HomeMy WebLinkAbout20071415.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant: Marcum Midstream 1995-2 Business Trust Case USR-1604
Conquest Oil Company Number
Submitted or Prepared
Prior to At
Hearing Hearing
N 1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Spitzer Field Check Form
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
4 Referrals without comment
Platte Valley Conservation District, referral dated 2-21-2007, 3-21-2007 X
5 Referrals with comments X
Weld County Code Compliance, referral received 2-9-2007, 3-8-2007
Platteville Gilcrest Fire Protection District, referral received 2-12-2007 X
State of Colorado, Office of the State Engineer, referral dated 2-14-2007 X
Weld County Department of Building Inspection, referral dated 2-16-2007 X
Weld County Sheriff's Office, referral dated 2-25-2007 (?) X
State of Colorado, Division of Wildlife, referral dated 3-5-2007 X
Weld County Department of Public Health and Environment, referral dated 3-9- X
2007
Weld County Department of Public Works, referral dated 3-15-2007, 3-28-2007
6 PC Exhibits
'Faesimile Letter from Kerr-McGee Anadarko dated April 11, 2007 X
Email from Frase Consulting, representative for SPO, dated April 14,2007 X
Email from T. Enright, Kerr-McGee Anadarko dated April 15, 2007 X
Email from T. Enright, Kerr-McGee Anadarko dated April 16, 2007 X
I EXHIBIT
_Ti-LI'[5l'
2007-1415
I hereby certify that the 6 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Planning Commissioners hearing.
Kim Ogle 4. -nn=r
csttri ,
LAND USE APPLICATION
COLORADO SUMMARY SHEET
Case Hearing Date: April 17, 2007
Number: USR-1604
Applicant: Marcum Midstream 1995-2 Business Trust/Conquest Oil Company
303 East 171h Avenue, Suite 660, Denver, CO 80203
Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support
Facility (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A
(Agricultural)Zone District.
Legal
Description: S2 SE4 of Section 30, T3N, R65W of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 39; approximately 2 miles south of County Road 32
Size of Parcel: 80 +/-acres Area of USR: Lot A of RE-4612
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Code Compliance, referral dated 2-9-2007, 3-8-2007
• Platteville-Gilcrest Fire Protection District referral dated 2-12-2007
• State of Colorado, Office of the State Engineer, referral dated 2-14-2007
• Weld County Department of Building Inspection, referral dated 2-16-2007
• Platte Valley Soil Conservation District, referral dated 2-21-2007, 3-21-2007
• Weld County Sheriffs Office, referral dated 2-25-2007
• State of Colorado, Division of Wildlife, referral dated 3-5-2007
• Weld County Department of Public Health and Environment, referral dated 3-9-2007
• Weld County Department of Public Works, referral dated 3-15-2007; 3-28-2007
The Department of Planning Services' staff has not received responses from the following agencies:
• State of Colorado, Oil & Gas Conservation Commission
USR-1604,CONQUEST OIL COMPANY, page 1 EXHIBIT
I c
SPECIAL REVIEW PERM
ADMINISTRATIVE REVIEW COLORADO •
Planner: Kim Ogle
Case Hearing Date: April 17, 2007
Number: USR-1604
Applicant: Marcum Midstream 1995-2 Business Trust/Conquest Oil Company
303 East 17th Avenue, Suite 660,Denver, CO 80203
Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support
Facility (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A
(Agricultural)Zone District.
Legal
Description: S2 SE4 of Section 30, T3N, R65W of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 39; approximately 2 miles south of County Road 32
Size of Parcel: 80 +/-acres Area of USR: Lot A of RE-4612
Parcel Number: 1213-30-400014
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 5. )states
"Oil and gas support facilities decisions which do not rely on geology for locations shall be
subjected to review...." This proposal has been reviewed by the appropriate referral agencies
and it has been determined that the attached Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and county.
Section 22-2-60.D A.Goal 4 states:"Conversion of agricultural land to urban scale residential,
commercial, and industrial uses will be considered when the subject site is in an area that
can support such development. Such development shall attempt to be compatible with the
region. This goal is intended to address conversion of agricultural land to non-urban uses.
Once converted, this land is less conducive to agricultural production." The site consists of
eighty (80) acres and the U.S.D.A. Soils Maps of Prime Farmlands of Weld County dated
USR-1604,CONQUEST OIL COMPANY, page 2
1997 indicate that the soils on this property as"other",with the USR area occurring within Lot
A of RE-4612. The surrounding properties are primarily agricultural with single family homes.
The applicant is proposing an on-site septic system and the water will be provided by an
individual well, permit number 272956.
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 site is bordered by agricultural uses. Single family
residences are located on properties to the north and southeast of the site. Development
Standards and Conditions of Approval will ensure that this use will be compatible with
surrounding land uses.
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 not located within three miles of a municipality. The
applicant is requesting a sign that complies with the Commercial Zone District of the Weld
County Code. The applicant is proposing to have a sign to be located in the north west
corner of the intersection of County Road 39 and County Road 28, section line road.
Further, the applicant states there will be 60-70 truck trips per day to this facility. County
Road 39 is utilized for truck traffic for the nearby dairy, oil and gas facilities and existing
commercial and industrial facilities all permitted under an Use by Special Review Permits.
[(North) SUP-243 unknown number Turkey Farm; (East) USR-1201, 6000 head Dairy;
(South)SUP-128 100,000 head Turkey Farm, USR-1311 Salvage Yard, AmUSR-1232
Commercial Junkyard, AmUSR-842 Tire Mountain, and AmSPR-297, Patina E+P Waste
Facility].
E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The U.S.D.A.
Soils Maps of Prime Farmlands of Weld County dated 1979 designated the soils on this
property as "other".
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.
USR-1604,CONQUEST OIL COMPANY, 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 prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
B. All sheets of the plat shall be labeled USR-1604 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Screening Plan, to address the outdoor storage of materials,
including the trash dumpster associated with this facility shall be screened from
adjacent properties, including the public rights-of-way. (Department of Planning
Services)
3) County Road 39 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional ten feet shall be delineated on the
plat as future County Road 39 right-of-way. All setbacks shall be measured from
the edge of future right-of-way. 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)
4) Based on background traffic and future use of the site the applicant will be
required to add acceleration/deceleration lanes and a left turn lane to County
Road 39. A detail of the entrance and with the improvements shall be delineated
on the plat. (Department of Public Works)
5) The applicant shall delineate the 30 feet of right-of-way along the south edge of
Section 30, T3N, R65W. No right-of-way exists along the north edge of Section
31, T3N, R65W. 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 not maintained by Weld County. (Department of Public
Works)
6) The applicant shall delineate the 40-foot easement across Lot A for the benefit of
Lot B of RE-4612. This easement shall be granted by the RE-4612 Recorded
Exemption plat. Section Line accesses are considered private lanes with no
county maintenance. (Department of Public Works)
7) The applicant shall delineate the proposed access drive to County Road 39. The
internal drive shall be paved and provide adequate access to the parking for the
office building. (Department of Public Works)
8) All parking for this site must be off street and internal and delineated on the plot
plan map. Each parking space shall be equipped with wheel guards or curb
blocks to prevent vehicles from coming into contact with walls or other structures.
(Department of Public Works)
9) The boundary of the USR shall include only Lot A of RE-4612 (the subject of this
USR)that comprises the eastern 34.5 acres of the eighty acre tract. (Department
of Planning Services)
USR-1604,CONQUEST OIL COMPANY, page 4
D. The applicant shall submit to the Department of Public Works a detailed drawing
delineating the entrance and clearly showing the acceleration/deceleration lanes and left-
turn lane, if required, along County Road 39 for review and approval. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services
(Department of Public Works)
E. The applicant shall submit to the Department of Public Works a detailed drawing
delineating the Circulation and Parking Plan for review and approval. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services
(Department of Public Works)
F. The applicant shall submit to the Department of Public Works a detailed drawing
delineating the proposed entrance design to the site. The proposed entrance design
causes safety issues regarding vehicle staging and sight distance. The applicant shall
submit a new design with the entrance having the approach at a 90' angle to County
Road 39 for a minimum distance of three (3)truck lengths. (Department of Public Works)
G. The applicant shall attempt to address the requirements (concerns)of Platteville-Gilcrest
Fire Protection District, as stated in the referral response dated February 12, 2007.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Platteville-Gilcrest Fire Protection District, Department of Planning Services)
H. The applicant shall address the requirements of the Weld County Sheriffs Office as
stated in the referral response dated February 25, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Weld County
Sheriff's Office)
The applicant shall attempt to address the requirements (concerns) of Colorado Division
of Wildlife, as stated in the referral response dated March 5, 2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Colorado Division of Wildlife)
J. The applicant shall submit written evidence of compliance with all of the Department of
Public Work's stipulations and requirements as stated herein. Written evidence shall be
submitted to the Department of Planning Services. (Department of Planning Services)
K. 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 Planning Services.
(Department of Public Health and Environment)
L. A Ground Water Monitoring Plan shall be submitted to the Weld County Health
Department of Public Health and Environment for review and approval. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
M. If appropriate, a Storm Water Discharge Plan shall be submitted to the Weld County
Department of Public Health and Environment and Colorado Department of Public Health
and Environment for review and approval. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Public Health and
Environment)
USR-1604,CONQUEST OIL COMPANY, page 5
N. The applicant shall enter into a Long-Term Maintenance and Improvements agreement
for County Road 39 associated with the designated haul route. The designated haul route
shall be on County Road with the agreement 1 mile north on County Road 39 and
extending 1 mile east on County Road 28. The agreement shall include any intersection
improvements, acceleration and deceleration lanes and adequate turning radiuses
associated with the heavy hauling to the proposed facility. Evidence of Department of
Public Works approval shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Public Works)
O. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval. With approval, the Screening Plan information shall be graphically
delineated on the USR Plat. (Department of Planning Services)
P. The applicant shall submit written evidence of compliance with all of the Department of
Public Health and Environment's stipulations and requirements. Written evidence shall
be submitted to the Department of Planning Services. (Department of Planning Services)
Q. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has
been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can
be delineated on the plat in accordance with the State requirements as an attempt to
mitigate concerns. The plat shall be amended to include any possible future drilling sites.
(Department of Planning Services)
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)
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. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty(60) days from the date the Board of County
Commissioners approval was signed a $50.00 recording continuance charge may be added for
each additional 3 month period. (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. A building permit shall be obtained prior to the construction of any new building, tanks or
support facilities. (Department of Building Inspection)
USR-1604,CONQUEST OIL COMPANY, page 6
B. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. 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 permit application. (Department of Building Inspection)
C. 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: 2003
International Building Code; 2003 International Mechanical Code; 2003 International
Plumbing Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
D. The Future office building will be classified as B occupancy. Contact Plateville-Gilcrest
Fire Protection District for their requirements. Fire resistance of walls and openings,
construction requirements, maximum building height and allowable areas will be reviewed
at the plan review. Setback and offset distances shall be determined by Chapter 23 of
the Weld County Code. (Department of Building Inspection)
E. Building height shall be measured in accordance with the 2003 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements are measured to
the farthest projection from the building. (Department of Building Inspection)
F. A concrete secondary containment structure (floor and walls) surrounding each tank or
battery of tanks shall be constructed. The volume retained by the structure shall be 150%
greater than the volume of the largest tank inside the structure. A registered professional
engineer shall design the structure. The structure shall prevent any release from the tank
system from reaching land or waters outside of the containment area. The operator shall
provide evidence from the engineer to the Weld County Department of Public Health and
Environment and Planning Services that the structure has been constructed to meet this
criterion. (Department of Public Health and Environment)
G. A detailed design of the"concrete unloading pad"shall be submitted to the Weld County
Department of Public Health & Environment shall be submitted for review and approval.
The design shall demonstrate how all spilled waste, stormwater, and wash down water
will be contained within the receiving area and concrete sump. The"concrete unloading
pad"shall be constructed and operated in accordance with the approved design.
(Department of Public Health and Environment)
H. The applicant shall submit evidence to the Weld County Departments of Public Health
and Environment and Planning Services and the Colorado Oil and Gas Conservation
Commission that the facility was constructed in accordance with the application materials.
(Department of Public Health and Environment)
A copy of the drilling log shall be submitted to the Weld County Department of Public
Health and Environment. (Department of Public Health and Environment)
USR-1604,CONQUEST OIL COMPANY, page 7
J. Solids and sediment will accumulate in the storage tanks. The facility shall submit a
detailed plan that describes the method those solids will be removed, including all on-site
handling procedures. The plan shall provide a commitment to notify the Department of
Public Health and Environment, in writing, in the event the plan is amended. The plan
shall be reviewed and approved by the Department of Public Health and Environment.
(Department of Public Health and Environment)
K. A detailed closure plan shall be submitted to the 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 well will be plugged and abandoned,
as well as specific details regarding reclamation of the property. No structures or
equipment associated with the facility shall remain on the property following closure.
(Department of Public Health and Environment)
L. 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 the plugging and abandonment of the well, in accordance
with industry standards, and the removal of all structure (including concrete) on the
facility. 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 third-party
closure, the facility shall post the remainder of the financial assurance with Weld County.
The facility shall submit evidence to the Weld County Departments of Public Health and
Environment and Planning Services that the appropriate financial assurance has been
obtained. (Department of Public Health and Environment)
M. Provide evidence to the Weld County Department of Public Health & Environment that a
well has been appropriately permitted and dug to provide for sanitary use for the facility.
(Department of Public Health and Environment)
N. A letter of approval shall be provided from the Platteville-Gilcrest Fire Protection District.
(Department of Building Inspection/Platteville-Gilcrest Fire Protection District)
5. Prior to Operation:
A. The applicant shall contact the office of the Weld County Sheriff to schedule a walk-
through of the site for the purposes of implementing the program "Crime Prevention
through Environmental Design". This program reduces the likelihood of criminal activity at
a specific location by"hardening" it to crime. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Sheriff's Office)
USR-1604,CONQUEST OIL COMPANY, page 8
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CONQUEST OIL COMPANY
(Marcum Midstream 1995-2 Business Trust)
USR-1604
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support
Facility(Class II Oilfield Waste Disposal Facility) 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. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. (Department of Public Health and Environment)
4. A manager, knowledgeable in operating an injection well, shall be on site when the facility is
receiving waste. (Department of Public Health and Environment)
5. A safe and adequate sewage disposal system shall be available on the facility premises.
(Department of Public Health and Environment)
6. A safe and adequate fresh water supply[Well Permit number 272956] shall be available on the
facility premises. (Department of Public Health and Environment)
7. No disposal of waste other than Class II, as defined by the Environmental Protection Agency, is
permitted. Any changes from the approved Class II use would require an amendment to this
Special Review permit. (Department of Public Health and Environment)
8. Any wastes generated on the facility shall be disposed in accordance with the Colorado solid
Waste Act, Section 30-20-100.5, C.R.S., or other appropriate rule, regulation, or law. (Department
of Public Health and Environment)
9. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A), as
measured according to Section 25-12-102, CRS. (Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
11. All chemicals stored on-site must be in locked buildings, on an impervious surface, provided
manufacturer recommendations for safe storage and handling are in accord. In any event,
USR-1604,CONQUEST OIL COMPANY, page 9
manufacturer recommendations will take precedence. (Department of Public Health and
Environment)
12. The facility shall comply with any required air emissions permit from the Air Pollution Control
Division, Colorado Department of Public Health and Environment. (Department of Public Health
and Environment)
13. All liquid wastes received at the facility shall be unloaded on the unloading pad. The concrete
unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building
up on the pad. At a minimum, the pad shall be washed daily, with a jet hose to remove any waste
build-up. During winter months, the facility shall maintain the unloading pad free of ice.
(Department of Public Health and Environment)
14. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental
Health Services Division. The Division reserves the right to require additional, more extensive
monitoring at a later date. (Department of Public Health and Environment)
15. The facility must comply with the laws, standards, rules and regulations of the Air Quality Control
Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste
Division, the Colorado Oil and Gas Conservation Commission, any other applicable agency, and
all applicable Weld County Code. (Department of Public Health and Environment)
16. Any liquid or 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)
17. Any petroleum-contaminated soils on the facility shall be removed, treated or disposed in
accordance with all applicable rules and regulations. (Department of Public Health and
Environment)
18. 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
Public Health and Environment)
19. The facility shall comply with the approved groundwater monitoring plan. (Department of Public
Health and Environment)
20. All storm water, which has come into contact with waste materials on the site, shall be confined on
the site. In the event that storm water is not adequately controlled on the site, upon written
notification from the Weld County Department of Public Health and Environment or the Colorado
Department of Public Health and Environment, a comprehensive site-wide storm water plan shall
be developed and implemented. The plan must be approved, in writing prior to implementation by
the Weld County Department of Public Health and Environment and the Colorado Department of
Public Health and Environment. (Department of Public Health and Environment)
21. All contaminated soils shall be stored on an impervious surface where any stormwater that comes
into contact with the soils would be contained. (Department of Public Health and Environment)
USR-1604,CONQUEST OIL COMPANY, page 10
22. A permitted individual sewage disposal system shall be installed to serve the facility. In
accordance with the Weld County ISDS Regulations, the system must be designed by a
registered professional engineer. The design must be submitted to the Weld County Department
of Public Health and Environment for review and approval prior to installation. (Department of
Public Health and Environment)
23. Access to the site shall be from County Road 39. The designated haul route shall be on County
Road with the agreement 1 mile north on County Road 39 and extending 1 mile east on County
Road 28. Transport trucks weighing up to 40 tons will visit the site approximately 60-70 times daily
and less on weekends. (Department of Public Works)
24. 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. There is an existing concrete
loading pad. Utilize the existing access and departure points. (Department of Planning Services)
25. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
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)
26. All structures shall require building permits. (Department of Building Inspection)
27. Any lighting, including light from high temperature processes such as welding or combustion, shall
be designed, located and operated in such as manner as to meet the following standards:
sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties; neither the direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets; and no colored lights may be used which
may be confused with or construed as traffic control devices. The application materials did not
include a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be
delineated on the USR Plat. (Department of Planning Services)
28. Hours of operation, acceptance of waste water, are limited to 7:00AM until 10:00PM daily as
stated in the application materials. (Department of Planning Services)
29. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County wide Road Impact Fee Program. (Department of Planning Services)
30. 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)
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
USR-1604,CONQUEST OIL COMPANY, page 11
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)
USR-1604,CONQUEST OIL COMPANY, page 12
a DEPARTMENT OF PLANNING SERVICES
6t, NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970)304-6498
WIIDc
COLORADO
February 8, 2007
Marcum Midstream 1995-2 Business Trust
c/o Dale Butcher, Trustee
8203 W 20 St Ste A
Greeley CO 80634
Subject: USR-1604- Request for a Site Specific Development Plan and Special Review Permit for an Oil
and Gas Support Facility(Class II Oilfield Waste Disposal Facility and a Solids Recovery System)
in the A (Agricultural)Zone District on a parcel of land described as S2 SE4 of Section 30, T3N,
R65W of the 6th P.M., Weld County, Colorado.
Dear Applicant: •
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 April 17, 2007, at 1:30 p.m. This meeting will take
place in the Hearing Room, 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 Planning Commission for their
review and comments. Please call 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 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.
espectf Ily,
Kim O
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS APRIL 6, 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, 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 SPECIAL
REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
KIM OGLE
Name of Person Posting Sign
Signatur&Qf ferson Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this 1 I day of L2,ZL�. , 2007.
WITNESS my hand and official seal. al
S.t w a„-, K Eitix. a�' "� ' %"
Notary Public
My Commission Expires: IC)1H r :'-1, ••• • 'CFO
EXHIBIT
. . a
44
NOTICE46 ^i
,. COLORADO Wl�pc. .
`s a � • � COLORADO �
" A PUBLIC HEARING CONCERNING .� :.>>
THIS PROPERTY WILL BE HELD AT: . .
earwtwEsT sezvIce con. .
4201 cR 24,E
,: ON APRIL l , 2001 AT 13t? .
NAME S OIL OOMPAni -
_ S%GI4t. Wevtew P4M T
REQUEST OIL+4,6,545QPF�T
' CASE NO. ("SR \‘ob4 & �- ACRES .
FOR MORE INFORMATION CALL
:: WELD COUNTY DEPARTMENT OF
PLANNING SERVICES AT
� �r.`` ( 970 )3531100 ext. 3540 ,
'"' T(.z
i
II '. .,? _ M... `I e t ri -ti tom
Y•
i
I.. _ _? '.�,. �'."'�'� „ -
,v • Y,f y,Y1 w . ^ i'M•tT 4 •,. 6'f ;fzit . ( <5 t t.
M T w.-. rt Y+ ary t i .t `. S: r l t
}' __ ,. . �. t • t y' Per ' a..tit k •'7.'`41 '„ t
F } I 1 } V 4 .+ F, trit .1'. 11c'i; i,•• ttr F F P ` .. • :. ..4.4Yt
t • ,}�{Ir- ') -' i Y! ,�[ \ t* `; !((j 'fi ;..♦ti) ,•tjt
.1 i.. ~r ,q, � t` kt 1 Lf� r'AA:,
L�� �yi ) 'f(Wb!J ` � ii
Ct.� MAY/ jp 1 1 'tL•'�. - W > .(.s �`1� +
(\ ,(, }
7 t ti t iA t .^-a .1 < " t , l 1 t -y„. � r-44 .Sf - tri l -.
\'‘.
` �, •`' tf J;. `? y ,r.,:q '• EY i . .ill _ 46., i1,h ;CJI' � „1`_,..�-`.ti lt,,}� ..i. �.@i�..
.� � q � .I. a i1. 15..`r ♦ . " ,r 1 1M�\. 4 I. e 4115' +>llw'�] itiV
• _
-
V ,
•-.1 •
i
.� ' -t.
%lit
..._ - . i#K+
- _
•• a ,
`` yam- a awr.
_.
yr ..,y
r`,F'er " kitka
it l '5-� SAY- -�' •
•
`�-� -ice - •
• SC` JL�-. r'L.r •
x �
•:,1�` -,* -„ '
• `
_ .
C r
t
Vo tie'
' i111G. :ii- •
o .:_ - ,
•` '- l .J C
wi4 . 't':--'..'./...:".. _ _ .' '[ .fir
fI. a I ! y` • 4—le.- 4
..rre,
><.1
�a '-
. vj1.---,‘
� �.J ', ��v.,,r ^'�: �'r��- ♦ 1�� � _Y' Jam~ .��
1 �. ter • i
ar - � � 4 ., rx . - X,f�..c •••....�YY� f�'�•�i$''rf J���a'�.Sf•�i y.�.,SYv )y�
4.. M'.' J- /.t ni>Y Y
i . r t.x •1 F .ate+ `wr {r .. utArtk w
• f �v ! ,;,\...�� i.)'It
r�.1� Y�ly�C.' � ��{'R"leiS ,c • i' r• •
'''... �•yy!�r
*C` f li.. '3,1.o ,ca j}-1i'� .. 440'0 r�.,�,, ••.e .-4th ��A" ^'>j,% . '. • i• .�,it"ti- * ` .4'y�{;., e 4 `,E .: rye �.. .r., .`
sr, .. 'n :r.�r y'//. r t ^! e .r. I' .,Y el� ILL • yX� `J
F s t ,I. i. - i, 4., •fw!_nsP '...Y � t r:7'".
c :1,.(l ,, r ' yye t1 T if'! A LV •w te`f. % .*j --, Ye tTu . 'vg •1:- ),� w,�PF trt It 64 { '1';.•., W b 'YS' "-i' :
.r .:.r- r ,y' •'tr t F, _ N �k17,� C% r s• i it.
r e'er < la ' K` al71 I , J •. 4 e ky !� ," , .n ' a.
h w ;1.. rt?j `/�A1 �. �{�'r ♦ •
b.. • ,r 'S 1f♦ .k�"'�"- u7`1. 1 �"'l1
` •
.� ~Ia. 1 •i� A�Z , •+� •S IF , ••,, 't� l_'
l •
uu
•
ID f
'O F' ,l t.4. ♦ .00:
- ` aid S. • 4A��
1 '1'x•:{ ,' y��.�`� I p�� 'S-.1 *4044'4 ....'y
FIELD CHECK inspection date: March 27, 2007
Case Number: USR-1604
Applicant: Marcum Midstream 1995-2 Business Trust/ Conquest Oil Company
303 East 17th Avenue, Suite 660, Denver, CO 80203
Request: Site Specific Development Plan and Special Review Permit for an
Oil and Gas Support Facility (Class II Oilfield Waste Disposal
Facility - Saltwater Injection Facility) in the A (Agricultural) Zone
District.
Legal
Description: S2 SE4 of Section 30, T3N, R65W of the 6th P.M., Weld County,
Colorado
Location: West of and adjacent to County Road 39; approximately 2 miles
south of County Road 32
Size of Parcel: 80 +/- acres
Zoning Land Use
N A (Agricultural) N Prairie - Sage Pasture - Dryland with House on Large Lot
E A (Agricultural) E Dryland Pasture
S A (Agricultural) S Dryland Pasture - Tire Mountain Salvage Yard
W A (Agricultural) W Dryland Pasture
COMMENTS:
Dryland Pasture - Wide open area with no improvements. Oil and Gas is on site
Access is from CR 39. Section Line Access adjacent at CR 28 to South
Property lies higher on east side and slopes to west
One residence in close proximity, SE4 CR 28/ CR 39
Kldi Ogle, Planner
Hello