The URL can be used to link to this page

Browse Search

Home My WebLink About20052390.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Marcum Midstream 1995-2 Case Number AmUSR-729 Business Trust Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Welch Field Check Form X Letter to Applicant X Affadavit of sign posting X N, Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/ Mineral Owners X Utilities X Surrounding Property Owners X 3 Referral List X 4 Referrals without comment X Weld County Code Compliance, referral dated 5-11-2005, 6-6-2005 X Town of Eaton, referral received 5-13-2005 X Referrals with comments X 5 West Greeley Soil Conservation District, referral dated 5-18-2005, 6-22-2005 x • 6 Weld County Sheriffs Office, referral received 5-16-2005 X 7 Greeley-Weld County Airport, referral received 5-16-2005 X 8 City of Greeley, referral dated 5-20-2005 X 9 Weld County Department of Public Works, referral received 5-31-2005 X 10 Weld County Department of Public Health and Environment, referral received 6-7- X 2005 11 Weld County Department of Building Inspection, referral received 6-8-2005 X PC Exhibits 12 Letter from Patricia Schwalm received May 31 2005 X 13 Letter from Dale Butcher, Conquest Oil Company, received June 13, 2005 X 14 Letter from Harold Schwalm dated June 24, 2005 X 15 Letter from Dale Butcher, Conquest Oil Company, dated June 28, 2005 X EXHIBIT 2005-2390 A Amt,S2 4729 I hereby certify that the FIFTEEN(15) items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Kim Ogle -6 P nner 4At W��P�• LAND USE SUMMARY SHEET COLORADO Case Number: AmUSR-729 Hearing Date: July 5, 2005 Applicant: Marcum Midstream 1995-2 Business Trust 303 East 17`" Avenue, Suite 660, Denver, CO 80203 Applicant: Conquest Oil Company 1610 29th Avenue Place, #200; Greeley, CO 80634 Situs Location: 22727 CR 64, Greeley, CO Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Brinewater Disposal and allied Facilities) in the A(Agricultural)Zone District.. Legal Description: Part SW4SE4 of Section 26, T6N, R65W of the 6th P.M., Weld County, Colorado Size of Parcel: 133 +/-acres; 0.76 Acres for Facility 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 5-11-2005 Town of Eaton, referral received 5-13-2005 • Weld County Sheriffs Office, referral received 5-16-2005 • Greeley-Weld County Airport, referral received 5-16-2005 • West Greeley Soil Conservation District, referral dated 5-18-2005 • City of Greeley, referral dated 5-20-2005 • Weld County Department of Public Works, referral received 5-31-2005 • Weld County Department of Public Health and Environment, referral received 6-7-2005 • Weld County Department of Building Inspection, referral received 6-8-2005 The Department of Planning Services' staff has not received responses from the following agencies: • Eaton Fire Protection District • State of Colorado, Division of Wildlife • State of Colorado, Oil & Gas Conservation Commission EXHIBIT AmUSR-729, CONQUEST OIL COMPANY, page 1 j / n SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW IRk. COLORADO Planner: Kim Ogle Case Number: AmUSR-729 Hearing Date: July 5, 2005 Applicant: Marcum Midstream 1995-2 Business Trust 303 East 171h Avenue, Suite 660, Denver, CO 80203 Applicant: Conquest Oil Company 1610 29th Avenue Place, #200; Greeley, CO 80634 Situs Location: 22727 CR 64, Greeley, CO Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Brinewater Disposal and allied facilities) in the A(Agricultural)Zone District.. Legal Description: Pad SW4SE4 of Section 26, T6N, R65W of the 6th P.M., Weld County, Colorado Size of Parcel: 133 +1- acres; 0.76 Acres for Facility Parcel Number: 0803 26 400044 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..5 (OG.Policy 1.5. ) states"Oil and gas support facilities decisions which do not rely on geology for locations shall be subjected to review...." The request for a Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility, Brinewater Disposal and allied facilities, in the A (Agricultural) Zone District is the first amendment to an existing permitted facility. This request is for increasing the number of truck loads allowed at the facility to 50 loads per day. Additionally the applicant has requested that the number of loads received per day be measured using a 30-day moving average calculation. Conquest Oil is also requesting the addition of five 500-barrel tanks to compliment the existing thirteen 500 barrel tanks present on site. The original USR was applied for by Coors Energy Company, in 1986 for a Saltwater Injection Facility. Years later this facility was acquired by Patina Oil and Gas Company and operated until 2004 when the facility was acquired by Marcum Midstream 1995-2 Business Trust. This proposal has been reviewed by the appropriate referral agencies and it has been AmUSR-729,CONQUEST OIL COMPANY, page 2 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. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District.Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural)Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The property is surrounded by agricultural fields in crop production and related uses. There are two single family dwellings in the immediate vicinity, one of which is the Lyster Family home. The facility exists on 0.76 acres in the middle of a 133 acre parcel identified as the Lyster Family farm. 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 does lie within the three mile referral area of the City of Greeley. The City in their referral dated May 18, 2005 requested that County Road 64 be paved to reduce the developments impact on air quality. The Weld County Public Works Department is requiring that the applicant enter into a road improvements agreement for the increase in heavy truck hauling on local gravel roads. The applicant shall be responsible for the upgrade and maintenance of the designated haul route on County Road 64 west to County Road 47. E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The existing site is within a recognized overlay district, including the Airport Overlay District. The facility is located north of the Critical Flight Zone and within the Airport Influence area. The existing facility is also within the County-wide Road Impact Fee Area. 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). 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 size of the parcel, 0.76 acres, accompanied with the existing improvements does not make it conducive to agricultural practices. 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 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 AmUSR-729 (Department of Planning Services) C. The plat shall be amended to delineate the following: AmUSR-729,CONQUEST OIL COMPANY, page 3 1) The attached Development Standards. (Department of Planning Services) 2) County Road 64 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. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 64 shall be delineated right-of-way on the plat. This road is maintained by Weld County. (Department of Public Works) County Road 64 dead ends with a cul-de-sac on the east side of the Greeley- Weld County Airport adjacent to the runway. There is only one family farming business that utilizes this road, Lyster Family Farms. Hoshiko Farms utilizes an access off of County Road 47 3) The approved retention facility designed to retain the storm water run-off from the fully developed site from a 100-year storm event or as otherwise requested by the Department of Public Health and Environment. The applicant shall submit evidence of approval to the Department of Planning Services. (Department of Public Works) D. If applicable, existing Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit shall be amended to reflect modifications in the operation, if the Colorado Department of Health and Environment determines that such a modification represents a significant change in emissions or production. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) E. 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) F. If applicable, 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) G. The Weld County Public Works Department is requiring that the applicant enter into a road improvements agreement for the increase in heavy truck hauling on local gravel roads. The applicant shall be responsible for the upgrade and maintenance of the designated haul route on County Road 64 west to County Road 47. Evidence of Department of Public Works approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) H. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval, 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. With approval, the Screening Plan information shall be graphically delineated on the USR Plat. (Department of Planning Services) The applicant shall submit written evidence of compliance with all of the Department of Public Health and Environment's stipulations and requirements as stated herein. Written evidence shall be submitted to the Department of Planning Services. (Department of Planning Services) J. 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 AmUSR-729,CONQUEST OIL COMPANY, page 4 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 Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps©co.weld.co.us. (Department of Planning Services) 4. 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) 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 applicant shall contact the 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 secondary containment 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 AmUSR-729,CONQUEST OIL COMPANY, page 5 pad" shall be constructed and operated in accordance with the approved design. The engineer shall provide evidence 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) 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. Evidence of such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) 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. Evidence of such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) 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 Weld County Department of Public Health and Environment, in writing, in the event the plan is amended. The plan shall be reviewed and approved by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted to the Department of Planning Services. (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. Evidence of such shall be submitted to the Department of Planning Services. (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) 5. Prior to Operation: A. The applicant shall contact the office of the Weld County Sheriff, if warranted, 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. (Sheriffs Office) AmUSR-729,CONQUEST OIL COMPANY, page 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CONQUEST OIL COMPANY (Marcum Midstream 1995-2 Business Trust) AmUSR-729 1. The Site Specific Development Plan and Amended Special Review Permit for an Oil and Gas Support Facility (Brinewater Disposal and allied facilities) 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 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. All liquid or 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 80 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, 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. Disposal of waste should be by hose-type connections. No intentional dumping of waste water should be allowed upon the receiving pad. (Department of Public Health and Environment) 14. 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) AmUSR-729, CONQUEST OIL COMPANY, page 7 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 Sections. (Department of Public Health and Environment) 16. 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) 17. 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 Sections. (Department of Public Health and Environment) 18. The concrete sump shall be appropriately protected to prevent people and wildlife from entering. (Department of Public Health and Environment) 19. 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) 20. 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) 21. The surfaces around the disposal area shall be constructed of an impervious material and graded to insure that all spilled waste is contained within the unloading pad. (Department of Public Health and Environment) 22. The facility shall comply with the approved groundwater monitoring plan. (Department of Public Health and Environment) 23. 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. Evidence of such shall be submitted to the Department Planning Services. (Department of Public Health and Environment) 24. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards before additional barrels of brine water are accepted. 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) 25. Access to the brine water disposal site is from County Road 64. The applicant shall be responsible for the upgrade and maintenance of the designated haul route on County Road 64 west to County Road 47. (Department of Public Works) 26. Transport trucks weighing up to 40 ton will visit the site approximately 50-60 times a day and less on weekends. (Department of Public Works) 27. 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) 28. 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 AmUSR-729,CONQUEST OIL COMPANY, page 8 type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Planning Services) 29. 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) 30. Setback and offset distances shall be determined by Chapter 23, Weld County Code. (Department of Building Inspection) 31. 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) 32. Hours of operation are limited to 7:00AM until 9:00PM daily as stated in the application materials. (Department of Planning Services) 33. 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) 34. 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) 35. 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) 36. 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) 37. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 38. 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) AmUSR-729, CONQUEST OIL COMPANY, page 9 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE (?:I mot' 918 10TH Str806 1 t GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970)304-6498 IE`D a SOUTHWEST OFFICE 4209 CR 24.5 LON COLORADO PHONE: (720) 6552-4212-421 CO 80504 0, Ext. 8730 FAX: (720) 652-4211 May 10, 2005 Marcum Midstream 1995 Bus. Trust Conquest Oil 1610 29th Ave Place #200 Greeley CO 80634 Subject: AmUSR-729- Request for a Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility(Brinewater Disposal and allied facilities)in the A(Agricultural)Zone District on a parcel of land described as Part SW4SE4 of Section 26,T6N, 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 July 7, 2005, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, 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 Greeley Planning Commission for their review and comments. Please call Greeley at 970-350-9780 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 Greeley 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 tb 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, Kim Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JUNE 24, 2005 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 A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (BRINEWATER DISPOSAL AND ALLIED FACILITIES) IN THE A(AGRICULTURAL)ZONE DISTRICT. KIM OGLE Name of Person Posting Sign n, ttL Signat&e of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this day of c ,)C--4 , 2005. WITNESS my hand and official seal. Wei C)/LO Notary Public My Commission Expires: L� ci/( s or -144ribt;4 S;, �� !' rfr Ir k i x r J it J ICIIITkh;. ,•'Y iii ( 1: i;� 1; �� I. ?1} 1 .' e.f' Wi ° NOTICE I1j%. 4%4NI A PUBLIC HEARING W THIS PRppERTY CONCERNING14 WILL BE . , , i � ,. ��et I 8, .+rY HE-4421%44, HELD AT: r '; to • , ,�� ' I 1 ' i„ ON JUL 1, , , S NAME JGc�ue - °IL 2 AT : oQ et•sitPA�.1�{ peA _, id,Ir : � 7 REQUEST �4 S o+SPou_) t , .To o / '' CASE NO, AIvs � t ,,, J J FOR MORE INFORMATION LLRES) ., i II ‘i. 1i WELD COUNTY DEPARTMENT OF � . PLANNING SERVICES AT r �, � 9 ( 970 )353 — I> tr � J 610 0 III6, , J a � : ; , 11 0 ext. 354 ,� . ;t I',11^ Ei1 11� f1 'Mt'V 1�t•VIr!i Kio...!fir i 1�� y 1�,rt�� y� lr ? . ,1 k�r; • i �' ` ` 1 '. . allik • lire %calla r Y. A�'' t : . _ . . Y N. 'ei • .' + R. ( ti c i .• ; , d . ek --. _.,iii J' _ • �_ - ' . I ' r... �;� 2. _ • 4 _. + L . _ - - r . I _ *:. _ . • 1 / FIELD CHECK CASE NUMBER: AmUSR-729 DATE OF INSPECTION: 61//S-/O3- APPLICANT'S NAME: Marcum Midstream 1995-2 Business Trust PLANNER: Kim Ogle REQUEST: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Brinewater Disposal and allied facilities) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part SW4SE4 of Section 26,T6N, R65W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to CR 64, '/z mile west of CR 47. LAND USE: c7 u �{ N 242.:.,t c�.c Cp,v?( /L f4 044t / 4% E Pj--t-�21.2...ci. [&fp. ..4 y1/2/0.4A.6" .1/4 , I�:,r: „ , ,v c.�u.c� f,-a L-�. S K.es th'..n.cc_ CA4 ra jy' r /!4G W 4 / ' . f. rt J ZONING: N A(Agricultural) E A(Agricultural) - S A(Agricultural) W A(Agricultural) COMMENTS: I i /O CGIkk ; - h e..LA eta-- cb-c•eL CiA-G� r--02412 MO J S. N. Qn !'oo'A ol..1-rI UtSit . kin Ue &/c..d, L I 4J .�ticr. -) ; ,.':s O M L-,.. U,.2— 1..,<FA-c- +U P.C. Member FIELD CHECK inspection date: June 24, 2005 CASE No.: AmUSR-729 Applicant: Conquest Oil Company 1610 29th Avenue Place, #200; Greeley, CO 80634 Situs Location: 22727 CR 64, Greeley, CO Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Brinewater Disposal and allied Facilities) in the A(Agricultural)Zone District.. Legal Description: Part SW4SE4 of Section 26, T6N, R65W of the 6th P.M., Weld County, Colorado Zonina Land Use N A (Agricultural) N Agricultural E A(Agricultural) E Agricultural / Residential - S A(Agricultural) S Agricultural / Residential - Leased residence from Lyster Family W A(Agricultural) W Agricultural -Airport Property COMMENTS: The property is surrounded by agricultural fields in crop production and related uses. There are two single family dwellings in the immediate vicinity, one of which is the Lyster Family home. The facility exists on 0.76 acres in the middle of a 133 acre parcel identified as the Lyster Family farm. Facility has been completely rebuilt after acquisition from Patina (Noble). Property is graded to have positive drainage. There is dust suppressant in situ. Facility is well lighted via visual appearance. The entrance drive off of CR 64 is graveled and graded as is CR 64. CR 64 dead ends at airport property to west. Kim nner Hello