution Control Division, Colorado Department of DCP MIDSTREAM, 4 AMUSR-552 LUCERNE GAS PLANT, PAGE 4 • • Health and Environment. Alternatively, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) F. In the event the applicant intends to utilize the existing septic system at the control building and the number of employees using the septic system exceeds 6, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems 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 Regulations. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) G. Submit a dust abatement plan to the Environmental Health Services, Weld County Department of Public Health & Environment, for approval prior to operation. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) H. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) The applicant shall provide evidence of approval by the Department of Public Works concerning the existing access to the facility and storm water drainage as addressed in their memorandum dated December 3, 2008. Written evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Works) J. The applicant shall provide written evidence from the Department of Building Inspection of compliance with building permits issued by the Department of Building Inspection as outlined in their referral dated November 25, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) K. The approved Screening Plan, to address the outdoor storage of materials, including the fifty- five gallon barrels associated with this facility shall be screened from adjacent properties, including the public rights -of -way. (Department of Planning Services) The approved Lighting Plan, to address the facility lighting, including security lighting, operational lighting and emergency lighting. (Department of Planning Services) 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) DCP MIDSTREAM, 4 AMUSR-552 LUCERNE GAS PLANT, PAGE 5 • • 3. One month prior to Construction: A. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS 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. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) 4. 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 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) 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Fourth Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services) 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date of the Board of County Commissioners resolution a $50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) 7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) DCP MIDSTREAM, 4 AMUSR-552 LUCERNE GAS PLANT, PAGE 6 S SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DCP Midstream, L.P. - LUCERNE 4th AMUSR-552 1. The Site Specific Development Plan and Fourth Amended Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan" at all times. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the (Industrial) Zone District as delineated in 25-12-103, C.R.S. as amended. (Department of Public Health and Environment) 8. Adequate handwashing and toilet facilities shall be provided for employees. (Department of Public Health and Environment) 9. Adequate toilet facilities (portable toilets) shall be provided during the construction of the facility. (Department of Public Health and Environment) 10. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 11. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs). (Department of Public Health and Environment) 12. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 13. Any septic systems located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 14. The facility shall utilize the existing public water supply for drinking and sanitary purposes. (North Weld County Water District) (Department of Public Health and Environment) DCP MIDSTREAM, 4 AMUSR-552 LUCERNE GAS PLANT, PAGE 7 • 15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 17. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing a 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. The current codes are 2006 International and 2008 National Electrical Codes. (Department of Building Inspection) 18. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 19. Buildings shall conform to the requirements of the 2006 International Building, Mechanical, Plumbing and 2008 National Electrical Codes and Chapter 29 of the Weld County Code. (Department of Building Inspection) 20. Setback and offset distance shall be determined by the Weld County Code. (Department of Building Inspection) 21. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Fee Program. (Department of Planning Services) • • 22. 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) 23. The facility shall maintain compliance with the State of Colorado Air Pollution Control Division specific to the Federal mandated program addressing the Weld County Air Quality Containment Area at all times. (Department of Planning Services) 24. The facility shall comply with the Landscape and Screening Plan at all times. (Department of Planning Services) 25. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1 Lighting Standards of the Weld County Code. (Department of Planning Services) 26. 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) 27. 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) 28. 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) 29. 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 DCP MIDSTREAM, 4 AMUSR-552 LUCERNE GAS PLANT, PAGE 8 • • • 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) 30. 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) 31. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission (COGCC) rules and regulations including drill pad construction, storm water controls, and reclamation. (Department of Public Works) 32. Contact Amy Burry, Utility Coordinator for Weld County Public Works, at (970) 304-6496 ext. 3750 for a Right -of -Way permit for any work that may be required in the right-of-way on County Roads 35 & 38. A special transport permit will be required for any oversized or overweight vehicles that may access the site. (Department of Public Works) DCP MIDSTREAM, 4 AMUSR-552 LUCERNE GAS PLANT, PAGE 9 • at lURe COLORADO • • January 23, 2009 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 DCP Midstream, LP do Joe Kuchinski 1324 N 7th Av Greeley CO 80631 Subject: 4'h AmUSR-552- A Site Specific Development Plan and Fourth Amended Use by Special Review Permit for a Mineral Resource Development Facility for Oil and Gas Support and Service, including a Natural Gas Processing Facility, in the A (Agricultural) Zone District on a parcel of land described as Lot A and B of RE - 614 (located in part of the W2SE4) and a portion of a strip of land 150 feet wide, being 75 feet each side of centerline located in part of the W2SE4 both in Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 3, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, North Weld Planning Department, 918 10th Street, Greeley, Colorado. A subsequent hearing will be held on March 18, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10" 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 packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. espkctfully, gle Planner • • pig, W1�YG COLORADO December 22, 2008 Mr. Patrick Groom Witwer, Oldenburg, Barry and Johnson, LLP 822 Seventh Street, Suite 760 Greeley, Colorado 80631-3943 DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 Subject: DCP Midstream, 3 AmUSR-542 Mewbourn and 4 AmUSR-552 Lucerne Dear Patrick: The Department of Planning Services has attached two copies of the referrals and Preliminary Comments for the above referenced cases for review by Paul and Joe and yourself prior to scheduling the Planning Commissioners hearing. Please review, discuss and notify this office of your concerns, if any. Prior to the hearing staff desires to meet with you and your client to discuss the referral issues and attempt to reach resolution to the concerns prior to the presently unscheduled hearing. Should you have any questions, please do not hesitate to contact me. ince Ki Plan ing Services pc: Case File 3AmUSR-542 Case File 4AmUSR-552 • • • • • November 5, 2008 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 DCP Midstream, LP c/o Joe Kuchinski 1324 N 7th Av Greeley CO 80631 Subject: 4th AmUSR-552- Request for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility for Oil and Gas Support and Service, including a Natural Gas Processing Facility in the A (Agricultural) Zone District on a parcel of land described as Lot A and B of RE -614 (located in part of the W2SE4) and a portion of a strip of land 150 feet wide, being 75 feet each side of centerline located in part of the W2SE4 both in Section 28, T6N, R65W 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 Greeley Planning Commission for their review and comments. Please call Greeley at 970-350-9770 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 Greeley 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, Kim Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE • • • THE LAST DAY TO POST THE SIGN IS MARCH 27, 2009 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 FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A FOURTH AMENDED SPECIAL REVIEW PERMIT FORA MINERAL RESOURCE DEVELOPMENT FACILITY FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING A NATURAL GAS PROCESSING FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscrib WITNESS my hand and official seal. Notary Public My Commission Expires: KIM OGLE Name of Person Posting Sign Sign ure of Person Posting Sign e that/le/lay ay of kis 1 , 2009. APublic Hearing Concerning filS PROPERTY Will be Held at: Greeley Planning Office 918 Tenth Street Greeley, CO Pkt.Pmv. 1 201W ; at: 1:30 P.M. Ably\ V fClit 1:41 4uV GAS ScJPAowT -t VkCIE MiChirrf G►AS PR.�T��fti�.Yy )R FURTHER INFORMATION PLEASE CON 970-353-6100 ext e Number4hJ 1%2 Acres: ‘64,1 -3 FIELD CHECK CASE NUMBER: 49' AmUSR-552 DATE OF INSPECTION: // 10' O8 • • • APPLICANT'S NAME: Duke Energy Field Services PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility for Oil and Gas Support and Service, including a Natural Gas Processing Facility in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot A and B of RE -614 (located in part of the W2SE4) and a portion of a strip of land 150 feet wide, being 75 feet each side of centerline located in part of the W2SE4 both in Section 28, T6N, R65Wof the 6th P.M., Weld County, Colorado. LOCATION: /2 mile north of CR 64; approximately 1/8 mile west of CR 43. LAND USE: N Gael- dung, / -rte-r, y,c,,, E Faro" 3: owns / 0,4, n7+)e S ew. 114\7 <.h. tA/ ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: WC?. -,�vEd Li- air)co vl 1 u l cols rect./0 LU en /re 'i c aC - ;-'Icrea'cri i'('N..1(. Frit1'1,c. 111:1 O irti C r c. O :\ c r r v rck+ ft/de P.C. ember • • • FIELD CHECK inspection date: December 23, 2008 Applicant: DCP Midstream Address: do Patrick Groom; Witwer, Oldenburg, Barry & Johnson LLP 822 7th Street Suite 760; Greeley, CO 80631 Request: Request for a Site Specific Development Plan and 4th Amended Special Review Permit for a Mineral Resource Development Facility for Oil and Gas Support and Service, including a Natural Gas Processing Facility in the A (Agricultural) Zone District Legal Description: Lot A and Lot B of RE -614 (located in part of the W2SE4) and a portion of a strip of land 150 feet wide, being 75 feet each side of centerline located in part of the W2SE4 both in Section 28, T6N, R65W and part of the E2SE4 in Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado Location: 1/2 mile north of County Road 64; approximately 1/8 mile west of County Road 43. Zoning Land Use N I A (Agricultural) N Agricultural Sugar Beet Dump USR-1654 E A (Agricultural) E Agricultural CAFO, SUP -172 S A (Agricultural) S Agricultural / Residential W A (Agricultural) W Agricultural / Residential COMMENTS: Property is a 10 acre parcel in the middle of the section. The facility is surrounded by agricultural fields and oil and gas encumbrances. Western Sugar Coop operates a sugar beet dump to the North of the facility [USR-1654]; and there is a confined animal feeding operation to the East of this expansion permitted under SUP -172. County Road 41 and County Road 43 are north -south oriented paved roads. County Road 64, A. Street and County Road 66 are the east -west oriented paved roads. Access is from a former railroad right-of- way that bisects the section between County Roads 41 and 43, . mile north of County Road 64. SH 85 is approximately one mile west of County Road 41. The facility is north of the Greeley Corporate Limits. Kim(OaleJ. Planner Hello