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HomeMy WebLinkAbout20090929.tiffINVENTORY OF ITEMS FOR CONSIDERATION RppLicawt -CP MLdstreava. - Mewbourw Case Nut/Aber 3v' Avul/LSR54-2 Subvuitted or Prepared PrLor to At Pearl, - FtearLVL2 4 1 Staff Covvaakewts X V nepartw,ev&t of PLawwLwg services ELeLd check Forvu, x 1/ PLawwLw0 CovrtvvbSSLower PLeld Check Forvt, dated 12-23-2002 X ;'" Letter to ApplLeawt, dated October 10, 2002 X V AffadavLt of 1LGvtpostLv*j `7Leo2L NotLfcatLots X 2 AppLLcatLow X ,/ Maps need/ EaSev&ev-t cer±L fteate ✓ Surrouvtdwtg Property / ML.weral Owvvers I/ ettattCes 3 Referral List X Referrals without covwvkewt I -d`' weLd Sheriff referral dated 10-20-2002 i/West Greeley Soil eo tservatLow District, referral dated 10-21-2002 IX PLatLe valley soil cowservatLow nistrLet referral dated 11-13-2002 Y eoLorado nivLsLow of wildlife, referral dated 11-14-2002 4 Referrals with eovu.vttewts x XCode CovttplLawce, referral dated 10-15-2002 0 PlattevLLLe-GLLGrest FL re mLstyLct referral dated 11-11-2002 U weld. couwty Public Works, referral dater, 11-17-2002 ✓ weld Couv.ty Public Health Pj EwvLrowvine t, referral dated 11-25-2002 Vt weld co t tty guLldiw lids-peat/too., referral dated 11-25-2002 vLLd r22-1 2 (Litt e4:,e1:ZatCt) i 5 Soil Survey EXHIBIT 2009-0929 • • • & Correspo wdewce v Letter of objectiow Kerr-Mcc ee crotherivi.g LLC, dated 2-24-2009 X fr Electrowic Mail fret/Pk Kerr-McGee %atheving LLC, dated 2-25-200_9 x wetter of Objectiow, Rittz Mareheiw., dated 2-27-200_9 X 'X Electrowi.c Mail fro Kerr-Mc4iee Ciatherivtg LLC„ dated 3-1-2009 X 0( Letter of objectl,ow Kerr-MoC1ee Cratheriwg LLG, dated 3-3-2009 X Plawwi,wg Covuwussiow Mevuorawduw&, rectuestiwg cowtiwuawce from. March 3, 2009 to Apra 3 2009 for lock of MCweral Notice(fikQQs f:.[C C X amt) "Y Letter frovu wLtwer, Oldev.burg, $a rrul Johwsow, LLP dated 2-23-2009 reotuestiwg cowtiwuai&ce from. March 3, 2009 to April 7, 200_9(0 Lars &cc X Ex ii0 / Letter Ivory Kerr-McGCa ee thLc eriwg L, withdrawiw@ objectiow, dated 3-10-2009 x / Proposed Map 1 - Avuewded site Play., Plawt La Juout X V f srd Inze 2. Chitthil St, Plw,, Ant- izujc.,1 wl -( ho7u _'._, _&••_ x tC Exhibits (1-,E &a' i utntry of EX�,�� wwat w " uLne) ,A Letter of withdrawiwg objectiow, Rick. Margheiw,, dated 4-6-2009 (E .&) J( ACP Plat avu.ew,dvuewt dated April 14, 200) ( Ex. F) herebuu certifu� that the 7 items idewti fied hereiw were subvuitted to the Aepartvuewt of Plawwiwg serdlces at orprior to the scheduled Plawwiwg Cov✓Lvutissiowers heariwg. KL& 6c Le ❑ Plawwer • ‘atri W1`Dc COLORADO • LAND USE APPLICATION SUMMARY SHEET PRELIMINARY Case Hearing Date: March 3, 2009, cont. Number: 3rdAmUSR-542 April 7, 2009 Applicant: Duke Energy 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 Third Amended Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (Oil and Gas Processing Facility) in the A (Agricultural) Zone District Legal Description: Part of the SE4 and more particularly described as Lot B of Corrected Recorded Exemption Number RE -3203 of Section 35, T4N, R66W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 38; west of and adjacent to CR 35 Size of Parcel: 83.17 +/- acres; Area encumbered by USR: 10.5 +/- acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: V V V y V V V V A Weld County Code Compliance, referral dated 10.15.2008 Weld County Sheriffs Office, referral dated 10.20.2008 West Greeley Soil Conservation District. referral dated 10.21.2008 Platteville Fire Protection District, referral dated 11.11.2008 Platte Valley Soil Conservation District, referral dated 11.13.2008 State of Colorado, Division of Wildlife, referral dated 11.14.2008 Weld County Department of Public Works, referral dated 11.17.2008 Weld County Department of Building Inspection, referral dated 11.25.2008 Weld County Department of Public Health and Environment, referral dated 12.5.2008 The Department of Planning Services' staff has not received responses from the following agencies: ✓ State of Colorado, Oil & Gas Conservation Commission • Platte Valley Canal #3 Ditch Company ➢ Central Weld County Water District • Town of Gilcrest 3AMUSR-542 DCP MIDSTREAM MEWBOURN GAS PLANT, PAGE 1 EXHIBIT • 46itr COLORADO • Planner: Kim Ogle SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Case Hearing Date: Number: 3rdAmUSR-542 Applicant: Duke Energy Address: DCP Midstream, do Patrick Groom; Witwer, Oldenburg, Barry & Johnson LLP 822 7th Street Suite 760; Greeley, CO 80631 Request: A Site Specific Development Plan and Third Amended Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (Oil and Gas Processing Facility) in the A (Agricultural) Zone District Legal Description: Part of the SE4 and more particularly described as Lot B of Corrected Recorded Exemption Number RE -3203 of Section 35, T4N, R66W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 38; west of and adjacent to CR 35 Size of Parcel: 83.17 +/- acres; Area encumbered by USR: 10.5 +/- acres Parcel Number: 1057 35 400008 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100.A (OG.Goal 1. ) states "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 Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural) Zone District is the Third amendment to an existing permitted facility. The original USR was applied for by Associated Natural Gas Incorporated, 3AMUSR-542 DCP MIDSTREAM MEWBOURN GAS PLANT, PAGE 2 • • • in 1983. The application was for a natural gas processing plant and support facilities. The amended USR was applied for by Associated Natural Gas Incorporated, in 1985. The application was for upgrades to the existing facility. The second amended application served as a baseline for future improvements to the site, including upgrades to the facility and due to a change in ownership of the facility. This Third 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 property slopes gradually to the north with no significant topographical change. To the north is the Platte Valley Canal and agricultural lands; to the east, west and south are also agricultural lands. Several USRs are in the general vicinity of this facility. To the south at the intersection of County Roads 40 and 35 is an oil and gas equipment storage facility for Snyder Oil Corporation (USR-1018); to the west connecting into this facility is a ten (10) inch gas line for Western Gas Supply Company (USR-958) and '/z mile to the east is compressor station permitted for Panhandle Eastern Pipeline (SUP -355). There are four property owners within five hundred feet of this facility. The nearest residence is to the southwest of the facility. 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 Town of Gilcrest. The Town of Gilcrest did not return a referral. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The existing site is within the County -wide Road Impact Fee Area. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the County Wide Road Impact Fee Program. 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) 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 was acquired by the Duke Energy Field Services Division in 1983. Previous to this acquisition the facility was permitted and operated by Associated Natural Gas Incorporated for approximately twenty years. 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. 3AMUSR-542 DCP MIDSTREAM MEWBOURN GAS PLANT, PAGE 3 • • • 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 pages of the plat shall be labeled 3rdAmUSR-542 (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) 4) The attached Development Standards. (Department of Planning Services) 5) The approved Screening Plan, to address the outdoor storage of materials associated with this facility shall be screened from adjacent properties, including the public rights -of -way. (Department of Planning Services) 6) County Road 35 and County Road 40 are designated on the Weld County Roadway Classification Plan in the County Wide Impact Fee Code Ordinance, Section 20-1- 30, as local roads, which require sixty feet of right-of-way at full build out. There is presently sixty feet of right-of-way. A total of thirty feet from the centerline of County Road 35 and County Road 40 shall be delineated on the plat. These roads are maintained by Weld County. (Department of Public Works) 7) County Road 38, Section Line Access: to determine if a road right-of-way exists along the section line, determine the land patent date. Weld County may, if approved by the BOCC, grant a Nonexclusive License Agreement for the upgrade and maintenance of private improvement within this right-of-way. (Department of Public Works) 8) The application and the aerial view reflect two existing accesses to the facility. The main access point from County Road 35 accommodates ingress and egress access. The secondary access located at the south corner of the proposed USR shall be utilized for emergency access purposes only. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. (Department of Public Works) 9) The access width shall be a minimum of 30 feet and radiuses for the drive shall be 60 feet to accommodate large trucks. (Department of Public Works) 10) The accesses to County Road 35 shall be an all-weather surface that shall extend into the site a minimum of 100 feet with adequate width to accommodate two-way traffic. (Department of Public Works) 11) The internal roads shall enter onto County Road 35 at a 90° angle, for a minimum of one vehicle length to provide adequate sight distance in both directions. (Department of Public Works) 12) Public Works requires that an access point to a road is a minimum of 75 feet from access points to adjacent parcels and a minimum distance of 150 feet from intersections of county or state roadways. (Department of Public Works) 3AMUSR-542 DCP MIDSTREAM MEWBOURN GAS PLANT, PAGE 4 • • • 13) The screened trash enclosure for the facility, including an enclosure for the miscellaneous materials utilized for maintenance and operations. (Department of Planning Services) 14) The location of all on -site lighting. Department of Planning Services) D. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) E. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) F. The septic system serving the office, (septic permit # G830182) was designed to serve 2 persons per day. The application materials indicate that five persons per day will we utilize the site. Therefore, the existing 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. 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) H. The applicant shall provide written evidence of approval by the Platteville-Gilcrest Fire Protection District as stated in their referral dated November 11, 2008, specific to new structures, fire flow, access to facility and related items, to the Weld County Department of Planning Services. (Platteville-Gilcrest Fire Protection District) The applicant shall provide written evidence from the Department of Building Inspection of compliance with building permits 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) J. The approved Lighting Plan, to address the facility lighting, including security lighting, operational lighting and emergency lighting. (Department of Planning Services) 3AMUSR-542 DCP MIDSTREAM MEWBOURN GAS PLANT, PAGE 5 K. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. 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. Prior to the Certificate of Occupancy: A. An individual sewage disposal system is -required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Third 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 mapsco.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) 3AMUSR-542 DCP MIDSTREAM MEWBOURN GAS PLANT, PAGE 6 • • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DUKE ENERGY - MEWBOURN FACILITY 3rd AMUSR-542 1. The Site Specific Development Plan and Third Amended Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (Oil and 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., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions.(Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 7. Fugitive dust and fugitive particulate emissions 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) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 9. Adequate drimking, handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 10. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 11. Adequate toilet facilities (port -a -potty) shall be provided during the construction of the facility. (Department of Public Health and Environment) 12. The facility shall utilize the existing public water supply. (Central Weld County Water District) (Department of Public Health and Environment) 13. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department 3AMUSR-542 DCP MIDSTREAM MEWBOURN GAS PLANT, PAGE 7 • S of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 16. A building permit 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) 17. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 18. Setback and offset distance shall be determined by the Weld County Code. (Department of Building Inspection) 19. Buildings shall conform to the requirements of the 2006 International Building, Residential, Mechanical, Fuel Gas, and Energy Conservation Codes and the 2008 National Electrical Codes and Chapter 23 of the Weld County Code. (Department of Building Inspection) 20. A letter from the Platteville-Gilcrest Fire Protection District is required prior to submittal of plans for review. (Department of Building Inspection) 21. Building height, wall and opening protection and limitations and separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. Offset and setback distances are measured from the farthest projection from the building. (Department of Building Inspection) 22. The off-street parking spaces including the access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 23. The owner of the property shall pay for materials and the cost of installation for new road access culverts whenever the installation of a culvert is made necessary by the creation of a new access from private property to a County road, by any alteration of the natural flow of water across private property by the owner, or for any other reason created by any owner of private property. The culvert size will be determined in accordance with standards engineering practices. The property owner shall be responsible for cleaning the borrow ditch to the extent required to accommodate the road access culvert and insuring proper drainage. (Department of Public Works) 24. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 25. The applicant is required to comply with all Colorado Department of Health and Environment, Water Quality Control Division regulations regarding storm water quality permitting and protection and construction storm water discharges. (Department of Public Works) 26. 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) 3AMUSR-542 DCP MIDSTREAM MEWBOURN GAS PLANT, PAGE 8 • • • 27. 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) 28. 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) 29. 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) 30. 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) 31. 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) 32. 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) 33. 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) 34. 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) 35. 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) 3AMUSR-542 DCP MIDSTREAM W1�Yc • at 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 c/o Joe Kuchinski 1324N7th Av Greeley CO 80631 Subject: 3'° AmUSR-542- A Site Specific Development and Third Amended Use by Special Review for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility (oil and gas processing facility) in the A (Agricultural) Zone District on a parcel of land described as Part of the SE4 and more particularly described as Lot B of Corrected RE -3203 of Section 35, T4N, R66W 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 28, 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 of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the packets one week priortothe scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. espectful ly, its Kim Ogle Planner October 16, 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 do Joe Kuchinski 1324 N 7th Av Greeley CO 80631 Subject: 3'° AmUSR-542- Request for a Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (Oil and Gas Processing Facility) in the A (Agricultural) Zone District on a parcel of land described as Part of the SE4 and more particularly described as Lot B of Corrected Recorded Exemption Number RE -3203 of Section 35, 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 Planning Commission for their review and comments. Please call Gilcrest at 970-737-2426 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 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, Otililtticl v er Kim Ogle 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 THIRD AMENDED SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OIL AND GAS PROCESSING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT. STATE OF COLORADO COUNTY OF WELD The foregoing instrument was sub WITNESS my hand and official My Commission Expires: ) ss. ' .O±CO` • C KIM OGLE Name of Person Posting Sign Signature of Person Posting Sign to me this"6/ day of ltJ Oh 2009. A P.blic Tearing Concerning THIS PROPERTY Will be Held at Greeley Plane Office 9'18 Tert Street Greeley, Applicant: E)CP t\MCP*VaGANN p Case Number&Witract. PAIL Acres: I0 FOR FURTHER INFORMATION PLEASE CONTACT 04PLE AT 970-353-6100 ext 1 I • • • • • 1 I • • r 1 r } A 1 I 1C i I it t 4 r i I i 1 1 1 r pi 1 I ' I I • t I' • ,p r I) 1 1 • 0 r 1 r a, • • 1 4 FIELD CHECK CASE NUMBER: 4t° AmUSR-552 DATE OF INSPECTION: // - (0- 03 • • • 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: 'A mile north of CR 64; approximately 1/8 mile west of CR 43. LAND USE: N Seer ciu.rnr / ^ern .14 E fads,- J. Urou�� 'i ��^�„-!� 4 rM1+)G f L ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: r rLA Wty.. 43 , IA., Cy-t1CV. 'i- r,v,:d by, I- '.�, r /i/,it i' :-, iv cr1 4-r k, .,k, - -:'rw '.4 . / P.C. ember • • • FIELD CHECK inspection date: December 21, 2008 CASE NUMBER: APPLICANT: 3rdAmUSR-542 DCP Midstream, do Patrick Groom; Witwer, Oldenburg, Barry & Johnson LLP, 822 7th Street Suite 760; Greeley, CO 80631 LEGAL DESCRIPTION: Pad of the SE4 of Section 35, T4N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: South of CR 40; west of and adjacent to CR 35 Zoning Land Use N A (Agricultural) N Agricultural / Rural Residential E A (Agricultural) E Agricultural / Rural Residential S A (Agricultural) S Agricultural / Oil and Gas — Noble & Oneok W A (Agricultural) W Agricultural / Rural Residential COMMENTS: CR 35 is a two lane all-weather gravel road. Facility is sited near crest of hill. Access drive is gravel and pitched to drain. The facility is surrounded by a chain link fence material with three strand barb wire security fence on top. Two points of ingress and egress are present, both flanking CR 35. Several man -doors are visible. To the west is a baffle/ fence that is opaque and several feet in height. The yard is lighted with overhead halogen lights on poles. There are several blinking operational lights associated with the facility located on site. Auditory level of disturbance is a lower frequency blowing air noise.. There is an office that appears to be manned. Materials utilized in the maintenance and operation of this facility are located west of CR 35 and towards the southern end of the fenced service yard. Power is overhead on poles, west side of road. Telephone is underground in same location. Duke Energy underground pipeline is also located in this area. Water District line is underground on east side of CR 35. There is one residence in the immediate vicinity, located to the northwest of the facility. The access drive to this residence is adjacent to the north property line of the facility. The expansion area is to the south of the plant away from all residential properties. In general, area is predominately agricultural in character with numerous oil and gas appurtenances in all directions. I y Kim Ogle, Planner Hello