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HomeMy WebLinkAbout20040791.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Prima Oil & Gas Case Number USR-1467 Submitted or Prepared Prior to At Hearing Hearing ` 1 Staff Comments X • Department of Planning Services Field Check Form Letter to Applicant Affidavit and photograph of sign posting Legal Notifications 2 Application X Maps Oil and Gas Lease/Certificate of Conveyance Surrounding Property/Mineral Owners 3 Referral List X Referrals without comment Weld County School District RE4, referral received 3/1/2004 4 Referrals with comments X City of Greeley, referral received 3/25/2004 Weld County Department of Public Health and Environment, referral received 3/22/2004 Weld County Department of Public Works, referral received 3/16/2004 Weld County Department of Building Inspection, referral received 3/9/2004 Weld County Zoning Compliance, referral received 2/27/2004 US Army Corps of Engineers, referral received 3/4/2004 West Greeley Soil Conservation District, referral received 3/3/2004 Colorado Division of Wildlife, referral received 3/29/2004 (L at. wtoid -&- Planning Commiaaion Rocolutipn I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Sheri Lockman ❖ Planner II EXHIBIT 1 2Cr�`/- 7// WILD. LAND USE APPLICATION SUMMARY SHEET COLORADO Planner: S Lockman Case Number: USR-1467 Hearing Date: April 6, 2004 Applicant: Prima Oil and Gas Address: 1099 18`" Street, Suite 400, Denver, CO 80550 Request: A Site Specific Development Plan and a Special Review Permit for an oil and gas production facility(nine oil and gas wells) in the I-1 (Industrial)Zone District. Legal Description: Part of Section 34, T6N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to Highway 257 and south of and adjacent to County Road 64 section line Parcel ID #: 0807 34 000012 and 0807 26 000039 Size of Parcel: 152.41 +/- 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: • Weld County Department of Public Health and Environment, referral received 3/22/2004 • Weld County Department of Public Works, referral received 3/16/2004 • West Greeley Soil Conservation District, referral received 3/3/2004 • Weld County Department of Building Inspection, referral received 3/9/2004 • Weld County Zoning Compliance, referral received 2/27/2004 • US Army Corps of Engineers, referral received 3/4/2004 • Weld County School District RE4, referral received 3/1/2004 City of Greeley, referral received 3/25/2004 • Colorado Division of Wildlife, referral received 3/29/2004 The Department of Planning Services' staff has not received responses from the following agencies: Windsor/Severance Fire Protection District • Weld County Sheriff's Office • Town of Windsor USR-1467 Prima Oil&Gas 1 EXHIBIT I �c,'/-Ci 79/ Mq l �■ SPECIAL REVIEW PERMIT etsif A.F�'7 ADMINISTRATIVE REVIEW COLORADO Planner: S Lockman Case Number: USR-1467 Hearing Date: April 6, 2004 Applicant: Prima Oil and Gas Address: 1099 18`" Street, Suite 400, Denver, CO 80550 Request: A Site Specific Development Plan and a Special Review Permit for an oil and gas production facility(nine oil and gas wells) in the I-1 (Industrial) Zone District. Legal Description: Part of Section 34, T6N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to Highway 257 and south of and adjacent to County Road 64 section line Parcel ID #: 0807 34 000012 and 0807 26 000039 Size of Parcel: 152.41 +/- acres THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE DENIED 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 not 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 23-5-250.B of the Weld County Code states"No development shall occur in the Floodway District with the exception of floodproofed agricultural exempt buildings." 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. Should the Planning Commission choose to approve USR-1467,the Department of Planning Services'staff recommends the following be included as conditions of approval: 1. Prior to recording the plat: A. All pages of the plat shall be labeled USR-1467. (Department of Planning Services) B. The applicant shall attempt to address the conditions (concerns) of the City of Greeley as indicated in a referral response dated March 25, 2004. Written evidence of such shall be USR-1467 Prima Oil&Gas 2 submitted to the Department of Planning Services. (Department of Planning Services) C. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways.The applicant shall contact Gloria Hice-Idler or Tess Jones at the Greeley office to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. Written evidence that all CDOT requirements have been met shall be submitted to the Department of Planning Services.(Departments of Planning Services and Public Works) D. 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(APCD),Colorado Department of Health and Environment. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Written evidence that the requirements have been met to the satisfaction of the Weld County Health Department shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) E. According to the application materials submitted the site will temporarily store oil and water in aboveground storage tanks. Therefore, the applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the(CDL&E),Oil Inspection Section that they are not subject to these requirements.Written evidence that the requirements have been met to the satisfaction of the Weld County Health Department shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) F. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall inquire with the Water Quality Control Division (WQCD)of the Colorado Department of Public Health and Environment if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. Written evidence that the Water Quality Control Divisions requirements have been met to the satisfaction of the Weld County Health Department shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) G. 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. Evidence of Health Department approval shall be submitted to the Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site(this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facilitywhere the waste will be disposed(including the facility name, address, and phone number). (Department of Public Health and Environment) H. The plat shall be amended to delineate the following: 1) All pages of the plat shall be labeled USR-1467. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The location of the Floodway and Flood Plain as delineated on FIRM Community Panel# USR-1467 Prima Oil&Gas 3 080266 0605 D and 080266 0001, dated September 27, 2991. (Department of Planning Services) I. 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. Prior to Construction: A. Any wells located within a Floodplain will require a Flood Hazard Development Permit. (Department of Planning Services) B. Any wells located within the Floodway will require a Flood Hazard Development Permit including a No Rise Certificate. (Department of Planning Services) C. All required building, as described on the Department of Building Inspection referral response, dated March 9, 2004, shall be obtained. (Department of Building Inspection) D. If any work associated with this project requires the placement of dredged or fill material,and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the Untied States at this site,the Department of the Army, Corps of Engineers,should be notified for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Corps of Engineers) 3. 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) 4. 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) 5. 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) USR-1467 Prima Oil&Gas 4 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Prima Oil & Gas USR-14627 1. The Site Specific Development Plan and Special Use Permit is for an oil and gas production facility (Nine oil and gas wells) in the I-1 (Industrial)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 operation shall comply with all applicable rules and regulations of the Colorado Oil and Gas Conservation Commission. (Department of Public Health and Environment) 8. If applicable, the applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 10. 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) 11. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the facility. (Department of Public Health and Environment) 12. Bottled water shall be utilized for drinking and hand washing. (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) 14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment USR-1467 Prima Oil&Gas 5 15. The access road to the oil and gas production facility(for oil and gas wells) should be a graded and drained road to provide an all-weather access to the facility. (Department of Planning Services) 16. If any work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the Untied States at this site,the Department of the Army,Corps of Engineers,should be notified for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Corps of Engineers) 17. 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) (Department of Planning Services) 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 20. Weld County Government personnel 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. 21. 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. 22. 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. USR-1467 Prima Oil&Gas 6 cr):96 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 W ' 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 25, 2004 Prima Oil & Gas Company 1099 181h Street Ste. 400 Denver, CO 80202 Subject: USR-1467- Request for a Site Specific Development Plan and Special Review Permit for an oil and gas production facility(nine oil and gas wells) in the I-1 (Industrial)Zone District on a parcel of land described as Part of Section 34, T6N,R67 W 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 6, 2004, at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, 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 and Windsor Planning Commission for their review and comments. Please call Greeley at 970-350-9780 and Windsor at 970-686- 7476 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 and Windsor 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, 444-'7/ r � t-1 oh Lohman Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS March 26, 2004 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, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1467 IN THE A (AGRICULTURAL) ZONE DISTRICT. SHERI LOCKMAN Name of Person Posting Sign , Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) -)� �� Fri The foregoing instrument was subscribed and sworn to me this ;5 {y day of / a� �.�/ WITNESS my hand and official seal. JJI��� kJtLLt ),, 9)q ) 16Notary Public j My Commission Expires: i I 4DY- i&) II clic NOTICE 1(1 4 A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD AT: . ?h , 20. ‘.:cmco.. 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FIELD CHECK inspection date: 3/4/2004 CASE NUMBER: USR-1467 APPLICANT: Prima Oil and Gas LEGAL DESCRIPTION: Pt Section 34, T6N, R67W of the 6th P.M., Weld County, CO LOCATION: East of and adjacent to Highway 257 and south of and adjacent to County Road 64 section line Zoning Land Use N A (Agricultural) N Agricultural / Kodak E A (Agricultural) E Agricultural / Residential S A (Agricultural) S Agricultural / Sewage treatment facility W A (Agricultural) W Agricultural / Subdivision being constructed COMMENTS: The proposed sites for location of the oil and gas wells vary from vacant farmground to locations surrounding Kodak service buildings and water treatment facilities to river bottom. 1 ; ,/' /IGGL t Sheri Lockman , Planner II Hello