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(..-7-— ._,'N • g I / 1 (.."--21(.5--)::- •• f—'. \---r \ (17-/----- .,k 0 ) tK1 i '6C‘0057 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - REDWAVE, LIMITED WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 11th day of January, 1989 , at the hour of 10 : 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Redwave, Limited, Hudson Bay Centre, 1600 Stout Street, Denver, Colorado 80202 , for a Site Specific Development Plan and Special Review Permit for an oil and gas support facility in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SW} , Section 4 , Township 8 North, Range 58 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by David Forson, and WHEREAS , Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a. The proposed use is located within an A (Agricultural) Zone District and is consistent with the Weld County Comprehensive Plan ' s Agricultural Goals and Policies. The proposed use will not infringe on the continued agricultural use in the 7)/ vicinity or County. The proposed use does not �i Of33 .'.r. 890057 Page 2 RE: USR - REDWAVE, LIMITED appear to have any adverse impacts on the agricultural interests of the County or the environment. b. The proposed use is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. c. The proposed use is compatible with the existing surrounding agricultural uses as well as with the future proposed development in the immediate area. The future uses are projected to remain agricultural in nature. d. No overlay districts affect the site. e. The applicant has demonstrated a diligent effort in conserving productive agricultural land in the locational decision for the proposed Special Review Permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an oil and gas support facility in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2 . The special review activity shall not occur nor shall any additional 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. 3 . Prior to the recording of the Special Review plat, the following shall occur: a. The applicant shall submit an application for and obtain approval of a Subdivision Exemption. 890057 Page 3 RE: USR - REDWAVE, LIMITED b. The applicant shall submit a plat that is acceptable for recording purposes. c. The applicant shall submit to the Department of Planning Services an approved copy of a soil erosion plan approved by the West Greeley Soil Conservation District. d. Letters from the New Raymer Fire Protection Services and the Office of Emergency Management shall be submitted to the Department of Planning Services staff acknowledging receipt of the map showing location of the gas supply shut-off valves. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: I WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirby, Ch rman EXCUSED DATE OF SIGNING - AYE BY: enicit,m4a/ / � Jacqueline Johnson, Pro-Tem eputy County C erk EXCUSED APPR VED AS TO FORM: Gene R. Brantner George K nn y County Attorney / Go acy 890057 DEVELOPMENT STANDARDS Redwave, Limited, Hudson Bay Centre USR-861 1 . The Special Review Permit and Site Specific Development Plan is for an oil and gas support and service facility in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as amended. 3 . No permanent disposal of wastes shall be permitted at this site. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4 . Required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 5 . All liquid storage tanks shall be bermed to contain the greatest amount of liquid possible that can be released from the largest storage tank, in the event of spillage. 6 . Fugitive dust shall be confined on site . 7 . Maximum permissible noise level shall not exceed the industrial limit of 80 db (A) , as measured according to 25-12-102 , Colorado Revised Statutes. 8 . The soil erosion plan approved by the West Greeley Soil Conservation District shall be maintained. 9 . No less than one 40A 240BC rated fire extinguishers shall be located on the Special Review site at all times. 10 . A current map of the location of the gas supply shutoff valves shall be maintained with the New Raymer Fire Protection District and the Office of Emergency Management. 11 . The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 290057 Page 2 DEVELOPMENT STANDARDS - REDWAVE, LIMITED 12 . 7111 construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 14 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 15 . Personnel from the Weld County Health Department, Office of -Emergency Management, New Raymer Fire District, and Weld County Department of Planning Services 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. 16 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major 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 Planning Commission and the 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. 17. 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 . $90057 HEARING CERTIFICATION DOCKET NO. 88--84 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECI-AL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - REDWAVE, LIMITED A public hearing was conducted on January 11 , 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner - Excused Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff assistant County Attorney, Lee D. Morrison Planning Department representative, Brian Bingle The following business was transacted: 7 hereby certify that pursuant to a notice dated December 14, 1988, and duly published December 28, 1988, in the Platteville Herald, a public tearing was conducted to consider the request of Redwave, Limited for a _Site Specific Development Plan and Special Review Permit for an oil and gas support facility in the A (Agricultural) Zone District. Chairman Kirby stated that, only four Commissioners being present, if this tearing should result in a tie vote, the absent Commissioner would review the record and listen to the tape of this hearing prior to casting the deciding vote. Lee Morrison, Assistant County Attorney, made this matter of record. Brian Bingle, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. David Forson, consultant, represented the Applicant. He stated that the applicant has no problem with the recommended Conditions and Development Standards. No public comment was offered concerning this request. Commissioner Lacy moved to approve this request for a Site Specific Development Plan and Special -Review Permit, subject to the 3 Conditions and 17 Development Standards -proposed by the Planning Commission. Seconded by Commissioner Johnson, the motion carried unanimously. This Certification was approved on the 16th day of January, 1989. APPROVED: c,/ ,2,� 6--,,t. , 1431''i.� .�, BOARD OF COUNTY COMMISSIONERS ATTEST: i `",{ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Bo C.W. Kirby," Chai an -8y oriaw_o_ '``-7 1-&-) DATE OF APPROVAL eputy County Cl rk Jacqueline Johnson, Pro-Tem EXCUSED Gene R. Brantner I George Kenne y . c TAPE #89-2 DOCKET #88-84 PL0453 ,�yr �1, ,1' .. ..:C • i i 890057 PUBLIC NOTICE The Board of County Commissioners of -Weld -County, Colorado, on January 11, 1989, conditionally approved a Site Specific Development P1-an and -a Special Review Permit for the property and purpose -described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 2-4, C.R.S. , as amended, for a period of three years. APPLICANT: Redwave, Limited Hudson Bay Centre 1600 Stout Street Denver, Colorado 80202 L-EGAL tESCRIPTION: Part of the SW} of Section 4, Township 8 North, Range 58 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Oil and gas support facility in the A (Agricultural) Zone District SIZE OF PARCEL: 2. 75 acres, -tore or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: January 18, 1989, in the "Platteville Herald 89005 A f f idavit-of Publication STATE OF COLORADO • Countyxf weld ss. I A.WinklerRiesel of said County of Weld being duly sworn,-say that I am_publisher of PLATTEVILLE H_ER-ALD that, the same Isa weekly newspaper ofgeneralsirculation was printed and-published In_the town of PLATTEVILLE in said county and state that the notice of advertisement.Mf which paid 2 144 January the annexed is a true copy has been published in said weekly newspaper for consecutive weeks: PUBLIC NOTICE that the notice was published in the regular and entire issue of every The heard of County number of said newspaper durin,g the period-and time of publication xpwNeloners el Weld County, of said notice and in the newspaper proper and not in a supplement Telende, on January it, ease, thereof:that the first publication of said notice was contained in the senditlanslly -approved • Site of said newspaper beating the date of SpseNle-Development Plan and a Specie, Review -Permit for the L-4 /i A.D..19 and the last publication �rapnty •re, purple.Approvdescrial as P Slow. Conditional approval of f.in the a of said newspaper,bearing date. -this pen enable • sled prop- c -rely p• ASH debt eurd to As 88-of the /° day of w TM*24,B.-IL S.,es emended,for pared el three years. 1937 that the said APP Limited t outy-Street Centre 1ATTEVILLE HERALD Denver; Colored 50202 LEOAii.DESCRIPTION: Part of has been published continuously and uninterruptedly_during the the S . V4 of Section 4, period of at least fifty-two consecutive weeks next prior to the first Townelifp• North, Ranee 58 West issue thereof containing said notice or advertisement above referred of the Sib P. M., Weld County, to: and that-said newspaper was at the time of each of the Colored' publications of said notice duly qualified forthat purpose within the TYPE., AND INTENSITY -OF meaning of an act entitled. "An Act Concerning Legal Notices. APPROVED USE: Oil and gas Advertisements and Publications and the Fees of Printers and muppeil facility In the A trIct Publishers thereo and to Repeal all is and Parts of Acts m - (A SIZE,OF q ARC : �P SIZE, PARCEL: 2.75 acres, Connie 'Kith the v151w1s of this Act{,,• . .. - . 1921, mere drew all am en eteof,/and parti-•{ _ am .ded by act F•NuO'to abide by the terms app .fI y. .y 13 93 end esetlitlsm of approved will result e•ferWhrre of the vested Hat/� �� SINS Hat „eft blLshQ BOARD OF COUNTY COMMISSIONERS Subbed and sworn to before me this /1 day of WELD COUNTY, COLORADO A.D. 19r7 BY: MARY ANN FEUERSTEIN teh_s i) COUNTY CLERK -AND RECORDER LP/I,b 'f- -AND CLERK TO THE BOARD Notary Public BY:MaryRNft Deputy FOPn'LUTON 1' rtes PaeNprd in the -Platteville 415 Denver Ave. J■nwy te, nee. Fort Lupton,CO 80621 My commission expires June 1992 My Commission expires June 30, 1992 890057 J ATTENDANCT RECORD PLEASE write or print legibly your name, address _and the name of the applicant or Docket # for the hearing you are attending . TODAY' S HEARINGS ARE AS FOLLOWS : JANUARY 11, 1989 DOCKET # 88-84 - USR-OIL & GAS SUPPORT FACILITY - REDWAVE, LIMITED DOCKET # 88-85 - USR-GENERAL RESEARCH LABORATORY - MONFORT, INC. DOCKET # NAME , (� I ADI`-RESS7 Co—ed' HEARING ATTENDING t ` ` �&I (rf� �i/Yi/i c �- / �Q�i vt c i � c Iv ! � ��h /4,775-1 cry f / -.& 11 °Gr> -,6 5 2 8iUUb7 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, -Weld County Centennial Center, 915 10th Street, -First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special -Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall the advised in -writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be 'borne by the -requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may the examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 913 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 88-84 Redwave, Limited Hudson 73ay Centre 1600 Stout Street Denver, Colorado 80202 DATE: January 11, 1989 TIME: 10:DD A.M. REQUEST: Site Specific Development -Plan and Special Review Permit - Oil and gas support facility in the A (Agricultural) Zone District LEGAL -DESCRIPTION: Part of the SWk of Section 4, Township -8 North, Range 58 West of the 6th P.M. , Weld County, Colorado LOCATION: _Approximately 3.5 -miles north of the Town of New Raymer; -north of Weld County Road -96 and -west of Weld County _Road 1274 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO P HE BOARD BY: Mary Reiff, Deputy DATED: December 14, 1988 PUBLISHED: -December 28, 1988, in the Platteville Herald F 890057 Affidavit of Publication STATE OF COLORADO County of Weld ss. • I A.-Winkler Rfesetmf said County of Weld being duly sworn.say that I am publisher of Bite EPO*IRs Development PLATTEVILLE A T T E V I L L E HERALD plan and-SpeciN Review Per- mit snit requested to attend that. the same is a weekly newspaper of general circulation-was end may be heard. printed and published In the town of Should PLATTFVILLE Inteented papyd,aln h• ;ranee of•ew.t-rperler to in said county andatatelhat the notice of advertisement.of which make•mead of the proceed- the annexed as a true copy has been published In-said-weekly _Inge, In edatlon to_the taped newspaper for record -will be ha at. lag the hearing, the Clerk to tie a Beefs Office n be con- tested,weeks: tested Ace • list of cer9Ned thatlhe notice was publishedln the regular and entire e Issue of way court isperter•In Mmrarlf■ court reporter numbof-sai notice and in newspaper during the period andllme of publication Clerk. ,is obtained, gNthe papa proper and not In a supplement eat Marisa hi writing of 3hereoflhat the first publication-of-said notice was contained in the eucha lion at West-gm days Issue�of said newspaper bearing the ddaatemf prlora the hearing. The cost LXibL.ka_l&iJfA.D..19 d6 and the_last publication shall of hepMme by t• he regrn thereof.in the issue of said newspaper.diearmg date, Ip Perth the TIT 'lay of BE IT ALSO KNOWN that the text and maps so,codified by A the Mal'County Planning Arcs-PA 1�C. that the said Connotation may be examined In the office ofthe Clerk to the Boadal'Canty Commission-. P1A7TEVILlE HERALD •r•, located In the We id Canty CanMaS Tenter, 016 has been published continuously and uninterruptedly'Curing the teth MML Third Neer.-Oren period of at least fifty-two consecutive-weeks next prior to the first tey'CdRede. Issue thereof containing said notice oradverusementahove referred DOCKET Na Nat to:and that said newspaper was at the time of each of the publications of said notice duly qualified for that purpose within the - APPLICANT meaning of an act-entitled, yin Mt Concerning Legal Notices. Redwsa, Limited Advertisements and Publications and the Fees of Printers and lhrdeonaay Centre Publishers thereof. and to Repeal all Acts ant Par f Acts 1100 Stout-Street Conflkt with th tonsmflhls !a A 17, I. Denver, Colorado 00202 all dm thereof, and par 1 y/a am tided y act OATS:January 11, te a I 3.and t a <. / TUE: 1000 am. • r-,,,_ Publisher REQUEST: Site Specific M• eelofnant Na and Special 3u cribed sworn to bef a me this .Z Review Permit - Oil and gas C _f' day of support,facility In the A A.D. 19 G (AgrliSNral) Zone-District 777 �--'� LEGAL.D 71O Pal of the 1/4 of Atha 1/4 of Section 4, nel Towdp $ North, d0 h, Ren Notary PublicWesta7. the she P.LL, Weld County, Colorado. FC1' LUPT0N „-FIFSS LOCATION:-Approximately 4.5 41u'r7.:V"e%ALn. miles north ofJhe Town of New FO':'i[!Ir'- CO 60;321Raylaft-north of-Weld County Road Nand west of Weld au* Reed 127 112, au* NOTICE BOARD-OF 7AUNTYS'ON- My commission expires June 1992 NISSIONERS Pursuant-to the zoning laws of WEL. COUNTY, COLORADO the State of'Cslaob-end-the My Commission expires June 30, 1992 Weld 'County Zoning Ordi- CraAery Ann Permnbin naa. •public hearing will be _County Clerk and Recorder held In line Chambers of the and Clerk to the Board Board of County Commission- ers of Weld County, Colorado, BY: Nary Reiff, Deputy Weld County Centennial Cen- ter, 916 10th Street, First DAVID: December 14, 160 Floor, Greeley, Colorado, at Publlabed' in the Platteville the OmeapscIled. Al aeons in my nether baamated in me Herald December 0, 16M. 890057 AFFIDAVIT OF PUBLICATION STATE aF COLORADO, 'County of Morgan. ss. Fern II. "pen-cer being of lawful age and first duly sworn on his oath, states that he is the CLrculation T4gr . of The Fort Morgan Times; that The Fort Morgan Times is a daily newspaper of general circulation and printed and published in the City of Fort Morgan in the County of Morgan, State of Colorado; that said daily-newspaper has been published in said Morgan County, Colorado, uninterruptedly and continuously during the period of at least twelve months next prior to the first issue thereof containing the annexed TT O t i e e — NOTICE Pursuant to the zoning laws of tha gate of -._— — Colorado and the Weld County ypdna Or- dinance, a public hearing will be-herd in the Chambers of the Board of-County Com- missioners of Weld County _Colorado, Weld -- _ County Centennial Center,91510th Stree,First Floor,Greeley,Colorado,at the time specified. that said daily newspaper is a _daily newspaper and -All aqv toter teed wap Site qualified for that purpose within the meaning of the Act Scecif�c opmaa end spxiaifllbyl of the General Assembly of the State of Colorado, ap- it.°''e requested to attend and may be y` proved March 30, 1923, and entitled, An act to amend Should the applicant or any interested party an Act entitled '-An Act concerning legal notices, adver- desire the presence of acourt.reportertomakea record of the proceedings in addition to the tisements and publications and the fees of printers and taped record which will be kept during the publishers thereof, and to repeal all acts and parts of hearing,the Clerk of the Board's Office can be acts in conflict with the provisions_of thisact,"' bein contacted for a list of certified court reporters in Section 1 to 10 inclusive the area. If a court reporter is obtained, the pages 404 to 409 inclusive of Clerk to the-Board's Office shall be advised in Chapter 139 (pertaining to legal notices and advertise- writing a such action at least five days prior to meats) of the-Session Laws of the State of Colorado for -rthe hearing. T exosttvof engaging a court 1923, as amended by Chapter 113,Session Laws 1931; -BE TT ALSO KNOWN-t at the text and party. N so certified by the Weld County Planning that the annexed 0tice �Commission may be examined in the officeof the Clerk to the Board ofrounty Commi rs, located in the Weld-County Centennial ter, --_ 915 Ou13treet,Third Floor,Greeley,-CWora o. was published in the regular ilaily and entire issue of EE'Trxo.se-s4 APPLICANT said daily newspaper on Wednesday Redwave,Limited Yof each Hudson Bay Centre 1600 Stout Street Denver,Colorado 80202 successiveI_ _insertions; January 11,1969 for a-Period of _ nsertlons- TIME:10:00 A.M. that the first publication of said _I':_O_t.1S.e REQUEST:site- ific Development Plan and special Review Thin& - O11 and gas support facility in AYA¢ricultural)Zone Destric..' LEGAL D CRIPTION: Part of the SW4a of was in the-regular Section 9 iD 8 North Range 58 West of daily issue of said daily newspaper the Rh P.kt., eld County,Caorado. Ike CE m heel' 2fj 8 LOCATION:Amwosimately 5.5 miles north of dated 19- the Town of New Balmer;north of Weld County and the last-publication thereof-was in the daily Raed99 andwestof Weld Counttyy Road 12(71/4. issue BOARD to COUNTY COMMISSIONERS WELD COUNTY CO G of said newspaper dated DB CB tuber 28 , 19_d B � MARY-ANN FIRauil t AND CLERK E TO THE 61 Bo R IN WITNESS WHEREOF, I-have hereunto set my TY:-Mary Reiff,Deputy t('1 7e C e orb 8 r 1�'') MATED:December 14 1988 hand this 29 day-of�__ _ 19 -PUBLISHED:-December 89, 1988 in The Fort Morgan Times STATE OF COLORADO, County of Morgan ss. Subscribed and sworn to before me, Robert W. spencer a Notary Public in and for the County andState afore- said by-'trn__II. Mpencer tkis 29th day of December ti , A.D.19. . My commission expires F13b • 11, 1989 ki 11 Notary-Pnblic 890057 DATE: December 14 , 1988 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearings for the 11th day of Uanuary, 198S , at 10 :00 A.M. ' Docket No. 88-84 - Site Specific Development _Plan and Special Review Permit for an oil and gas support facility in the A (Agricultral) Zone District - Redwave, Limited, Hudson Bay Centre Docket No. E8-85 - Site Specific Development Plan and Special Review Permit for a general research laboratory located in the C-3 (Commercial) Zone District - Monfort, Incorporated OFFICE OOFFj THE CLE TO THE BOARD BY: / /..l!/te, % Deputy le The above mentioned hearing date and hearing time may be scheduled on the agenda as -stated above. BOARD OF COUNTY COMMISSIONERS WELD ITNTY, COLORADO it aes - ` - taibre 590057 Summary of the Weld County Planning Commission Meeting December 6, 1988 Page 6 The Chairman anrounced the applicant's representative has asked that the comments pertaining to the Special Review permit be applied to this request. Therefore, no further testimony will be heard. The Chairman asked Rod Allison to read the recommend-ation of the Department of Planning Services' staff -into the record. MOTION: Jerry Kiefer moved the request of Tire Mountain, Inc. , for a Certificate of Designation for a tire landfill be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation of the Department of Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by Rick Iverson. The Chairman called for discussion from the members of the Planning Commission. Discussion -followed The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jerry Kiefer - yes; Rick Iverson - yes; Ann Garrison - yes; Ernie Ross - yes; Bud Halldorson - yes. Motion carried unanimously. 5:25 pan. Ann Garrison has left the meeting. CASE NUMBER: USR-861 APPLICANT:/14 Redwave, Limited, -Iudson Bay Centre REQUEST: A Site Specific Development Plan and a Special Review permit for an Oil and -Gas Support and Service Facility in the A (Agricultural) Zone district. LEGAL DESCRIPTION: Part of the SW} of Section 4, T8N, R58W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 5 .5 miles north of the Town of New 3taymer; north of Weld County Road 96, west -of Weld County Road 127-1/2. APPEARANCE: David Forson represented the applicant. This site is 5.5 miles north of New Raymer. Redwave, Ltd. , is a natural gas -pipeline gathering company presently gathering gas in the area of New Raymer. It is necessary to recompress this gas for delivery into pipelines for she sale of natural gas. Natural gas must -be stripped of liquids before it can be sold. The liquid products, which are hydrocarbons, will be stored and hauled off as -propane, butane, etc. 890O57 Summary of the Weld County Planning Commission Meeting December 6, 1988 Page 7 The Chairman called for discussion from the members of the audience. There was none. The Chairman asked the applicant if they had reviewed the recommendation, conditions, and Development Standards outlined by the staff? He state he had and they agree to conform with these requirements. The Chairman asked that the staff's recommendation, and the conditions and Development Standards be filed with the summary as a permanent record of these proceedings. MOTION: Rick Iverson moved Case Number USR-861 for Redwave, Ltd. , Hudson Bay Centre, for a site specific development plan and a special review permit for an oil and gas support and service facility in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Development Standards outlined by the Department of Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by Ernie Ross. The Chairman called for discussion from the members of the Planning Commission. Discussion followed The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jerry Kiefer - yes; Rick Iverson - yes; Ernie Ross - yes; Bud Halldorson - yes. Motion carried unanimously. CASE NUMBER: USR-862 APPLICANT: Charles E. and Karen A. Walker REQUEST: A Site Specific Development Plan and a Special Review permit for an accessory building with gross floor area larger than 1,500 square feet on a lot in an approved and recorded subdivision in the A (Agricultural) Zone district. LEGAL DESCRIPTION: Lot 6, Block 2, JoAnn Subdivision, Weld County, Colorado LOCATION: Approximately 1 mile northwest of the Town of Lochbuie; north of Weld County Road 4 on Bailey Drive. APPEARANCE: Charles Walker, property owner and applicant. This request is for a wilding larger than 1,500 square feet in a subdivision. This building is to be used for storage of personal items. The Chairman called for discussion from the members of the audience. There was none. -89Q®5'7 DEC 1 21988 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIO nNer t . ("m.o. RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Rick Iverson that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USA-861 NAME: Redwave, Limited, Hudson Bay Centre ADDRESS: 1600 Stout Street, Denver, CO 80202 REQUEST: Site Specific Development Plan and a Special Use permit for an Oil and Gas Support Facility in the A (Agricultural) Zone district. IEGAL DESCRIPTION: Part of the SW} of Section 4, T8N, R58W of the 6th P.M. , Weld County, Colorado SIZE OF PARCEL: 2.75 Acres, more or less LOCATION: Approximately 5.5 miles north of the Town of New Raymer; north of Weld County Road 96 and west of Weld County Road 127-1/2. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposed use is located within an A (Agricultural) Zone district and is consistent with the Weld County Comprehensive Plan's Agricultural Goals and Policies. The proposed use will not infringe on the continued agricultural use in the vicinity or County. The proposed use does not appear to have any adverse impacts on the agricultural interests of the County or the environment. - The proposed use is consistent with the intent of the A (Agricultural) Zone district and is provided for as a Use by Special Review. - The proposed use is compatible with the existing surrounding agricultural uses as well as with the future proposed development in the immediate area. The future uses are projected to remain agricultural in nature. 890057 Redwave, Limited USA-861 Page 2 - No overlay districts affect the site. - The applicant has demonstrated a diligent effort in conserving productive agricultural land in the locational decision for the proposed use by special review. Special review development standards and conditions for approval will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1 . The attached development standards for the special review permit shall be adopted and placed on the special review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The special review activity shall not occur nor shall any additional 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. 3. Prior to the recording of the use by special review plat, the following shall occur: - The applicant shall submit an application for and obtain approval of a Subdivision Exemption . - The applicant shall submit a plat that is acceptable for recording purposes. - The applicant shall submit to the Department of Planning Services an approved copy of a soil erosion plan approved by the West Greeley Soil Conservation District. - Letters from the New Raymer Fire Protection Services and the Office of Emergency Management shall be submitted to the Department of Planning Services' staff acknowledging receipt of the map showing location of the gas supply shut-off valves. 890057 Redwave, Limited IISR-861 Page 3 -Motion seconded by Ernie Ross. VOTE: For Passage Against Passage ,Terry Kiefer Rick Iverson Ernie Ross Bud Halldorson The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the _file of this case to the Board of County Commissioners for further proceedings. -CERTIFICATION OF COPY 1, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted _on December 6, 1988, and recorded in Book No. XII of the proceedings of the Planning Commission. Fated the 7th day of December, 1988. CAct Bobbie Good Secretary 890057 INVENTORY OF ITEMS -SUBMITTED FOR CONSIDERATION Lase Number LISA -sC1 Submitted or Prep-ared Prior to Hearing At Hearing 1. Application 1 ' Pages 2, I App1ication. plat(s) I page(s) • 3. DPS Referral Summary -sheet 4. DPS Recommendation 5. DPS Surrounding -ropery Owner Mailing List ✓ 6. DPS Miner-al Owners Mailing List / 7. 2 DPS Naps Prepared by Planning Technician a, 8. DPS Notice of Hearing 9. DPS Case Summary Sheet ✓ 10. DPS Field Check ' 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. f 2 J I hereby certify that the i items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commis, lon hearing. I further certify that these items were forwarded to the Clerk to the Board 's office on •. ,-..g 3z ¶1-2 19-e Cc en la . STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS ‘7. DAY 9FeajawA y%, 19 _, SEAI. My Commission Expires Feb. 13, 1989 NOTARY O PUBLIC C lave 0Q Ex A- 890057 n / EXHIBIT INVENTORY CONTROL SHEET i t- Case ��J/T e-N %tal /2( Exhibit Submitted By Exhibit Description A. /Anvil- So anzi.N'o'/_tI7y c (.4121/427A ,./C..I (607/..7,J//. B. CU//1/47� ,a /O+2/!IX) /( .e?,62n&e te://23 C. D. 0,/lE' 6Wj hdt, �y 27i/'ez/Yi- E. e-e1A d K. u/z. /la/Lem. ,7/(iti,e.t, F. G. - H. I. J. K. L. M. N. 0. 890057 DATE: December 6, 1988 CASE NUMBER: USR-861 NAME: Redwave, Limited, Hudson Bay Centre ADDRESS: 1600 Stout -Street, Denver, CO 80202 REQUEST: Site Specific Development Plan and a Special Use permit for an Oil and Gas Support Facility in the A (Agricultural) Zone district. LEGAL IESCRIPTION: Part of the SWi of Section 4, T8N, R58W of the 6th P.M. , Weld County, Colorado SIZ-E CF IPARCEL: 2.75 Acres, more or less LOCATION: Approximately 5.5 miles north of the Town of New Replier; north of Weld County Road 96 and -west of Weld County Road 127-1/2. THE DEPARTMENT OF PLANNING SERVICES' STAFF -RECOMMENDS THAT THIS BEQUEST -BE APPROVED -FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Secti-on 2-4.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the appli-cant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The -proposed use is located within an A (Agricultural) Zone district and is consistent with the Weld County Comprehensive Plan's Agricultural _Goals and Policies. The proposed use will -not infringe to the _continued agricultural use in the vicinity or County. The proposed use does not appear to have any adverse impacts on the -agricultural interests of the County or the environment. - The -proposed use it consistent with the intent of the A (Agricultural) Zone district and is provi-ded for as a Ilse by Special Review. - The _proposed use is compatible with -the existing surrounding agricultural uses as well as -with the future propns-ed development in the immediate area. The future uses are projected to remain agricultural in nature. - No overlay districts affect the site. - The applicant has demonstrated a diligent -effort in conservi-:g productive agricultural land in the locational decision for the proposed use by special review. 880057 Redwave, Limited IISR-861 Page 2 Special review development standards and conditions for approval will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1 . The attached development standards for the special review permit shall be adopted and placed on the special review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The special review activity shall not occur nor shall any additional 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. 3. Prior to the recording of the use by special review plat, the following shall occur: The applicant shall submit an application for and obtain approval of a Subdivision Exemption . The applicant shall submit a plat that is acceptable for recording purposes. - The applicant shall submit to the Department of Planning Services an approved copy of a soil erosion plan approved by the West Greeley Soil Conservation District. - Letters from the New Rsymer Fire Protection Services and the Office of Emergency Management shall be submitted to the Department of Planning Services' staff acknowledging receipt of the map showing location of the gas supply shut-off valves. 890057 LAND-USE APPLICATION SUMMARY SHEET DATE: November 29, 1988 NAME: Redwave, Ltd. , Hudson Bay Centre ADDRESS: 1600 Stout Street, Denver, CO 80202 REQUEST: Site Specific Development Plan and a Special Review permit for an Oil and Gas Support and Service Facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW$ of Section 4, T8N, R58W of the 6th P.M. , Weld County, Colorado SIZE OF PARCEL: 2.75 Acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the Weld County Health Department, Weld County Office of Emergency Management, and the Greeley Soil Conservation Service. Copies of these referral responses are included in this summary packet. The Department of Planning Services' staff has not received any objections from surrounding property owners. 890057 * a .. ,,,, , , .- T I -t - Jh.. 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"ii ..,x,,,z, ',....04-•!•,4"ii.-.ilk&-...,.',......,.......Or:444‘....-A.,,_.o",%:,,,L - ,.. . ..:. 46.` •• • 'A,,,,,,_tjt -fit'-'..." ...•,-..' .;,' - i. •'! '":. x x`'�': .r a. ,*i , t .e:y+ • 4,.i ri•l'-'.bi: .ki.4..r. -‘r• .I . • iii ' •• f�' #. 'f4.,, . c: 'R � .,r. s . ,R. i►r r" ' +.6 '0� ' _ '.F �:~ -♦• ,.. -.4- R.+. ;N-.. ^p=_:" v. uR ':a • ,{•` '+ 4it'rt«.� a•. t. • -r,i..f�ay. • ''; .t#. 9 e � , = s, 5 .� y tee•�a _ . ,. �y� ..40- q •,,r. .'``,•i':.,4; -.t'.. • �"�."!O'!' s t '` " ry ' �/'/_ '�`' x • .i'ha" r..+•tn'�;Q �"w'�'i,A.-�' '2. ,r•• `04.. . •. . +•'•`•i_' _£,;-• t-Y:' -.r't`; - - .., ••�-1�1GR 125 '. .. 890057 FIELD CHECK FILING NUMBER: USR-861 TATE OF INSPECTION: October 26, 1988 NAME: Redwave, Limited, Eudson Bay Centre REQUEST: A Site Specific Development Pland and a Special Review permit for an oil and gas support facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SWk of Section 4, TEN, R58W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 5-1/2 miles north of the Town of New Raymer; north of Weld County Road 96, nest of Weld County Road 127-1/2. ..AND USE: N Grass land E Grass land, tank batteries 5 Weld County Road 96, grass land, tank batteries W Grass lands, tank batteries ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Existing on the site are two compressors in operation, one tank battery, and a 30,000 gallon liquid storage tank. Access is from the south of the property off of Weld County Road 96, a County local road. The property has a natural drainage in a southerly direction towards Weld County Roac 96. The surrounding uses of the land are exclusively for oil and gas production. By: 7�Bria 7BIn re — Lut ent Planner 890057 UNITED STATES Soil 4302 W. 9th Et. Rd. _DEPARTMENT OF C:c,nservat i rm Greeley, CD `:pf-,:34 AGRICULTURE Service (303)356-6506 No,'.'ernb,er- 8, 19E:E: M i i .ton Baumgartner West Greeley Soil Conservation District P.O. L,o;, 86 Greeley, CO 80632 Dear Mr . Baumgartner : Weld County Case Number- : USR-5r_,1 i i-save reviewed the above site plan Ian frorrh wave Re,� , Limited , i',:,r- a site specific development plan and a spec i a l review permit for support and services facility.i i t , 'y. The par-c:e� , of land is described as part ,.,•I'the SW 1/4 of Section 4-._-5'-,r Weld County, Colorado . I recommend approval of this request with I th the F , I ow i nj comments . 1 . The site is located on 3.r, area of principally fig s ='�`• -• 1 ,:, C?g according cal fine sandy loam ��.- p r d i n3 :�.. _�, ,_ K,,he Weld d County Soil I Survey, Northern Part . This • sso i l is very prone to wind erosion when there is not adequate surface protection and because of this slope is prone to water erosion . 2. The site plan does not reference what surface cover- wi I I be performed after construction and installation . Will the site be gravelled? Will it be re'vegetated immediately or only after- vacated Is surface runoff to be diverted around the site or will it run acr oss the site? Is the planned s{, i i cover adequate t,:, lessen water erosion? Ni l 1 storm water runoff be retained or, the site or a I 1 owed t':' leave the site and are these outlets protected for erosion . These comments are provided to raise questions with the applicant to insure that proper- site planning has beer, completed or anticipated . • 1c.L r 'I, r •• Ronald D. iii l Ier- District Conservationist Greeley Field Office 890057 FIELD CHECK Filing Number: USR-861 Date o₹ Inspection: /L! '— .{ 7 --3Y Applicant' s Name: Redwave, Limited Bequest: -Site specific development plan and a special review permit for an oil and gas support and services ₹acility. Legal Description: Part of the SWI of Section 4, T8N, R58W of the 6th P.N. , Weld County, Colorado Location: Approximately 5-1/2 miles north of the Town of New Raymer, north of Weld County Road 96 , and west of Weld County Road 127-1/2. Land Use: N 6/'c- 5.. /cc ci el `^ [ ✓ „/„. .., ,y ,. S <-_, C: jc /c-- i, c/ Zoning: ] A (Agricultural) A (Agricultural) 62 A (Agricultural) .✓ A (Agricultural) COMMENTS: , ignaturiz' of Board Member 890057 •� {�i' ,\' F i. l� rt ` c. l 1 Weld County Ylanning October 31, 1988 iin 'a . To Date COLORADO -Health Protection Services /a ' Trom CitLe' ' ,C:, C.�✓1�7.Gd ✓ Case Number: USR-861 'Name:/// Redwave, Limited Subject: Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, treatments, anti-freeze, and Dther associated liquid and solid wastes, ahall the stored and removed for final Eisposal in a manner that protects against surface and groundwater contamination. 2. Required Emissions -Permit is obtained from the Air Pollution Control Division, Colorado Department of Health. 3. No permanent disposal of wastes shall be permitted at this site. 4. A spillage retention berm shall b-e Tequired around the tank -battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. 5. Tugitive dust must be confined on this site. 6. Maximum permissible noise level shall not exceed the industrial limit of BOdb(A) , as measured according to 25-12-102, -Colorado Revised Statues. 7 HPS/dgc j_. \1 N0V 2 1988 ii( L_ —_y .i ,'Feld Co. Glaunink ;.i ELi%_:u 890057 DEPAR"t . _NT OF PLANNING SERVICES rit. ;--, -- , PHONE(303)356-4000 EXT. 4400 Lk. 915 10th STREET GREELEY,LOLORpA�DO[8063{110 7� i Y E L.r". CASE NUMBER USR-861 PAWNEE 7� COLOR DO• .IATIONAL nRASSLANO COLOR 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from Ztedwave, Limited, for a site specific development plan and a special _review permit for an oil and gas support and services facility. The parcel of land is tlescribed as part of the SW} of Section 4, TEN, R5VW of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this -application has been submitted is approximately 5-1/2 -miles north of the -Town of New Raymer, north of Weld County Road -96, and west of Weld County Road 127-1/2. This application is submitted to your office for review and recommendation. Any comments -or recommendation you consider relevant to this request Mould be appreciated. Your prompt repay will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by November 7, 19-88, so that we may give full consideration to your recommendation. Please call _Brian J. -ingle, Current Planner, if you hays any questions -about this _referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We laved this request and fnd that the request (does/ oes not) comply with our Comprehensive Plan for the o owir, e sons. 4 `L V c c ,_pa 2. We do not h a Comprehensive Plan, but we feel this request (is/ s not) compatible with the interests cf our c. for t o'owing reasons: 76- -,1 - ,-o-7,4e- :_-‘,” r' — [-=—_-:____i 3. We have revieeed the -proposal and find no conflicts with cur C' 3) interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. _Please refer to/the the enclosed letter. Signed: ...Cr. Agency: 2...SD,g//9R alEV/Cr ;ijfE1---- Date: • /er 4°13!: Dicziaae ,r7s 4/. Il7ar en / / 890057 f• Aft s ;-, WELD COUNTY OFFICE OF EMERGENCY MANAGEMEN aA7 - ary .-�{ PHONE (303) 356-4000, c;r :2,' 1 i PO+lOX 7°_ GREELTV. COLORADO 8053" _ a . i4, r: ii., h c: • COLCEAD0 November 2 1988 TO: Department of Planning Services FROM: Ed Herring, OEM " REF: USR-861 /// Upon review of this USR-861 , I find that the proposal -has no conflicts with our interests. There are a few things that I do question and will have to be -done upon compl-etion of the facility. These fall under the vederal Superfund Amendment and Reauthorization Act (SARA) -Title SII of 1986. The questions I have are: 1. Number 2.M. indicates 30,000 gallons of LPG. This is over the MSDS requirement of SARA Title III. This same 'item indicates storage Al 300 bbl of an unknown substance. 2. Glycol, CAS#107-21-1 is a SARA Title III section 313 regulated chemical only with state reports due. County reports are due in quenties over 500 lbs after 092388 for MSDS' and Tier II due by G30189. 3. Unknown what type and quanity of refrigerant is to be used on site to know -if it is a regulated chemical. /n 171, c-87 Pill r ri-0 ,, c,„_,„„5",-, ,, , , , L__ __, i,! Nov 3 198& �I I�5 i &Idea. Mari 4li 1 i�1 890057 • REFERRAL LIST APPLICANT: Redwave, Limited CASE NUMBER: USR-861 SENT REFERRALS OUT: October 20, 1988 REFERRALS TO BE RECEIVED BY: November 7, 1988 NO SR NR NO SR NR X County Attorney X Veld County Health Department X Engineering Department X Office of emergency Management Ed Barring X Colorado Department of Natural Resources Oil and Las Commission Natural Resources 1317 Sherman Street • Denver, CO 80203 X New Rayner Fire District Box 92 New Rayner, CC 80742 Y/ X Greeley Soil Conservation Service I•[oiU , 4302 West -9th Street Greeley, CO 80634 X _Panhandle -Eastern Pipe Line 635 North 7-th Street Brighton, CO 80601 '/ X U.S. Forest Service c/o Mr. Bud Philips Pawnee Grass _Lands 2017 9th Street Greeley, _CD 80631 X Planning Commission Member Jerry Barnett Route 1 Grover, CO 130725 NO=No Objection SR=Specific Recommendations NR=No Response 890057 REDWAVE LIMITED USR-861 SURROUNDING PROPERTY OWNERS SURROUNDING MINERAL OWNERS . t Dennis D. and Nancy L. Bringelson 42904 Weld County Road 127 New Rayrer, CO 80742 U.B. Forest Service c/o Bud Philips 2017 9th Street Greeley, CC 80631 Viola B. Bringelson 802 South 5th Avenue Sterling, CO 80751 830057 Diversified Operating Company located. in Denver Colorado is Lessee of mineral rights from Dennis D Bringelson 48904 Weld County Road 127 New Raymer Colorado 80742 and Viola B Bringelson 802 South 5th Ave Sterling Colorado 80751 890059 Affidavit of Publication ./ STATE OF COLORADO County of Weld ss. I A.Winkler Riegel of said County of Weld being duly sworn,say that I am publisher of Platteville Herald that. the same is a weekly newspaper of general circulation was printed and published in the town of P l a t r evi l l_P NOTICE OF PUBLIC HEARING In said countyand state that the notice of advertisement.of which the annexed is a true copy has been published in said weekly The Wald-County Planning Com- newspaper for mission will hold a public hearing on Tuesday, Decembers, 1988, v a at 1:30 p.m. for the purpose of consecutive weeks: considering a Site Specific De- I Re- �I that the notice wae_publlshcd in the regular and entire issue of every velopmant Plan end Special ' number of said newspaper duringthe period-and time of publication view permit for the property and of said notice and in the newspaper proper and-not in a supplement the purpose described mbay of there request ma ere- thereof:that the that publication of said notice was contained in the ate • vested property right pur- issue'off said newspaper bearing the date of pur- suant to Colorado Lew. I i i ett,. >fP A.D.,19.1( APPLICANT: Redweve, Limited ! and the last publication thereof,in the issue of said-newspaper,bearing date, LEGAL DESCRIPTION: Pert of the SW 1/4 of Section 4, TON, R58W the day of of the 5th P.M., Weld County, Colorado Lc 19 11that the-said TYPE AND INTENSITE OF PRO- POSED USE: An oil and gas sup- port end services facility in the A P la t PVl 11P Np rp 1 d (Agritmlluraq zone district has been published continuously and uninterruptedly during the y LOCATION: Appreximate) 5-112 period of at least fifty-two consecutive weeks-next prior to the first miles north of the Tawn of New issue thereof containing said notice or advertisement above referred Re mar, north of Weld County y and west of Weld to:and that said newspaper was at the time of each at the poatl 96, publications of said-noticeduly qualified for that-purpose within the Courtly Roed 12T-1/2. meaninga(an act entitled, "An Act Concerning Legal Notices. SIZE:2.75-Acres, more-or lees Advertisements and Publications and the Fees of-Printers and Publishers thcreof,and to Repeal all Acts anted to of Acts in Dm public hearing will be held in Conflict with the Provisions of this Ac0:'approved April 7.1921.and",T- the Weld County Commissioner.• all-amendments-thereof: and partliularlyae amended by an/act Hearing-Room, First Floor, Weld approved,March 30:1923.andap' -approved Majr.13.1931./ County Centennial Center, 91 5 / / Tenth Btrwt, Greeley, Colelsted /� � ,C./f �i� i r tothe sb or vbjuest s ul glad ,v •- �� to tM ebe In regwal ahoultl be / ,� ( Publisher County din Department io the Weld .,/ County , 915 of Planning Subperllled and sworn to cber(are me this 2W day o( Services, 915 Tenth Street. Room �f �+ A D, 19 Y! 342, Gr the above 80631- �l before the above date or pre- sented r at , public hearing on �!J i% ' /,`(/4.�/[ • December 6, 1908. J Co es of the spplicelion •re Notary Public available for Public inapectIon fn V- -__ iM Department of Planning Ser- -. vices, Room 242, Weld County centennial Center, 915 Tenth _-,�„Fl . , 7.7,--:!'l Street, Greeley.OoEate sion04400. Photo 3584000, Bud Helldorson, Chairman Weld County plerninmCss- My commission expires June 1992 PubllebS in thelQslleville 1Nr- :..f ..Ji flfih1S.3l-1 expires June 30, 1992 aid October 25, 890057 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number ttsesoI Date Received tniiy/er Application Checked by 42 Mylar plat submitted to/pieta!, Application Fee 4"95(') Receipt Number ,//4Vii .) Recording Fee /l Receipt Number -y/V/F: TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SW4 Section 4 T 8 N, R 58 W LEGAL DESCRIPTION of contiguous property owned upon which Special -Review Permit is proposed: SW4 Section 4 T 8 N, R 58 W Property Address (if available) Weld County Road 96 at 125 North of New Raymer PRESENT ZONE Agricultural OVERLAY ZONES Colo TOTAL ACREAGE 2. 75 Acres PROPOSED LAND US£ Compressor/Plant Site for Natural Gas EXISTING LAND US-E Agricultural-Pasture Land SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE IBY SPECIAL REVIEW PERMIT: Name: Dennis D Bringelson Address: 489-04 Weld County Road 127 City New Raymer Colo Zip 80742 Home Telephone If Business Telephone 1/ \ Name: J.c=vr ..,-, I--n7. Iltwo �s.vc---- - ec. Address: It000 src�r. Sr. City —b.0:4.:....40__ co Zip eotoca Home Telephone # Business Telephone I/ APPLICANT OR AUTHORIZED AGENT (if different t lk / rr 1.Name: �' j�y Address: Ci / °Cr '"' ip Home Telephone If Busin Tel o ce \ :fi/�7/ � he subject List the -owner(s) and/or lessees of mineral ri h on o un properties of record. ����r7�`�f �;�u rdi(CCfj1l: Dennis D Bringelson Name: Address: 48904 Weld County Rd 127 City New Raymer Colo Zip 80/42 Viola B Bringelson Name: Address: 802 South 5th Ave City Sterling Colo zip 80/51 I hereby -depose and state under the penalties of perjury that all statements, proposals and/or plans submitte-d with Dr -contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) -RED WAVE ZTD. STATE OF COLORADO ) n^ / ^` ` -1/11I/1^r(/\/ SignaKure: Owner -or Authorized Agent Subscribed and sworn to before me this I /$ay of (2r,76h_iv" 19 )� 1 ) v ,: ( L , J1, . I ) '' e, i NOTARY PUBLIC MY COMMISSION EXPIRES JULY 30, 1990 My commission expires 890057 APPLICATION REQUIREMENTS The application requirements are outlined in Section 24.7 et. eq. of the Weld County Zoning Ordinance. The following items shall be submitted with an application for a use by special review permit. 1 . A completed application form (form attached) . 2. A detailed description of the proposed operation and use shall be supplied. Details for the following items, when applicable, are required. A. Explain proposed use. Compressor installation for boosting gas pressure for re-delivery into sales line and natural gas liquids extraction installation incorporating _use of refrigeration with compression method where natural gas liquids are ex- tracted, stored in tanks and sold (conditioned residue gas can then be sold to pipeline purchaser) . B. Explain need for use. Unable to sell natural gas as produced from wells without removal of liquids and boosting pressure. C. Explain the types of existing uses on surrounding proper- ties. Agricultural , pasture lands and oil wells, with related oil field equipment. D. The distance of the proposed use to residential structures in each direction. North 2.75 miles, East - N/A, South 4 miles, West - N/A. E. The maximum number of users, patrons, members, and buyers. Five (5) F. The number of employees, number of shifts, and hours of operation. One (1) employee, 24 hours operation basically unattended. G. The type of water source for the proposed use. N/A - No water used. 890057 H. Explain the access route(s) to be utilized for the proposed use. Diversified Operating Company privately maintained road under license granted by Weld County Commissioners 4-27-87. I . Explain type, size, weight and frequency of vehicular traffic associated with the proposed use. Primarily pickup and auto with occasional truck to haul out liquids on average of once or twice a week. J . The type of sewage facilities for the proposed use. N/A - No sewage facilities required on site. K. A description of the proposed fire protection measures as- sociated with the proposed use. New Raymer Fire Department will be made aware of shut-off valves outside of plant area where gas can be shut-off in case of fire. Fire extinguishers placed in plant area at strategic locations. L. The types and maximum number of animals to be concentrated on the Use by Special Review area at any one time. N/A - No animals associated with this operation. M. The type and size of any waste, stockpile or storage areas associated with the proposed use. No waste stock pile associated with this installation with exception of small trash barrels which are hauled to dump when they become full . One 30,000 gallon storage tank and one 300 Bbl storage tank used to store liquids. Liquids sold when storage tanks are full . N. Type of storm water retention facilities associated with the proposed use. N/A - None at facility. 0. The time schedule and method of removal and disposal of debris, junk and other wastes associated with the proposed use. Trash barrels for waste paper and etc . at site. No other waste or junk stored at site. Trash barrels emptied when- ever they are full , once or twice a month. 890057 P. Explain proposed landscaping plans :and erosion control measures associated with the proposed use. None required to make site compatible with surrounding land use. Q. Reclamation procedures to be employed upon cessation of the Use by Special Review activity. Removal of all equipment, restore and re-seed site where necessary to restore site to original pasture land condi- tion. R. A time table showing the periods of time required for con- struction and start-up of the proposed use. Phase One: Install and put into operation compressors in approximately 30 days time. Phase Two: Install and put into operation plant facilities in 12 to 15 months time, when required. 3. The following written materials and supporting documents shall be submitted as a part of the application. A. A statement explaining how the proposal is consistent with the Weld County Comprehensive Plan. The Weld County Comprehensive plan has designated this area as agricultural with no stated future plans which would be unfavorably affected by this installation. B. A statement explaining how the proposal is consistent with the intent of the district in which the use is located. Same as consistency with Weld County Comprehensive plan . No conflict with any stated district plans. C. If applicable, a statement explaining what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural land in the agricultural zone district. Installation has been located on site previously used for pasture and where oil wells, tank batteries and associated valves, pipe and etc. , exist in the immediate proximity of the site. 890057 0. A statement explaining there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. The site is adequately protected with shut downs and safe- guards as to fire. The site is in an isolated area with no inhabitants within a 2.5 miles. Operation of this fa- cility will only enhance county tax revenues with no adverse effect on the counties population. E. A statement explaining the uses permitted will be compati- ble with the existing surrounding land uses (include a de- scription of existing land uses of all properties adjacent to the property) . All adjacent lands are either pasture lands, agricultural lands or oil fields, each of which is not adversely affected by this extraction plant/compressor installation. F. A statement explaining the proposed use will be compatible with future development of the surrounding area as permit- ted by the existing zone and with future development as projected by the comprehensive plant of the county or the adopted master plans of affected municipalities. There are no future plans stated by county, district or municipalities which would use this land for anything other than agricultural , pasture or oilfield. G. A statement explaining the use by special review area is not located in a flood plain, geologic hazard and Weld County Airport overlay district area; or that the applica- tion complies with section fifty (50) , overlay district regulations as outlined in the Weld County Zoning Ordinance. In meeting with Weld County Planner and upon examination of maps for the New Raymer area it was determined that the site is not located in flood plan, geological hazard area or in Weld County airport overlay area nor any other restricted area of Weld County. H. Proof that a water supply will be available which is ade- quate in terms of quantity, quality, and dependability (e.g. , a well permit or letter from a water district) . No water supply required. 890057 I . A copy of the deed or legal instrument identifying the ap- plicant(s) interest in the property under consideration . If an authorized agent signs the application for the fee owner(s) , a letter granting power of attorney to the agent from the property owner(s) shall be provided. Attached as Exhibit "A" and Exhibit "B". J. A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standards. Due to the isolation of this site away from any population, we ask that this provision be considered waived by the Department of Planning. K. A soil report of the site prepared by Soil Conservation Service or by a soils engineer or scientist. In those in- stances when the soil report indicates the existence of moderate or severe soil limitations for the uses proposed, the applicant shall detail the methods to be employed to mitigate the limitations. General soil map, USDA Soil Survey Report of Northern Part of Weld County designates the area soil on which site is located to be Olney-Ascalon-Platner: Deep loamy soil , well drained nearly level to rolling soils: on plains and adjacent stream terraces (there are no streams located near installation site area) . L. A certified list of the names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor of the owners of the property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be records of the Weld County Assessor, or any ownership update from a title or abstract company or attorney, derived from such records or from the records of the Weld -County Clerk and Recorder. If the list is assem- bled from the records of the Weld County Assessor, the ap- plicant shall certify that such a list was assembled within thirty (30) days of the application submission date (form attached) . The County Assessor' s office will not complete this list for you. It is the responsibility of the applicant to gather this information. Attached. 890057 M. A certified list of the names and addresses of mineral owners and leases of mineral owners on or under the parcel of land teing considered. The source of such list shall be assembled from the records of the Weld County Clerk and Recorder, or from an ownership update from a title or ab- stract company or an attorney, derived from such records. (A certification from is attached) . Attached. 890057 EXHIBIT " A " Page lof 2 LEASE AGREEMENT AGREEMENT made this 25th day of July , 1988, between RED WAVE, LTD. , a Colorado corporation, Lessee and Dennis 8ringelson , Lessor. Lessor has, this day, leased to Lessee , the following described premises in the County of Weld and State of Colorado, to wit: A parcel of land 300' X 400' located in the SW/4SW/4 Sec. 4, TBN, R58W for the initial term of three (3) years commencing on the 25th day of July , 1988, and ending on the 24th day of July 1991 , upon the terms and conditions as follows: 1 . RENT: The rent for the initial term of this Lease shall be One Thousand Five Hundred Dollars ($1 ,500.00) , payable in equal annual installments of Five Hundred Dollars ($500.00) on the date of this Lease, and each anniversary thereafter, commencing on July 25. 1988 2. OPTION TO RENEW: Lessor grants and Lessee reserves the right to renew this Lease Agreement and extend the initial term for periods of one (1 ) year up to a total of twenty (20) years by paying the annual rental fee of Five Hundred Dollars ($500.00) under the same terms, conditions and provisions herein. 3. USE OF LEASEHOLD: Lessee will use the leasehold herein for the purpose of constructing, operating and maintaining natural gas liquid extraction plant, natural gas compression facility, dehydration equipment, storage tanks and related facilities necessary for the operation and maintenance of that equipment. 4. INCIDENTAL RIGHTS LEASED: As appurtenant to the leasehold and the rights hereby let, Lessor does hereby grant to Lessee the right for the construction, operation and maintenance of the facilities described in Paragraph 3. , above; and, the operation of machinery and equipment on the leased premises related to the construction, operation, and maintenance of those facilities; and, rights of ingress and egress, together with all such easements and rights-of-way upon and over the leased premises as may be necessary, useful or convenient for the transportation of product or equipment from the leased premises; and, the right to remove, at any time and from time to time', all pipelines, stations, plants, tanks, structures, machinery, equipment and appurtenances placed by it ion the leased premises where, in Lessee's judgment, that property is no longer needed or useful for the operation of the leased premises for the purpose described herein. Lessee shall have the right to remove any and all machinery, fixtures, buildings, and personal property placed on the leased premises by Lessee, or by those acting under Lessee, which right shall continue for a reasonable period of time following the termination of this Lease. 890057 EXIBIT " A " Page 2 Jf 2 5. CONTINUATION OF LEASE: Any sale, transfer, conveyance or alienation by Lessor of the land and rights of Lessee described in this leasehold shall be specifically subject to this Lease Agreement, including all options to renew and renewal periods. 6. ASSIGNMENT: This Lease Agreement may be assigned by either party. All of the terms, covenants and agreements hereof shall extend to and be binding upon the parties hereto, their heirs, administrators, successors and assigns. 7. TERMINATION: Lessee may terminate the Lease anytime after the initial term, upon removal of equipment and vacating property. IN WITNESS WHEREOF, the parties have hereunto subscribed their names on the date first above written. LESSOR: Dennis Bringelson JJCLWAInt 1-1-late By: Dennis Brin elson LESSEE: RED WAVE, LTD. ifiedvmenet By: D. R. Wentworth, agent Aide.1.4141: 7 f /s ein dg ra fooc( R(,ac( afte'e se / o f .7 11 /It to rlf7,n a7 ,on, of f/;r /v a-ae a.cd t4'-c er...ep ma.V Aaoc' Aces__ te;no d cal_r p('or/We., /s•erc3/'� / t6_ .ror /r/f a. e P of 14 /tan( ({/..%/ 6,e pe.f/cited (CO / S O'yen a.e r..0i.d, (iD�... <7nd reset./o.1., ew,41 ?tits e` P"/lx (fr4.soPS C-.44.;, Z 890057 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Red Wave Limited Plant Compressor Site located in SW4 Sec4 8N 58W STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within • five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. • The foregoing instrument was subscribed and sworn to before me this I, -day UOCL41 — , I9P6' by \Mai dl., (1. -.1b-1/4(-\160 WITNESS my hand and official seal . My Commission expires : Q.LIQLL\J IU )''d / I Notary Public 890057 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 11 AdjacentEast Dennis D and Nancy L Bringelson 053704000009 48904 Weld County Road 127 New Raymer Colorado 80742 Adjacent West Dennis D and Nancy L Bringelson 053704000001 48904 Weld County Road 127 New Raymer Colorado 80742 Adjacent South U.S.Forest Service N/A Pawnee Grasslands 890057 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Red Wave Limited Plant/Compressor Site located in SW 4 of Section 4 8N 58W STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoinginstrument was subscribed and sworn to before me this �� J� V day of 0406 1,A . . 19Ff. WITNESS my hand and official seal. My Commission expires: au 4L\1/41 lu lE)E1 <IO Notary Public 830057 Hello