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Home My WebLink About20080497.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Encana Oil & Gas Case Number 3°AMUSR-589 Submitted or Prepared Prior to I At Hearing I Hearing ✓ 1 Staff Comments X Department of Planning Services Field Check Form X ✓ Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X V Surrounding Property/Mineral Owners X V Utilities X ✓ 3 Referral List X Referrals without comment X V City of Northglenn referral received 9/17/2007 X City of Dacono referral received 9/17/2007 X • Colorado Division of Wildlife referral received 9/20/2007 X 4 Referrals with comments X ✓ Weld County Department of Public Works referral received 9/10/2007 X Weld County Department of Public Health and Environment referral received X 10/19/2007(6 pages) ✓ Weld County Zoning Compliance Officer referral received 9/6/2007 X ✓ Weld County Department of Building Inspection referral received 10/5/2007 X J Greater Brighton Fire Protection District referral received 10/5/2007(2 pages) X Greater Brighton Fire Protection District referral received 10/12/2007 X ✓ Office of State Engineer—Division of Water Resources referral received 9/17/2007 X Office of State Engineer—Division of Water Resources referral received 10/2/2007 X ✓ Kerr-McGee—Anadarko referral letter received 9/25/2007(2 pages) X 5 Surrounding Property Owners/Mineral Owners -Letters .--6 It Cxhibits 6a Sign Posting Affadavit (p(ared t.tld'1 G) me,t,cc) X -7-- tanning Commis-slun Resolurlon I hereby certify that the 17 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. �1 Chris Gathman 4 Planner $$bb EXHIBIT 7 2008-0497 I Hilt_fR+tlt l 3rd AMUSR-589—Encana Oil&Gas • LAND USE APPLICATION SUMMARY SHEET Case Number: 3rd AMUSR-589 Hearing Date: November 20, 2007 Applicant: EnCana Oil &Gas (USA) Inc. c/o William G. Crews, CPL Address: P.O. Box 336337 Greeley, CO 80633 Request: A Site Specific Development Plan and an Amended Special Review Permit for a Mineral Resource Development Facilities including: oil and gas storage facilities (crude oil storage) and oil and gas support and service (natural gas processing, odorization, land farming, office use, storage, pipe calibration, research & development lab, measuring equipment repair and calibration) in the A(Agricultural)Zone District Legal Description: Lot B of RE-1595 and Part of Lot A of RE-641; located in part of the SE4 of Section 28, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado • Location: North of and adjacent to County Road 4 and west of and adjacent to County Road 19 Size of Parcel: +/- 59.7 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are 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 Zoning Compliance, referral received 9/6/2007 • Weld County Department of Public Health and Environment, referral received 10/19/2007 • Weld County Department of Public Works, referral received 9/28/2007 • Weld County Department of Building Inspection, referral received 10/5/2007 • Greater Brighton Fire Protection District, referral received 10/5/2007 • Division of Water Resources, referrals received 9/17/2007 & 10/2/2007 • Colorado Division of Wildlife, referral received 9/25/2007 • City of Dacono, referral received 9/17/2007 • City of Northglenn, referral received 9/17/2007 • Kerr McGee/Anadarko Petroleum, referral received 9/25/2007 EXHIBIT • 2 3rd AMUSR-589—Encana Oil&Gas • The Department of Planning Services' staff has not received responses from the following agencies: Colorado Oil and Gas Conservation Commission Adams County K.P. Kaufmann S 0 3 3rd AMUSR-589—Encana Oil&Gas • 0 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: C. Gathman Case Number: 2nd AMUSR-589 Hearing Date: November 20, 2007 Applicant: EnCana Oil &Gas(USA) Inc. do William G. Crews, CPL Address: P.O. Box 336337 Greeley, CO 80633 Request: A Site Specific Development Plan and an Amended Special Review Permit for a Mineral Resource Development Facilities including: oil and gas storage facilities (crude oil storage)and oil and gas support and service (natural gas processing, odorization, land farming, office use, storage, pipe calibration, research &development lab, measuring equipment repair and calibration) in the (A)Agricultural Zone District Legal Description: Lot B of RE-1595 and Part of Lot A of RE-641; located in part of the • SE4 of Section 28, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 4 and west of and adjacent to CR 19 Parcel Size: +/-59.7 acres Parcel Number: 1469 28 400002 & 1469 28 000017 Description of Proposed Use: This amended special use permit is located on an existing oil and gas facility site. This permit incorporates existing uses on the facility along with some additional uses that are proposed/have occurred since the original 2nd AMUSR-589 permit approved in July of 1994. This proposed amended special use permit is to incorporate a land farming (land treatment)facility and new gas compressors.An existing office building on site is also proposed to be used by an outside company/contractor engaged in oil and gas drilling research and development. Outside storage of pipes, oil and gas tanks and equipment is also incorporated with this application. 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 ordinances in effect. Section 23-2- 220.A.1 --The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Sec. 22-5-100. (OG.Goal 1) 4 3rd AMUSR-589—Encana Oil&Gas 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." Section 22-5-100 (OG.Policy 1.6)states: "Oil and gas exploration and production should be conducted in a manner which minimizes interference with existing surface use and mitigates the impact on future land uses." Encana has an existing facility on this site. This amended special use permit proposes to incorporate the existing buildings and operations, land farming facility and the addition of gas compressors and dehydration units to the site. The exterior boundaries of the site will not change. 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 mineral resource development facilities including oil and gas storage facilities and oil and gas support and service facilities 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. This site is under an existing special use permit. 2n° AMUSR 589 was approved July 27, 1994. At the time this site was owned and operated by Vessels oil and gas. This permit was approved to allow gas compressor facilities and for the storage of oil and gas equipment in steel buildings. The existing office building, warehouse, equipment and welding building were incorporated under this permit. The land farming facility was not included under 2n°AMUSR 589. The oil and gas compression equipment under this permit has since been removed. The applicant proposes to install new compressors and dehydration units through this use by special review permit. Storage of oil and gas tanks, pipes and equipment is also incorporated under this application. The site is adjacent(across County Road 19)to an existing • electrical station and natural gas pipeline facility to the east. An existing oil and gas facility is immediately located to the west of the site. The nearest single family residence is located to approximately 1/8 of a mile to the south and west of the site. Conditions of Approval and Development Standards will ensure that this facility is compatible with the surrounding area. D. Section 23-2-220.A.4 --The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the 3-mile referral area of the City of Dacono, the City of Northglenn and Adams County. The City of Dacono and City of Northglenn in their referrals received September 17, 2007 indicated no conflicts with their interests. No referral response has been received from Adams County. E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The site does not lie within any Overlay Districts. 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) • 5 3rd AMUSR-589—Encana Oil&Gas • F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site is currently an oil and gas storage and support facility and is not in agricultural production. G. Section 23-2-220.A.7 --The Design Standards(Section 23-2-240,Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. County Road 4 is designated on the Weld County Road Classification Plan as local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of- way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) • 3. County Road 19 is designated on the Weld County Road Classification Plan as major arterial road, which requires 140 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 4. All plat sheets shall be labeled 3rd AMUSR-589. (Department of Planning Services) 5. The approved screening plan. (Department of Planning Services) 6. On-site lighting (if any is proposed). Lighting shall be in accordance with Section 23-2- 250 of the Weld County Code. (Department of Planning Services) 7. On-site parking shall be delineated. (Department of Planning Services) B. The applicant shall address the requirements of the Weld County Department of Building Inspection as stated in their referral response dated October 10, 2007. Written evidence of such shall be provided to the Department of Planning Services. (Department of Building Inspection) C. All required Air emissions Permits must be obtained from the Air Pollution Control Division, Colorado Department of Public Health and Environment. Evidence of such shall be submitted, in writing, to the Weld County Department of Public Health and Environment and the Weld County Department of Planning Services. (Department of • Public Health & Environment) 6 3rd AMUSR-589—Encana Oil&Gas D. The applicant shall submit an odor abatement plan for the natural gas odorization facility • for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Written evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. (Department of Public Health & Environment) E. A Soil and Ground Water Monitoring Plan shall be submitted to the Weld County Department of Public Health and Environment for review and approval. Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) F. A Detailed Design and Operation Plan shall be submitted to the Weld County Department of Public Health and Environment, for review and approval, for the land treatment facility. The land treatment facility shall be constructed and operated, in accordance with the approved design. Evidence shall be submitted to the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC)that demonstrates the land treatment facility will be constructed in accordance with the approved design. Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) G. A detailed Closure Plan shall be submitted to the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission. The Closure Plan shall include a description of the manner in which the treated and hydrocarbon-contaminated soils will be disposed of, as well as specific details regarding reclamation of the property. No equipment associated with the facility shall remain on the property following closure. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Health & Environment) • H. The facility shall post financial assurance with the Colorado Oil and Gas Conservation Commission (COGCC). The financial assurance shall be adequate to cover a third-party closure of the facility, including removal of soil that has been affected by hydrocarbons or other contamination. The site shall be returned to its original grade. In the event the COGCC does not have the authority to require financial assurance for the entire cost required for the third-party closure, the facility shall post the remainder of the financial assurance with Weld County. The facility shall submit evidence of such, in writing, to the Weld County Department of Public Health and Environment. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Health & Environment) The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment.Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) J. According to the application materials the facility's water system serves and/or will serve more 25 persons on a daily basis. The water system shall comply with the Colorado Primary Drinking Water Regulations(5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations.Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Health & Environment) • K. All septic systems serving the operation shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the systems and a 7 3rdAMUSR-589—Encana Oil&Gas 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. Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) L. 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). Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) M. The applicant shall provide evidence to the Weld County Department of Public and Environment that berming and containment for the landfarm portion of the site is constructed in accordance with the Colorado Oil and Gas Conservation Commission Rule 907. (Department of Public Health & Environment) • N. The applicant shall submit a screening plan to the Department of Planning Services. Storage of outdoor materials shall be screened from adjacent properties and rights-of- way. (Department of Planning Services) O. The applicant shall attempt to address the requirements of the Greater Brighton Fire Protection District as stated in their referral response received October 5, 2007. Written evidence of such shall be provided to the Department of Planning Services. (Greater Brighton Fire Protection District) P. The applicant shall either submit to the Department of Planning Services a copy of an agreement with the properties mineral owners and lessees (Kerr-McGee/Anadarko/K.P. Kaufmann)stipulating that the oil and gas activities have adequately been incorporated into the design of the site, or indicate the 400'x 400' and the 800'x 800'drilling envelope locations per state statute. Q. The amended recorded exemption plats AMRE-641 and AMRE-1595 shall be submitted for recorded. (Department of Planning Services) R. 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) • 8 3rd AMUSR-589—Encana Oil&Gas 2. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other • documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of 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@co.weld.co.us. (Department of Planning Services) 4. Prior to release of building permits: A. A letter of approval from Brighton Fire Protection District is required prior to the issuance of building permits. (Greater Brighton Fire Protection District) 5. Prior to Issuance of Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed gas plant with a control room, an office and space for training activities shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) B. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. • (Department of Public Health and Environment) 7. Prior to operation: A. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD)of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. (Department of Public Health & Environment) 8. 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) • 9 3r°AMUSR-589—Encana Oil&Gas SITE SPECIFIC DEVELOPMENT PLAN • AMENDED SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Encana Oil and Gas 3rd AMUSR-589 1. The Site Specific Development Plan and Amended Special Use Permit is for a Mineral Resource Development Facilities including: oil and gas storage facilities (crude oil storage) and oil and gas support and service (natural gas processing, odorization, land farming, office use, storage, pipe calibration, research & development lab, measuring equipment repair and calibration) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. Employees are limited to six (6) full-time employees and twenty-three (23) part-time employees (who visit the site on a daily basis) in accordance with the application materials. (Department of Planning Services) 4. Compressors will operate 24 hours a day, 365 days a year. Compressors will not be manned except for inspection, maintenance and repair operations (approximately 3-4 trips per day). (Department of Planning Services) 5. 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) • 6. The existing Emission Permit must be modified for the increased operation if the Colorado Department of Health and Environment determines that such a modification represents a significant change in emissions or production. (Department of Public Health and Environment) 7. 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. (Department of Public Health and Environment) 8. 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) 9. The facility shall be constructed and operated to ensure that contamination of soils and groundwater does not occur.(Department of Public Health and Environment) 10. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 11. The facility shall be constructed and operated to ensure that contamination of soils and ground water does not occur. (Department of Public Health and Environment) 12. No disposal of waste, other than non-hazardous hydrocarbon-affected soil and frac sand derived from the Encana oil and gas properties in Weld County. (Department of Public Health and Environment) • 13. All chemicals stored on the site must be stored according to manufacturer recommendations for safe storage and handling. (Department of Public Health and Environment) 10 3rd AMUSR-589—Encana Oil 8 Gas • 14. The facility shall notify the Weld County Department of Public Health and Environment, the Weld County Planning Services, and the Colorado Oil and Gas Conservation Commission (COGCC), a minimum of 90 days prior to closure. (Department of Public Health and Environment) 15. The ground water monitoring wells shall be sampled in accordance with the approved ground water monitoring plan. The facility shall submit groundwater monitoring results to the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission COGCC). In the event the down gradient wells exhibit a statistical increase over background levels, the facility shall: a. Cease acceptance of contaminated soils on the site, pending review of the analytical data by Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). b. Notify the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC) in writing within five (5)working days. c. Immediately develop a plan to determine the extent of contamination. This plan must be approved by the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). d. Upon determining the extent of contamination, the facility shall develop a remedial action plan. This plan must be reviewed and approved by the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). (Department of Public Health and Environment) 16. The facility shall collect and analyze soil samples in accordance with the approved soil monitoring • plan, directly beneath the treatment area. The facility shall submit soil monitoring results (including sample location)to the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). In the event the soils exhibit an impact from the facility at a depth greater than five(5)feet from grade, the facility shall: a. Cease acceptance of contaminated soils on the site, pending review of the analytical data by Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). b. Notify the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC) in writing within five (5)working days. c. Immediately develop a plan to determine the extent of contamination. This plan must be approved by the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). d. Develop a remedial action plan addressing clean up of the contaminated soil, determine, and amend operation practices as necessary to abate the impact. The plan shall be approved the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). The facility must receive approval from the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC) prior to accepting additional contaminated soils on the site. • II 3rd AMUSR-589—Encana Oil&Gas 17. Soil and ground water monitoring requirements may be revised and amended at a later date. The • Weld County Department of Public Health and Environment reserves the right to require additional environmental monitoring requirements if the facility demonstrates that it is necessary. The facility may request the Weld County Department of Public Health and Environment and the Weld County Planning Services to amend monitoring requirements, provided an adequate demonstration can be made of the irrelevance of the monitoring. (Department of Public Health and Environment) 18. Any analysis of waste shall be forwarded to the Weld County Department of Public Health and Environment. The Department reserves the right to require additional, more extensive monitoring at a later date. (Department of Public Health and Environment) 19. All stormwater, which has come into contact with waste materials on the landfarming portion of the site, shall be confined on the site and bermed in accordance with the Colorado Oil and Gas Conservation Commission Rule 907. (Department of Public Health and Environment) 20. The facility cannot accept or handle hydrocarbon-affected soils that are non-exploration and production (E and P)wastes (ie., diesel impacted soil). (Department of Public Health and Environment) 21. 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) 22. 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) 23. The operation shall comply with all applicable State noise statutes and/or regulations. (Department of Public Health and Environment) • 24. Adequate handwashing and toilet facilities shall be provided for employees and visitors of the facility. (Department of Public Health and Environment) 25. Sewage disposal for the facility shall be by septic system. 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) 26. No laboratory chemicals or wastes shall be deposited into the septic system. (Department of Public Health and Environment) 27. The water system shall comply with the requirements for a community water system as defined in the Primary Drinking Water Regulations (5 CCR 1003-1). (Department of Public Health and Environment) 28. 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) 29. The applicant is required to comply with all Colorado Department of Health and Environmental (CDPHE) regulations regarding berm ing and spill prevention for materials and liquids stored on site. (Department of Public Works) 30. 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) • 12 3rd AMUSR-589—Encana Oil&Gas 31. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee • structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 32. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 33. 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) 34. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 35. A 40-foot radius is required on all accesses to public roads for accesses designed to accommodate truck traffic. A minimum effective turning radius of forty (40) feet shall be used for accesses intended to accommodate truck traffic. (Department of Public Works) 36. All screening materials shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 37. Building permits will be required for all new buildings on site as well as existing structures that have a change of use. A building permit will also be required for additional equipment that will require a foundation. (Department of Building Inspection) 38. A plan review is required for each building. Plans will require the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) 39. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. (Department of Building Inspection) 40. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas as well as occupancy classification will be reviewed at the plan review stage. (Department of Building Inspection) 41. A letter of approval from Brighton Fire Protection District is required prior to the issuing of building permits. (Department of Building Inspection) 42. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 43. The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 44. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 45. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. • 13 3rd AMUSR-589—Encana Oil&Gas 46. Personnel from the Weld County Departments of Public Health and Environment, Planning • Services and Public Works 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. 47. 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. 48. 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 (it NORTH OFFICE 918 10'" Street • GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 ' FAX: (970) 304-6498 111k COLORADO September 4, 2007 Encana Oil &Gas Inc. c/o William G. Crews, CPL PO Box 336337 Greeley CO 80633 Subject: USR-1624- Request for a Site Specific Development Plan and a Special Review Permit for Mineral resource development facilities including:oil and gas storage facilities(crude oil storage)and oil and gas support and service(natural gas processing,odorization,land farming,office use,storage,pipe fabrication, research & development lab, measuring equipment repair and calibration) in the A (Agricultural) Zone District on a parcel of land described as Lot B RE-1595 and Part of Lot A RE-641;located in part of the SE4 of Section 28,T1 N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for November 20, 2007, at 1:30 p.m. This meeting will take place in the Hearing Room,Southwest Weld County Planning Department,4209 CR 24.5,Longmont,Colorado. It is recommended • that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. 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 Dacono and Northglenn Planning Commission for their review and comments. Please call Dacono at 303-833-2317 and Northglenn at 303-450-8709 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 Dacono and Northglenn Planning Commission meeting to answer any questions the Commission members may have with respect to your application. 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. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, • (<4,10 Ack, vYI Gv� Chris Gathman Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS November 10, 2007. 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, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR AMUSR-1193 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign i Gl n Signature of Person Posting Sign • STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this d y of No (Y , 2007. WITNESS my hand and official seal. Notary Public My Commission Expir mime( Commission Expires: \ L7 l l� ,1 10-14-2011 Stli 4di11 cn Tom'•.. . , .•�©O fir EXHIBIT (o . a • -- -_ • • -1_ •IllaCill-."'--___\_ - ' 1...+ L- _ 1.�.w.....-••••• ...t.... te .-.•_..J.............•.i:+,. ,...-.✓.�,+.r...+.«A-�- - ` . •n f �` l :.-.-L__._ . t y��1��G11 yi I �/��.�Er t �/i�� 1� ♦k I ) 1/ f • J!' '• ...4. . .'I r• ' t- - i r�. �' ..•i•/rq+M (1'�� i 1 g ` ti 1 ..- - _ •-- 1 - ''✓'.. •_ -. '•= ,•,i. �\ -II _ • . C . • - - ,_.•ter ��Ii.-t'1►_ `-.9_.• �I7 ' '..' ; ) � , `~ • ' ` . _ AD ITTq E - -� ', ► �+ si'� IL N L' spy', (-- � rn 3 8 �. r ` APP Sri', i; • ,' • 1 - 1A .y-Y. ;- IS .. Ivi - tV i. i' Y - y/ 9 i4Ny.- 4. ti - JarliarAn � .- �• .v ^'� � �-_ __ - _ - - - - �•� �.�_�. �� - Eta J - - i . •_ •. _ _ _ ', I. 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M1 �_ , - � + - _ ` . _ : CASE N0. � ;i. �:Il r 9, I ACRES - : -�-K - '� FOR 0 TION CALL - -- la `"° `t. - , . - - ;3 ;'�► ,� pis _ =. DEPARTMENT OF _ _ . . _ WELD COUNTY ` ' ' re>.1 ' .-.r•S . • LS,.,,,w44:- - _ 7r � i a. Gi i I - � t' - f - _• �`� ,J•,• .- - it ` l' e. $ft n _ ,: ....,alij z^ •�' Z ▪ ""` aPLANNING SERVICES AT bit - -_ ! - - - - ',� • ... •�wlp '' ,f ,'_� , `•Z`' • �,;�` ''a OP '--, i '�` • • '; (970)353-61Q0 ext. • . 7 ,,, • 3540 ;k , ,ti ''�i , Ir.; J 1 fir` �` i `•:7 - - :.pe- Y, tvtoc;1\y ' rte- / • ,.,`�. - et _ f y � �1 r,1�. ••, IT h h'�.;.1, 1 , • "`s ) ` 4 \ y f ' L. •9.1r_ •• -- / r.' 1 • - !•w _ - • l: - i► _ ,• ��y. . w. ..,_Y cwt `•I •(' \, 1 tsie . Pe • 1 ` " ' . ''� '• :1 .�I a' •y • I 1�t/y� �'�t 'fa �`� ' _ '; l IV � ' 414,s .• (��f 'i _•G L�f ++ l . SkS2 J. 1 e • �A l.- y L1ti I .J+• • r 21, Iy c S. 1 _ _ I pkg. • I • 'j ljI]]yy'- -r + -'e--PA. ' ••. a• '>4 _ .•� 1 'a �. 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NOTICE , jab._ pc.....„.„.......,._........ _,.,,,,,.,,,stior.,„„,„ :„......,„.....,:...„._ ,,,...:...„,„„ „ , . . , b _ _ b.,. ... .A. 4 " ,...c.ta.‘sirik_Son,44,,II .4, ' witic, .... : COLORADO COLORADO • ~ A PUBLIC NEARING •• .. _ I • -..C-r-•ar-S-Illigr--;---- e _ --a.. .- - - ' -.• ..; --1-'11. ' - ' a• __ an, .- _____aa;Lse ._ . -.. -- --.4 ? ;1,_ :4. . 'TT:a...a . 41‘... .1.:\SC.. rts (if 7vv; " f it L____ I • . - _ �_ . _ itZe - THIS PROPERTY WAT:: _• - --a - . .--4,i• . • . L.- --...-:_ .- -4. -. - -.Lc,. *- ".r _ 543 toelf3 i552.v Ice, 40.4 FILEN • _ ILL BE HELD A . A_'.OA/� � V ms`s! r - •. -.� • ! . �'• •I Li- ...1..--c 142O1 Colilit ‘SZOCigli Zit IS ire'll'",4-1 TT JAI/ s • 4 aa a. . 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S *•;•,-.....- .7� _7• 4.4.741:1.4..-y ^` r • , ,5� 1r`,.y,; r- -.. ti .r. -• W... •.. r"``' a : I+- -, • -y '^'sir t - _• r `_.•, Ni. 46.. w -� T ---1 -: ..d-'.:! i .. . �1'"r•!1 - t .• '1 ,w ' • eta- • FIELD CHECK inspection dates:10/11/2007 APPLICANT: Encana Oil and Gas CASE #: USR-1624 (3`d AMUSR-589) REQUEST: A SSDP & Special Review Permit for a mineral resource development facility(oil and gas support and service & oil and gas processing) in the A (Agricultural) Zone District LEGAL: Lot B of RE-1595 and part of Lot A of RE-641; located in part of the SE4 of Section 28, Ti N, R67W of the 6`" PM, Weld County, CO LOCATION: North of and adjacent to CR 4 and west of and adjacent to CR 19 PARCEL ID #: 1469 28 400002 & 1469 28 000017 ACRES: +/- 59.7 Acres Zonina Land Use N A N vacant land E A E electrical substation/gas pipeline facility S A S single-family residence W A W oil and gas facility (single-family residence further to the west) • COMMENTS: Existing oil and gas facility. ) Chris Gathman - Planner II • Hello