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Home My WebLink About20070896.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Duke Energy Field Services Case Number USR-1588 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X PlanningCur -Vitagerald Field--C-hecl Fuirn ---- Letter to Applicant X i' Affadavit of sign posting X •� Legal Notifications X / 2 Application X Maps , Surrounding Property/Mineral Owners Utilities ' 3 Referral List X 4 Referrals without comment X City of Dacono, referral received October 26, 2006 Greeley Weld County Airport Authority, referral received November 8, 2006 Referrals with comments X 5 Colorado Department of Transportation, referral received October 26, 2006 Weld County Code Compliance, referral received October 27,2006 Central Weld County Water District, referral received November 1, 2006 Fort Lupton Fire Protection District, referral received November 6, 2006 Town of Frederick, referral received November 14, 2006 Weld County Department of Public Works, referral received November 20, 2006 Weld County Department of Building Inspection, referral received November 20, 2006 Weld County Department of Public Health and Environment, referral received November 30,2006 PC Exhibits 6 Sign Posting Photograph +Affidavit - l U •‘) X 7 Surrounding Property Owner Letter of Opposition-Spurling, received December X 13, 2006 ( t-,lCr{ (:idtC, i'C t.yv,k,f,,) fr -Cti e;4 fr< min.;i( .I1/4 r.) I hereby certify that the 7 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commis `, $b EXHIBIT r5•�e.b,'�T D 1 2007-0896 Kim Ogle •:>•elynner �T l✓p0 WliDc LAND USE APPLICATION SUMMARY SHEET COLORADO Case Hearing Date: January 16, 2007 Number: USR-1588 Applicant: Duke Energy Address: Duke Energy Field Services, c/o Patrick Groom; Witwer, Oldenburg, Barry&Johnson LLP 822 7'h Street Suite 760; Greeley, CO 80631 Request: Request for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts (Truck Terminal and Truck Transport Facility) in the A(Agricultural)Zone District Legal Description: Part SW4 of Section 34 and part SE4 Section 33,T2N, R67W of the 6th P.M.,Weld County, Colorado. Location: North of and adjacent to County Road 14 and east of and adjacent to and west of and adjacent to County Road 19 Size of Parcel: 37 +/- acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • City of Dacono, referral received October 26, 2006 • Weld County Code Compliance, referral received October 27, 2006 • Colorado Department of Transportation, referral received October 30, 2006 • Central Weld County Water District, referral received November 1, 2006 • Fort Lupton Fire Protection District, referral received November 6, 2006 • Greeley Weld County Airport Authority, referral received November 9, 2006 • Town of Frederick, referral received November 16, 2006 • Weld County Department of Public Works, referral received November 20, 2006 • Weld County Department of Building Inspection, referral received November 20, 2006 • Weld County Department of Public Health and Environment, referral received November 28, 2006 The Department of Planning Services' staff has not received responses from the following agencies: • Weld County Sheriffs Office • State of Colorado, Division of Wildlife • Platte Valley Soil Conservation District r USR-1588, DUKE ENERGY FIELD SERVICES, page 1 LAND USE APPLICATION SUMMARY SHEET WIOc. COLORADO Planner: Kim Ogle Case Hearing Date: January 16, 2007 Number: USR-1588 Applicant: Duke Energy Address: Duke Energy Field Services, c/o Patrick Groom; Witwer, Oldenburg, Barry&Johnson LLP 822 79' Street Suite 760; Greeley, CO 80631 Request: Request for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts (Truck Terminal and Truck Transport Facility) in the A (Agricultural)Zone District Legal Description: Part SW4 of Section 34 and part SE4 Section 33,T2N, R67W of the 6th P.M.,Weld County, Colorado. Location: North of and adjacent to County Road 14 and east and adjacent to and west of and adjacent to County Road 19 Size of Parcel: 37 +/-Acres Parcel Number: 1311 34 000030 and 1311 33 000042 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100.A(OG.Goal 1. )states "Oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Further,Section 22-5-100.B(OG.Goal.2) states "The extraction of oil and gas resources should conserve the land and minimize the impact on surrounding land." The request for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts (Truck Terminal and Truck Transport Facility) in the A (Agricultural) Zone District is a newly numbered USR which includes: USR-1588,DUKE ENERGY FIELD SERVICES, page 2 ❑ SUP-314 for the Natural Gas Processing Facility identified as the Spindle Plant approved by Board of County Commissioner resolution in 1976 for Amoco Production Company identified as DEFS Parcel 1; ❑ SUP-317 for a natural gas compressor station utilized in conjunction with the Spindle Plant previously approved by Board of County Commissioner resolution in 1976 for Colorado Interstate Gas (CIG), to include land identified as Tract C; ❑ SUP-360 for the expansion of the Amoco Production Company to include land identified as Tract A and Tract B was approved by Board of County Commissioner resolution in 1978; ❑ USR-707 for a Natural Gas Compression and Liquids Trucking Facility approved by Board of County Commissioner resolution in 1985 for Natural Gas Associates, Inc. and AmUSR-707 for the parking of trucks and equipment associated with the Liquids Trucking Facility. The amendment was approved by Board of County Commissioner resolution in 1994 for Associated Natural Gas, Inc. This application addresses the current on-site conditions,and serves as a baseline for future improvements to the site. Upgrades to the facility addressed under this application are for on-going modernization of the material distribution system and upgrades as required by the Oil and Gas Commission for regulatory compliance. These modifications will not increase truck trips per day. Further,the new application was required by the Department of Planning Services due to a change in ownership of the facility. 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 Facility including a Natural Gas Processing Facility and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts (Truck Terminal and Truck Transport Facility) as a Use by Special Review in the A(Agricultural)Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The property is sited mid slope to the surrounding land form. To the north,east and south are agricultural lands with oil and gas encumbrances and single family residences;to the west in the south half of the section is the corporate city limits for the Town of Frederick, in the north half of the section adjacent to County Road 17 are broadcast towers permitted under USR-776 and USR-1508; adjacent to County Road 19 is a trucking facility for Hamilton Farms permitted under USR-787. There are nine property owners within five hundred feet of this facility. One letter dated December 11, 2006 was received from a surrounding property owner expressing concerns specific to on-site lighting and the screening of vehicles from adjacent properties and public rights-of-way. Conditions of Approval and Development Standards ensure that there are adequate provisions in place to address the concerns of adjacent and surrounding property owners. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The existing site is within the three mile referral area of the City of Dacono and the Town of Frederick. The City of Dacono returned a referral dated October 26, 2006 indicating no conflict with their interests; the Town of Frederick returned a referral dated November 13,2006 indicating that the facility is located within the Town's Planning Area and is eligible for annexation. The Town further states given that the facility is existing and includes only modernization upgrades, annexation of the property will not be required at this time. The Town further states that in light of the limited scope of improvements to the existing facility, the Town requests that the improvements adhere to the Town's Land Use Code which addresses fencing requirements, down cast lighting, landscape treatment, and USR-1588, DUKE ENERGY FIELD SERVICES, page 3 adherence to all state noise and air quality requirements. Conditions of Approval and Development Standards ensure that there are adequate provisions in place to address the concerns of the Town of Frederick. E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The existing site is within the Airport Overlay District. The Greeley Weld County Airport Authority returned a referral indicating no conflict with their interests. The facility is not within the Geologic Hazard or Flood Hazard Overlay District. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. This facility was acquired by the Duke Energy Field Services Division in 1991. Previous to this acquisition the facility was permitted and operated by either Amoco Production Company,Colorado Interstate Gas or Natural Gas Associates, Inc. for approximately twenty-five years. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. 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 Scheduling the Board of County Commissioners hearing, the applicant shall: A. Submit a Screening Plan to the Department of Planning Services, to address the outdoor storage of materials,associated with this facility shall be screened from adjacent properties, and the public rights-of-way. (Department of Planning Services) B. Submit a Sign Plan to the Department of Planning Services,for all Facility identification signs, including location and size. (Department of Planning Services) C. Submit written evidence to the Colorado Department of Transportation and to the Department of Planning Services, that the facility will not increase traffic by more than 20 percent at the intersection of County Road 17 and State Highway 52. (Colorado Department of Transportation) 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 2. The plat shall be labeled USR-1588. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) USR-1588, DUKE ENERGY FIELD SERVICES, page 4 4. The approved Screening Plan, to address the outdoor storage of materials, associated with this facility shall be screened from adjacent properties, and the public rights-of-way. (Department of Planning Services) 5. The approved Sign Plan for all Facility identification signs. (Department of Planning Services) 6. County Road 19 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 10 feet shall be delineated on the plat as future County Road 19 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) 7. County Road 14 is designated on the Weld County Road Classification Plan as a 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. 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) 8. The application and the aerial view reflect eleven existing accesses to the Spindle Plant and Truck Loading Facility. The main parking lot and adjacent office access for the Spindle Plant Facility shall be from County Road 14. The Truck Loading Facility shall utilize the existing access points off of County Road 19. The applicant shall continue to utilize all existing parking lots and the established circulation within all parcels associated with this facility. (Department of Public Works) 9. The screened trash enclosure for the facility. (Department of Planning Services) 10. The location of existing Central Weld County Water District six(6) inch water main and the location of the high hazard backflow prevention devices and meter vaults. (Central Weld County Water District) 11. The location of the vents each one hundred (100) feet above the existing Central Weld County Water District waterline along the entire length of the facility adjacent to County Road 19. (Central Weld County Water District) 12. A graphic key and or symbol serving to identify each component that is located within the USR Boundary. The key and corresponding component shall be summarized in tabular format and be clearly delineated on the plat. (Department of Planning Services) D. The applicant shall provide current evidence to the Department of Public Health and Environment and the Department of Planning Services that the facility has an adequate water supply (i.e., well or community water system). (Department of Public Health and Environment) E. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment to the Department of Public Health and Environment . Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) F. The applicant shall submit an odor abatement plan for all Mercaptan storage or injection sites for review and approval, to the Environmental Health Services,Weld County Department of USR-1588, DUKE ENERGY FIELD SERVICES, page 5 Public Health & Environment. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) G. 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 approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) H. In the event any of the vehicle maintenance shop(s) are equipped with a floor drain the following shall apply: 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: A. A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). B. A list of the type and volume of chemicals expected to be stored on site. C. The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence that they are not subject to the EPA Class V requirements. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) J. The applicant shall address the concerns of the Department of Public Works as outlined in their referral dated November 17, 2006. Truck parking and loading facilities should be adequately graveled and should be graded to prevent drainage problems.Written evidence of approval by the Department of Public Works shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) K. The applicant shall address the concerns of the Central Weld County Water District as outlined in their referral dated November 1, 2006. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) L. The applicant shall request from the Board of County Commissioners a petition to vacate SUP-314; SUP-317, SUP-360; USR-707 and AmUSR-707. (Department of Planning Services) M. The applicant shall address the concerns of the Town of Frederick as outlined in thier referral dated November 13, 2006. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) N. 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) 3. One month prior to construction activities: 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. Contact the Water Quality Control Division of the Colorado USR-1588, DUKE ENERGY FIELD SERVICES, page 6 Department of Public Health and the Environment atwww.cdphe.state.co.us/wu/PermitsUnit for more information. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) 4. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The 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) 5. 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 mapsco.weld.co.us. (Department of Planning Services) 6. 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) 7. 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 of the Board of County Commissioner Resolution was signed a $50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) USR-1588, DUKE ENERGY FIELD SERVICES, page 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DUKE ENERGY FIELD SERVICES USR-1588 1. The Request for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts (Truck Terminal and Truck Transport 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S.,as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of Public Health and Environment) 7. The applicant shall operate in accordance with the approved "odor abatement plan". (Department of Public Health and Environment) 8. 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) 9. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 10. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 11. 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) 12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 13. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) USR-1588, DUKE ENERGY FIELD SERVICES, page 8 14. 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) 15. 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. (Department of Public Works) 16. The applicant is required to comply with all Colorado Department of Health and Environment, Water Quality Control Division regulations regarding storm water quality permitting and protection and construction storm water discharges. (Department of Public Works) 17. A building permit will be required for all new buildings on site. A building permit will also be required for additional equipment that will require a foundation. (Department of Building Inspection) 18. 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) 19. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. (Department of Building Inspection) 20. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. (Department of Building Inspection) 21. Provide letter of approval from Fort Lupton Fire Protection District prior to applying for building permits. (Department of Building Inspection) 22. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Fee Program. (Department of Planning Services) 23. 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) 24. The facility operates twenty-four (24) hours a day, seven (7) days a week as stated in the application materials. (Department of Planning Services) 25. The Spindle Plant Facility is limited to five (5)full-time employees as stated in the application materials. (Department of Planning Services) 26. The Spindle Plant Facility is limited to fifteen (15)trucks per day as stated in the application materials. (Department of Planning Services) 27. The Truck Terminal and Truck Transport Facility is limited to one (1)full-time employee as stated in the application materials. (Department of Planning Services) 28. The Truck Terminal and Truck Transport Facility is limited to ten (10) trucks per day as stated in the application materials. (Department of Planning Services) 29. 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) 30. 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) 31. 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-1588,DUKE ENERGY FIELD SERVICES, page 9 Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 32. 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) 33. 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-1588, DUKE ENERGY FIELD SERVICES, page 10 01/15/07 17:35 FAX 2002/002 01/15/2007 10;45 9703523165 WOBJ PAGE 02/02 WITWER., OLDENBURG, BARRY &JOHNSON, LLP ArrORNEY9 AT LAW 633-701 STROM 6UIT0 700 (:TOW L.WHWea.JR. GREELEY, CO A0631 JOWL" REINPALWIELo OF WUMNL R SAM Ti.Mu116 JOHN J.moan ypjMeryW OHM 1 jou:CaLIME JOHNSON FACSIMILE t370,3651.3131 05 FATS=M.[ROOM IG'IppCJ E-MAIL AOORE5M ICEMEN a WALL IL PGROOMfWOIIAAW.COM January 15, 2007 VIA FACSIMILE&US MAIL Department of Planning Settee 918 10"'St. Greeley,CO 80631 • Attn: Chris Gathman • Re; USR-1588 Dear Chris: This matter is currently set for a Planning Commission hearing on January 16, 2007. I received a telephone call from Kim Ogle this weekend,who indicated that he would be out of town on that date due to an emergency,and offered us the option of continuing this matter for two weeks. I have spoken to my client, and we have elected to continue the matter to the next hearing date. Thank you for your attention to this matter, and if you have any questions regarding this matter please do not hesitate to contact me_ Yours very truly, WITWER,OLDENBURG, BARRY&9INSON,LLP eses-esa/Ae7. ck M. Gro Pmg cc: Joe Kucinski • EXHIBIT 1 DEPARTMENT OF PLANNING SERVICES �1 SOUTHWEST OFFICE r- �1 4209 CR 24.5 LONGMONT, CO 80504 111k. PHONE: (720) 652: (720 65 8730 FAX: (720)652-4211 COLORADO December 5, 2006 • Duke Energy Field Services do Tim Clancy Witwer Oldenburg Barry& Bedingfield LLP 822 7th Street Suite 760 Greeley CO 80631 Subject: USR-1588;to include SUP-314, SUP-317, SUP-360, USR-707& AmUSR-707- Request fora Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A(Agricultural)Zone District on a parcel of land described as part SW4 of Section 34 and part SE4 Section 33, T2N, 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 January 16, 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. ' - the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, .ct.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 Frederick Planning Commission for their review and comments. Please call Dacono at(303) 833-2317 and Frederick at(303)833-2388 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. Respectfully, 14:44Q2„ Kim inner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS FEBRUARY 9, 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 SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING A NATURAL GAS PROCESSING FACILITY AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (TRUCK TERMINAL AND TRUCK TRANSPORT FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - USR-1588 KIM OGLE Name of Person Posting Sign Signa of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD • " A � �y / I^ The foregoing instrument was subscribed and sworn to me this I day of (V 0 ( 1 , 2007. WITNESS my hand and official seal. L ` 1 [21:4) WENDI INLOES (��,ti( I NOTARY PUBLIC 'TATE OF COLORA Notary Publid- My Commission Expires: 111)��/O -= 04 NOT• ICE ICE woe ,, - _�--� A PUBLIC HEARING CONCERNING _ - - _ THIS PROPERTY WILL BE HELD sl = - _ 8ouuv, Its Weld C'o AT: - 47Dq �'j�lanni � CR Z4.5 , Lemont, CD / � ! OM an. l (c) i ' ' 1 i J20 7AT � , 3 ret ' - • NAMES ` tad 8e, yr REQUESTMd ➢ . 1 fi hisifti oithrai gam<),IIIII: Trude Terminal TACIllt .� CASE N0. IASP i5� �� ACRES FOR MORE INFORMATION CALL WELD COUNTY DEPARTMENT OF --.- PLANNING SERVICES AT (970)353 -6100 ext. 3540 _ ;.r 7i t =TIi. - .- -�' Illf p�. NOTICE ��t"r _ CO4Okpgp WI: A PUBLIC HEARING CONCERNIN THIS PROPERTY WILL BE HELD A 80 t Weld Countci 7lanni 41O4 CR Z4 5 io n9mont. CO. A ON .)anj (v ,„ , 20Q7gT iL3f2. ,n t NAME alike En� Field _ y�� REQUEST-filial-hiMin Re intl�re De'�°�''oart • hoc in9 < Truck_Natural inS • CASE N0. USR- 1588 7:_113 l CR FOR MORE INFORMATION AL�REs WELD COUNTY DEPARTMENT OF ilk ta. PLANNING iv (970)353-6100 ext.SERVICES 354(T 14 -- -- A.,_ ' i-41/4„--r4. , btire, 94.4 ky :„.0,4tri i, rit i 4 . " rr ' A , 11 �anor, kit ��o �o NOTICE I. Nk .;� p. r BRA. „ Y ` „�j" • r - It - '. ;, ,•,, PUBLIC HEARING CONCERNIN .: " ,,;•... ,403:;. , . "' ' t ,A `' " $ ROPERTY WILL BE HELD A �S:r �; 9 CR Zit S . (oruomon t, o ` ON �in. lb Y , 2001AT1 . 30 ; ;30, %' . r I J •P NAME Duke, o •. Meld < yr I, c .;.�. �... Hera! Resource Dadopmeat i ;d y s ; .. •eA^— - REQUEST1+uul+ij 1 d. Natural Gasliartiv 5,,r,' i 'ft uck_ Tcr�ninal Tara Irim_ 1I r i ' > CASE NO. MP IS6e 4/ r 7ACRECH I ' p. i FOR MORE INFORMATION CALL irF 1117.a- . �' ' WELD COUNTY DEPARTMENT OF ' n��' PLANNING SERVICES AT (970)353 -6100 ext._, 3 40 ` �s I - ----epP9,P2729J - r ' 'f a �ssi s±exoa y orn?lyy. ' p • 1 .µ"ms ta �G ea A NOTICE r% -I. . , y" Y 2 �� THIS PROPERTY WILL BE HELD AT: _ • 8h t0.61_ _ • 8 1 Y�{ N?_O9 U2 7µm (ou"i] i l°^n(ise I 4 , n9 {� r, r �T °N ^^nom , 2007 02 c3O S '' - �- - NAME `mac Eno-jam" �f" �� ' <, MI x end �:vrc i sa, ,- �' REQUf5fTn lifts rre 1nei„�.+ �� • f'f wrl0Ter al4 t q�, aY �' � �� CASE N0. UC_ R�yi�5 :m S FOR MORE INFORMATION CALL WELD COUNTY DEPARTMENT OF PLANNING SERVICES AT r^ -, . • (970)353-6100 ext. 3540 y '-...-. . . r► ..__ „ • _ _ i �- �- 6 , i. 4... Ill `r `, —`^ e4 ^'j: 'Ail/%1 :. 1 1 � 01 /04/2007 riir 4t 1 1 T 1 • tilisms 4 01 /Q4/2007 4 _ LS/• • •M _ _ __ a . w �: D4/2OO p-hti := . . 1 . 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I _ FIELD CHECK inspection date: January 4, 2007 Applicant: Duke Energy Field Services Address: Duke Energy Field Services, c/o Patrick Groom; Witwer, Oldenburg, Barry &Johnson LLP 822 7th Street Suite 760; Greeley, CO 80631 Request: Request for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural)Zone District and Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts (Truck Terminal and Truck Transport Facility) Legal Description: Part SW4 of Section 34 and part SE4 Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 14 and east and adjacent to and west of and adjacent to County Road 19 Size of Parcel: 37 +/-Acres Parcel Number: 1311 34 000030 and 1311 33 000042 Zoning Land Use N A (Agricultural) N Agricultural, Oil and Gas and rural residences E A (Agricultural) E Agricultural, Oil and Gas and rural residences S A (Agricultural) S Agricultural, Oil and Gas and rural residences W A (Agricultural) W Town of Frederick, Envision Peaker Plant COMMENTS: Facility is existing and is fenced with chain link with 3-strand barb wire at the perimeter for both the processing plant and the terminal operations. The Spindle Gas Processing Facility is in operation and is currently undergoing modernization. The yard appears to be graveled and graded. Multiple signs notifying safety and posted, including No Trespassing Signs and compliance signs. At the exterior there are multiple above and below ground piping components, that when present at the surface are fenced with pipe. There is a graveled parking are to the east. Overhead lights are positioned in all directions, and are of different brands and years of manufactured. Visual identification determined none were hooded or had cut-off components to restrict off-site light pollution. There was limited outdoor storage, however, it was difficult to determine the extend due to the recent storm event. The site did not appear to have opaque screening in place at the time of the field inspection. The Terminal operations are existing and are also fenced with chain link fence materials and three strand barb wire at the top. The service yard is graveled and graded north of the structures. There is currently parking occurring at this location, however, the parking area is not screened. The terminal area is gated and has restricted access. There is an entry office and exit office that appears to be manned. Lighting at this facility also appears to be not in compliance with the Code, specific to the light pollution issue. There were no cut-off shields present on the poles or the surface Mounted lighting. County Road 19 is a paved two lane road with a posted speed of 45, while County Road 14 is a two lane all weather road. The main access to the truck terminal is off of County Road 19, whereas the main access to the Spindle plant is off of County Road 14. There is no landscape component and both facilities are not fenced with an opaque material to address the outdoor storage or the parking of vehicles Hello