HomeMy WebLinkAbout20082552.tiff Weld County Planning Department
GREELEY OFFICE
• al-He MEMORANDUM AIJG 1 s nnA
TO: Jacqueline Hatch, Planning Services RECEIVED
' FROM: Lauren Light, Environmental Health
SUBJECT:USR-1666 Milky Way Owners Association Inc. do Kerr
O McGee Oil and Gas Onshore LP
• DATE: AUGUST 12, 2008
COLORADO
Environmental Health Services has reviewed this proposal for an oil and gas production facility.
The dust abatement plan submitted with the application is sufficient. We have no objections to
the proposal; however, we do recommend that the following conditions be part of any approval:
We recommend that the following requirement be incorporated into the permit as a condition
that must be met 45 days after first production:
1. The applicant shall submit evidence of an Air Pollution Emission Notice (APEN)
application from the Air Pollution Control Division, Colorado Department of Health and
Environment. Alternately, the applicant can provide evidence from the APCD that they
are not subject to these requirements.
• We recommend that the following requirements be incorporated into the permit as development
standards:
1. 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.
2. 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.
3. 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.
4. 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.
5. The operation shall comply with all applicable State noise statutes and/or regulations.
6. Adequate toilet facilities (portable toilets) shall be provided during drilling/construction.
• y EXHIBIT
S 5� 2008-2552
7. Bottled water shall be utilized for drinking and hand washing during drilling/construction.
• 8. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division.
9. The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code.
•
•
2
STATE OF COLORADO
LO�RM\
Bill Ritter,Jr.,Governor
DEPARTMENT OF NATURAL RESOURCES Gil?,
• DIVISION OF WILDLIFE ire%V -
AN EQUAL OPPORTUNITY EMPLOYER SO�V° rO 4�
Thomas
Broadway Remington, Director UT S,,we,606 For Wildlife-
Denver, �Colorado 80216 ^ 190C�7 'alp/Na/2S7 For People
Telephone: (303)297-1192 /+ Q 00!
wildlife.state.co.us CF 0
August 9, 2008 �ie^O
Jacqueline Hatch `c
Weld County Planning Department
4209 CR 24.5
Longmont, CO 80504
RE: USR-1666
Dear Ms Hatch:
The Colorado Division of Wildlife(DOW)has reviewed the applicant's request for a site specific development
plan and a special review permit for an oil and gas production facility in Western Dairyman. District Wildlife
Manager Jason Duetsch visited the site located on approximately 7.47 acres southwest of the intersection of Hwy
119 and CR 7.5 on November 24th,2007 at 8:15 a.m. for a site visit regarding associated case number AMSPR-
366. General observations included: a very large active black-tailed prairie dog colony covering the entire site
(minus ponds and creek), a pair of coyotes hunting prairie dogs on the site for over 10 minutes as well as many
• cottonwood trees along Idaho creek and the existing ponds.
Under current land use conditions, one may find a variety of mammals including,but not limited to: white-tail
deer,coyotes, red foxes,raccoons, rabbits, Preble's meadow jumping mouse and black-tailed prairie dogs. The
area is also typical habitat for avian species including, but not limited to: songbirds and raptors including bald
eagles,red-tailed hawks and American kestrels. Native small fish which are considered species of concern by the
State of Colorado occur within the lower St.Vrain River drainage, and could conceivably be found in this stretch
of Idaho Creek as well. Based on potential for use of the site by the following species, DOW would recommend:
Preble's Meadow Jumping Mouse (PMJM)
Work impacting potential PMJM habitat should only proceed after the site has been surveyed and cleared, using
accepted protocols,to make certain that this species is not present. Should PMJM be discovered on site, the
United States Fish and Wildlife Service(USFWS)should be consulted for direction before construction
commences. This state and federally listed threatened species may occur in low elevation riparian habitat found
along Front Range streams. The DOW would recommend that if at all possible,development near potential
PMJM habitat should avoid alteration or degradation of intact low elevation, cottonwood-willow riparian habitat.
Bald Eagle
It is recommended that all cottonwood trees on site remain undisturbed. The DOW has documented bald eagle
activity near Boulder Creek and St.Vrain Creek within 0.9 miles of this site. Eagle use includes a large
communal roost site,other roost sites, summer and winter hunting areas, and a winter concentration area.
• Burrowing Owl-Prairie Dogs
DEPARTMENT OF NATURAL RESOURCES,Harris D.Sherman,Executive Director
WILDLIFE COMMISSION,Robert Bray,Chair•Brad Coors,Vice Chair•Tim Glenn,Secretary
If possible, construction in and around prairie dog colonies should be sequenced to avoid critical nesting periods
for Burrowing Owls. If it should be necessary to break ground during the critical nesting periods for Burrowing
• Owls, impacted prairie dog towns should be surveyed for Burrowing Owls by a biologist certified for such work
prior to onset of construction. If owls are found to occupy the site,the active burrows should be protected as
specified by accepted guidelines. The Division of Wildlife can provide specifics upon request.
Prairie dog removal on this site should be required prior to development or construction work begins.
Trapping/transplant efforts or euthanasia are legal options that may be used. Bulldozing active prairie dog
colonies is not an acceptable method of removal. Euthanasia of prairie dogs must occur with the use of approved
toxicants applied according to labeling restrictions. Live trapping/transplant of prairie dogs requires permitting
with prior approval of the DOW and may require approval from the county commission. Prairie dogs are an
important food source for hawks, eagles and coyotes and prairie dog eradication may negatively impact these
species.
Burrowing Owls are listed as a Colorado Threatened Species,and are also protected by the USFWS under the
Migratory Bird Treaty Act. They rely on prairie dog burrows and towns as critical nesting habitat. The critical
nesting period for Burrowing Owls occurs between March 1 and October 31. When confronted with human
disturbance near nest sites, Burrowing Owls abandon the nest. Efforts to relocate nesting owls have generally
proven to be ineffective.
Concerns regarding Construction Equipment
Noxious weeds reduce wildlife habitat quality,and care should be taken to avoid spreading and introducing
noxious weeds. Equipment should be cleaned periodically to remove weed seeds even if no weeds are observed.
The area should be promptly re-vegetated using species suitable for the site to prevent erosion and invasions by
weeds. Seed mixtures should contain several species of grasses, legumes and forbs to provide site heterogeneity
after the stand is established. It is also recommended that a weed management plan be developed for construction
• and for at least 5 years after construction.
Aquatic Invasive Species
If heavy equipment is acquired that was previously working in another stream,river, lake, pond,or wetland within
10 days of working on this project,one of the following disinfection practices is necessary prior to construction to
prevent the spread of New Zealand Mud Snails and other aquatic hitchhikers into this drainage. These practices
are also necessary after project completion,prior to this equipment being used in another stream, river, lake, pond,
or wetland, for the same purpose:
• Remove all mud and debris from equipment(tracks,turrets, buckets,drags,teeth,etc.)and the
equipment must be kept dry for 10 days OR
• Remove all mud and debris from equipment(tracks,turrets,buckets,drags,teeth,etc.)and spray/soak
equipment with a 1:1 solution of Formula 409 Household Cleaner and water or a 1:15 solution of
Sparquat institutional cleaner and water. Keep equipment moist for at least 10 minutes OR
• Remove all mud and debris from equipment(tracks,turrets, buckets,drags,teeth,etc.)and spray/soak
equipment with water greater than 130 degrees F for at least 10 minutes.
• Clean hand tools,boots, and any other equipment that will be used in the water using one of the above
options as well.
Thank you for the opportunity to comment. If you need anything further, please contact Jason Duetsch at(970)
472-4471.
Sincerely,
• Larry Rogstad, Area Wildlife Manager
CC: M. Konishi, S. Yamashita, K. Green, L. Rogstad,J. Duetsch, M. Federico,Area 2 file
WeAd /III
• fa � ci;Nio)
Weld County Referral
WeysoUtk: ninR oep
1 2008:2 °t14'
L ON
COLORADO c�aU 15 ,
&en4T
The Weld County Department of Planning Services has received the following item for review: csecgbc
Applicant Milky Way Owners Case Number USR-1666
Association Inc
do Marvin Dyer
do Joseph Lorenzo with Kerr
McGee Oil and Gas Onshore
LP
Please Reply By August 14, 2008 Planner Jacqueline Hatch
Project A Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Production Facility in Western Dairymen.
Legal Open space lot within Western Dairymen Cooperative being part of NE4 NW4 of
Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado.
• Location West of CR 7.5 and South of State Highway 119.
Parcel Number 1313 10 219002
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
because
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments: ( Dar has n0 Issues WtW Mt kyi9 -IOW) {C5Lktt
of +his deAOOopn-c' + . Ho.zice Curinct dr% x'1.9
?halt, O1 -kv projc41 if lag mcszss ,r1/4.1 G r i
Signature ( �1 1/44..0 _ Date -7 I u v2)
• Agency CJ )UT YVt( 5 6 I
+Weld County Planning Dept. +4209 CR 24.5, LongmonLC0.80504 +(720)652-4210 ext.8730 720)61 52-4211 ax
e P P I i c a.vl+ -4-O he v.2�. ^-h^'a Fi c, co v�-�Y-o 1 +0 jut 7V\"'"-i�'�'�2'vl
\v t aAct 0,4 c-C kv& 5i* td 5+4 in.I.
q,NT of
• �%,g� M °tom DEPARTMENT OF THE ARMY
ye CORPS OF ENGINEERS,OMAHA DISTRICT
I�'I ?. F..'.- i� DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD
LITTLETON,COLORADO 80128-6901
�519!l5 U1 PM,P
July 17, 2008 weld ConMY Plann•
Ms. Jacqueline Hatch SOUTfWEST Buie�Qparhneat
Weld County Planning Dept. IDING
4209 CR 24.5 'EA. 2 7 2008
Longmont, CO 80504 RECEIvc
RE: Milky Way Owners Association Inc., Case No.USR-1666 `D
Corps File No.NWO-2008-1853-DEN
Dear Ms. Hatch:
Reference is made to the above-mentioned project located in the NW ''A of Section 10, T2N,
R68W, Weld County, Colorado.
If any work associated with this project requires the placement of dredged or fill material, and
any excavation associated with a dredged or fill project, either temporary or permanent, in an aquatic
site, which may include ephemeral and perennial streams, wetlands, lakes,ponds, drainage ditches and
irrigation ditches, this office should be notified by a proponent of the project for Department of the Army
permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act.
• Work in an aquatic site should be shown on a map identifying the Quarter Section, Township,
Range and County of the work and the dimensions of work in each area. Any loss of an aquatic site may
require mitigation. Mitigation requirements will be determined during the Department of the Army
permitting review.
If there are any questions call Mr. Terry McKee of my office at 303-979-4120 and reference
Corps File No.NWO-2008-1853-DEN.
Sincerely,
Timo y T. Car=�
Chief, nver 'egulatory Iffice
tm
•
07/22/2008 TUE 15: 02 FAX 3038333817 Town of Frederick ®001/001
• o � Weld County Referral
RECEIVED
July 14, zoos JUL 1 5:2008
COLORADO TOWN OF FREDERICK
The Weld County Department of Planning Services has received the following Item for review:
Applicant Milky Way Owners Case Number USR-1666
Association Inc
c/o Marvin Dyer
c/o Joseph Lorenzo with Kerr
McGee Oil and Gas Onshore
LP
Please Reply By August 14, 2008 Planner Jacqueline Hatch
Project A Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Production Facility in Western Dairymen.
Legal Open space lot within Western Dairymen Cooperative being part of NE4 NW4 of
Section 10,T2N, R68W of the 6th P.M.,Weld County, Colorado.
• Location ', West of CR 7.5 and South of State Highway 119.
Parcel Number 1313 10 219002
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
We have reviewed the request and find that it d comply with our Comprehensive Plan jtv,can
becauseUP01-t- 1mpu*ICm ixx.1 tt Gup40rhorSS — SCE 15bZovJ.
O We have reviewed the request and find no conflicts with our interests. , I
❑ See attached letter. S .4 •nr °
Comments:Tic t,Ja...A AIZE W 1'tFhnt -kW Toaras at.hrluuJ4 441aa- /tnQh!) oc
{bZ tU2Aa-. YBiIOa.rrat- OM% WAIL Crveiv plea. 'fl.evEo waM. ane:np it Mit+-Nang Qet TemeJt*
?tut MP' Ter MAW, WILL, eV 5' .t % "�avna tars vPo l aanbsnenl.
Signature �h L Date 7/,I/oY
Agency
• @Weld County Planning Dept. +4209 CR 24.5,Longmont CO.80504 O(720)652-4210 ext.8730 0(720)6524211 fax
A 144K3 11 O w 2f+ flo4 No Coilljv tint
(Ficfer;
• Weld County Referral
July 14, 2008
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Milky Way Owners Case Number USR-1666
Association Inc
do Marvin Dyer
do Joseph Lorenzo with Kerr
McGee Oil and Gas Onshore
LP
Please Reply By August 14, 2008 Planner Jacqueline Hatch
Project A Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Production Facility in Western Dairymen.
Legal Open space lot within Western Dairymen Cooperative being part of NE4 NW4 of
Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. _
• Location West of CR 7.5 and South of State Highway 119.
Parcel Number 1313 10 219002
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
Cl We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
because
❑ We have reviewed the request and find no conflicts with our interests.
a See attached letter.
Comments:
Signature ` � Date 7PJAtfl
Agency in
LiiJ -L)ptTn Ja,
+Weld County Planning Dept. +4209 CR 24.5, Longmont,CO. 80504 +(720)652-4210 ext.8730 +(720)652-4211 fax
DEPARTMENT OF PLANNINSERVICES
a
it
fit
BUILDING INSPECTION NORTH OFFICE
918 10th GREELEY, COLORADO 80631
• PHONE (970) 353-6100, EXT.3540
FAX(970) 304-6498
SOUTH O WEST OFFICE
• 4209 24.5 LONGMONT CO 80504
COLORADO PHONE (720)652-4210 ext. 8730
FAX (720)-65-4210
June 17, 2008
Applicant: Milky Way Owners
Site Specific Development Plan and Special Review Permit for a Oil and Gas Production Facility in a
PUD
USR-1666
Description: Production Facility
There are no historical Building permits attached to this parcel.
1. A building permit shall be obtained prior to the change of use, or construction of any new
structures
. 2. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Include a Code Analysis
Data sheet provided by the Weld County Building Department with each Building permits
Submittal plans shall include a floor plan showing the specific uses of each area for the building.
The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building
Code. The plans shall also include the design for fire separation and occupancy separation
walls, when required by Chapter 5 and 7 of the 2006 International Building Code. Fire Protection
shall conform to Chapter 9 and exiting requirements by Chapter 10.
3. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006
International Building Code; 2006 International Mechanical Code; 2006 International Plumbing
Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29
of the Weld County Code.
. 4. All building plans shall be submitted to Mountain View Fire District Fire District for review
and approval prior to issue of Building Permits,
Please contact me for any further information regarding this project.
Sincerely,
Frank Piacentino
Plans Examiner
Weld County Building Inspection Dept.
Weld County Planning Department
GREELEY OFFICE
•
te‘e.CSE' MEMORANDUMR.FCEIV ED
lTO: Jacqueline Hatch, Planning Services DATE: July 30, 2008
W FROM: Clay Kimmi, P.E., Public Works
COLORADO SUBJECT: USR-1656, Milky Way Owners Association Inc c/o Kerr McGee
Oil and Gas Onshore LP represented by Joseph Lorenzo
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section
23. Our comments and requirements are as follows:
REQUIREMENTS:
Access: The applicant is identifying one access point to the proposed site. The existing access is from Weld
County Road 7.5. The applicant shall provide a paved tracking control pad at the entrance location that
extends from WCR 7.5 a minimum of 100 feet down the access road. At the end of the pavement, the
applicant shall install two cattle guards back to back.
The access width requirements for emergency equipment (fire department) are a minimum of 20 feet. The
applicant shall provide documentation showing that it has been cleared with the fire department and
liCiergency services that the width and weight capacity of the access lane are adequate for emergency
poses.
The right-of-way or easement shall be a graded and drained road to provide an all-weather access.
Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or
become established as a result of the proposed development, the applicant/landowner shall be responsible for
controlling the noxious weeds.
Access road shall be shown on the plat as a 30 foot easement.
Storm Water Drainage:
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.
The applicant is required to comply with all Colorado Department of Health and Environmental (CDPHE)
regulations regarding berming and spill prevention for materials and liquids stored on site.
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.
•he applicant is required to comply with Weld County Code (Section 23-5 and 23-5-260-N) requirements for
anchoring oil and gas facilities located in floodplains and floodways where applicable.
Page- 1 -of 2 July 30, 2008
M:\PLANNING--DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1666 Milky Way\USR-1 666.DOC
County Permits:
e County permits are required for any drilling rigs that are over width or overweight utilizing County
adways. Contact Amy Burry at 970-381-3779 at 1111 H. Street, Greeley, Colorado, prior to moving on or off
site.
Flood Hazard Development Standards:
This area IS in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA). The applicant must obtain an approved Flood Hazard Development Permit.
The chain link fence described in the application will cause debris to be collected during a flooding event. The
debris will act as a flood barrier pushing water onto others. If the sites must be fenced, Public Works
recommends using a 5 rail or similar open type fence that will not collect debris.
pc: FHDP-533
•
•
Page-2 -of 2 July 30,2008
M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1666 Milky Way\USR-1666.DOC
Hello