HomeMy WebLinkAbout20183682.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst Hearing Date: November 6, 2018
Case Number: USR18-0069
Applicant: Anadarko E&P Onshore, LLC
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities Including Oil and Gas Support and Service Disposal and
Recycling Sites for Production Waste (Centralized E&P Waste Management Facility)
in the A (Agricultural) Zone District
Legal Lot B of Recorded Exemption RE -2263 being part the SE4 Section 9, T2N, R66W of
Description: the 6th P.M., Weld County, CO
Location: North of and adjacent to CR 22 and west of and adjacent to CR 31
Size of Parcel:
+/- 109.31 acres Parcel No. 1309-09-0-00-019
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 referral responses with comments from the
following agencies:
y Weld County Department of Public Works, referral dated August 17, 2018
y Weld County Department of Public Health and Environment, referral dated August 14, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
City of Fort Lupton, referral dated July 24, 2018
School District RE -8, referral dated July 26, 2018
Colorado Parks and Wildlife, referral dated July 22, 2018
Weld County Sheriff's Office, referral dated August 10, 2018
Weld County Zoning Compliance, referral dated July 24, 2018
Platteville/Gilcrest Fire Protection District, referral dated July 24, 2018
State of Colorado, Division of Water Resources, referral dated July 23, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
VVVVV
Town of Platteville
Platte Valley Conservation District
Fulton Ditch/Fulton Extension Ditch
Colorado Oil and Gas Conservation Commission
Colorado Department of Public Health and Safety
USR18-0069
Page 1 of 11
Planner:
Case Number:
Applicant:
Request:
Legal
Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst
USR18-0069
Anadarko E&P Onshore, LLC
Hearing Date: November 6, 2018
A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities Including Oil and Gas Support and Service Disposal and
Recycling Sites for Production Waste (Centralized E&P Waste Management Facility)
in the A (Agricultural) Zone District
Lot B of Recorded Exemption RE -2263 being part the SE4 Section 9, T2N, R66W of
the 6th P.M., Weld County, CO
Location: North of and adjacent to CR 22 and west of and adjacent to CR 31
Size of Parcel: +/- 109.31 acres Parcel No. 1309-09-0-00-019
Case Summary
This USR is the last step to finalize the pilot program for the recycling and reconditioning of used mud/fluids
from completions, midstream, and production. An agreement dated November 24, 2015 allowed the pilot
program for the recycling and reconditioning of used mud/fluids to commence. This agreement was signed
by the applicant and the Department of Planning Services.
The recycled mud and fluids will be re -used in oil and gas operations including: workover/intervention
operations, completions, and new drilling operations. Additionally, the facility can be used for the production
of fresh mud for workover drilling and new drilling activities. All fluids are stored within enclosed tanks. All
recycled muds and fluids produced at the facility will be transported back to the location where they were
originally produced via truck.
Recycled mud and fluids will be used for the following applications:
• Spacing fluid between cemented intervals below surface casing
• Kill fluid/workover fluids below surface casing
• Drilling fluids below surface casing
• Completions fluids
There will be 3 on -site employees per shift with 2 shifts daily. The total number of employees on -site will
not exceed ten. The hours of operation will be 24 hours a day/seven (7) days a week. A modular office is
currently located onsite to accommodate the site supervisor, employees, and delivery drivers as needed.
The applicant has requested a waiver from the requirement to install a septic system. The Department of
Public Health and Environment is requesting a septic system and a permanent, adequate water supply for
drinking and sanitary purposes water.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
USR18-0069
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2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-4-140.A. - EP.Goal 1.states "Encourage the minimization of mineral resource
exploration and production waste and require the safe disposal of it;" and EP.Policy 1.1.states
"Due to the impacts from surface impoundments and increasing public concern about them,
other alternatives for disposal should be considered."
This facility has been in operation since it was approved as a pilot program by the Department
of Planning Services on November 24, 2015. The USR is a request to make the pilot program
a permanent facility. Anadarko recycles and reconditions mud/fluids from completions,
midstream, and production. The recycled mud and fluids will be re -used in oil and gas
operations including: workover/intervention operations, completions, and new drilling
operations. Additionally, the facility can be used for the production of fresh mud for workover
drilling and new drilling activities. All fluids are stored within enclosed tanks. All recycled muds
and fluids produced at the facility will be transported back to the location where they were
originally produced via truck. This use provides an alternative use of the muds/fluids generated
from oil and gas drilling operations.
Section 22-4-140.B. - EP.Goal 2. States "Mineral resource exploration and production waste
facilities should be planned, located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use, scale, height, traffic, dust, noise
and visual pollution."
This operation has been in operation for 3 years and is centered on the northern portion of the
approximately 100 -acre site. The parcels to the north and west are owned by oil and gas
companies. The parcels to the east and south are generally rural residential and the County
has not received any complaints from the surrounding property owners since the operation
commenced.
Section 22-2-20.H - A.Goal 8. states, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for
more intensive development."
The applicant has requested a waiver from the requirement to install a septic system. The
applicant is proposing bottled water and a portable toilet to be provided for employees, which
is not acceptable according to the Department of Public Health and Environment policy. The
Department of Public Health and Environment in their referral agency comments dated August
9, 2018, is requesting an on -site waste water system (septic system) and a permanent,
adequate water supply for drinking and sanitary purposes water.
Section 22-2-20.H.4 - A.Policy 8.4. states, "The land use applicants should demonstrate that
drainage providing stormwater management for the proposed land use change is adequate for
the type and style of development and meets the requirements of county, state and federal
rules and regulations."
The Department of Public Works in their referral agency comments dated August 17, 2018, is
requiring a final drainage report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado.
Section 22-2-20.H.3 - A.Policy 8.3. state, "The land use applicants should demonstrate that the
roadway facilities associated with the proposed development are adequate in width,
classification and structural capacity to serve the proposed land use change."
USR18-0069
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The Department of Public Works in their referral agency comments date August 17, 2018, did
not indicate any concerns with the roadway facilities. The City of Fort Lupton is requesting 110
feet of right-of-way on CR 31 and CR 22. The County is requiring 140 feet of right-of-way on
CR 22 and 60 feet of right-of-way on CR 31. The City of Fort Lupton's transportation plan does
not extend north of CR 22 so staff did not add a Condition of Approval requesting additional
right-of-way.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Section 23-3-40.A.2. Site Specific Development Plan and Use by Special Review
Permit for Mineral Resource Development Facilities Including Oil and Gas Support and Service
Disposal and Recycling Sites for Production Waste (Centralized E&P Waste Management
Facility) in the A (Agricultural) Zone District.
Section 22-2-10.B. states, "The intent of the agricultural Goals is to support all forms of the
agricultural industry and, at the same time, to protect the rights of the private property owners
to convert their agricultural lands to other appropriate land uses. The County recognizes the
importance of maintaining large contiguous parcels of productive agricultural lands in
nonurbanizing areas of the County to support the economies of scale required for large
agricultural operations."
This site supports the oil and gas community in the County and the Development Standards
and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops, and rural residences. There are two adjacent
parcels that have residences within 200 feet of the subject site.
There are eight (8) Use by Special Review Permits issued within one mile of the site. USR-
1317 for parking and repairing vehicles and USR-1758 for an oil and gas support facility are
located south of the site. MUSR14-0013 for a propane storage and service yard, USR13-0027
for a utility, excavation and storage facility, and MUSR11-0002 for truck parking and
maintenance are located east of the site. USR16-0044 for an office trailer for field personnel,
MUSR14-0022 for a non -1041 major facility of a public utility 24 -inch natural gas pipeline, and
USR-563 for a natural gas compressor station are located north of the site.
The Weld County Department of Planning Services sent notice to sixteen (16) Surrounding
Property Owners. Planning staff received one phone call from a Surrounding Property Owner
asking that the operation be screened from CR 22. Staff is recommending screening as a
Condition of Approval.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the City of Fort Lupton and the Town
of Platteville. The Town of Platteville did not return referral agency comments. The City of Fort
Lupton responded with referral agency comments dated July 24, 2018, stating that they are
requesting a total of 110 feet of right-of-way on both CR 31 and CR 22 and wish to annex the
site.
The site is also located within the Intergovernmental Agreement Area (IGA) of the City of Fort
Lupton and the Town of Platteville. An email dated October 11, 2018, was received from the
City of Fort Lupton that stated that the City is in conversation with the applicant to annex the
site into the City of Fort Lupton. The email also stated that the applicant wishes to continue the
USR18-0069
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USR process through the County. An email dated October 24, 2018, was received from the
Town of Platteville that stated that the Town does not wish to annex.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The site is not located in a floodplain, the Geologic Hazard Overlay District, or in the A -P
(Airport) Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on soils designated as "High Potential Dry Cropland -Prime if
they become Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The proposed USR will not take any Prime (Irrigated) Farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall submit a building permit for the mobile home office. (Department of Planning
Services)
B. The applicant shall submit a screening plan that screens the site from public right-of-way.
(Department of Planning Services)
C. The applicant shall submit a Lighting Plan. (Department of Planning Services)
D. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
E. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes. The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of completed improvements.
(Department of Public Works)
F. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
USR18-0069
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G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0069 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4) The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
5) The map shall delineate the lighting which shall adhere to the Weld County Code.
(Department of Planning Services)
6) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
7) The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
8) County Road 31 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
9) County Road 22 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way. This road is maintained
by Weld County. (Department of Public Works)
10) Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction. (Department of Public Works)
11) Show and label the approved tracking control on the site plan. (Department of Public
Works)
12) Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works)
13) The applicant shall show and label the accepted drainage features and drainage flow
arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or
Storage Area" and shall include the calculated volume. (Department of Public Works)
14) The applicant shall show the drainage flow arrows. (Department of Public Works)
15) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
USR18-0069
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
This site requires a tracking control device and a minimum of 300 feet of recycled asphalt or
road base. (Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. Prior to Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be
installed according to the Weld County Onsite Wastewater Treatment System Regulations.
The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Onsite Wastewater Treatment System Regulations. (Department
of Public Health and Environment)
B. Documentation showing the facility has a permanent, adequate water supply for drinking and
sanitary purposes. (Department of Public Health and Environment)
C. Documentation showing the facility has an approved Design and Operations plan approved by
the COGCC. (Department of Public Health and Environment)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR18-0069
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0069, for Mineral
Resource Development Facilities Including Oil and Gas Support and Service Disposal and
Recycling Sites for Production Waste (Centralized E&P Waste Management Facility) in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of employees will be three (3) per shift, as stated by the applicant. (Department of
Planning Services)
4. Hours of operation are twenty-four (24) hours each day, seven (7) days per week, as stated by the
applicant. (Department of Planning Services)
5. The screening/landscaping on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code. (Department of Planning Services)
7. The property owner shall control noxious weeds on the site. (Department of Public Works)
8. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Department of Public Works)
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
10. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public
Works)
11. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
12. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
13. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
14. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
16. 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. (Department of Public Health and Environment)
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17. The facility shall comply with the Colorado Oil and Gas Conservation Commission (COGCC)
regulations pertaining to Centralized E&P Waste Management Facilities. Only E&P wastes,
generated by the operator, are allowed to be recycled at the facility. (Department of Public Health
and Environment)
18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. The facility shall operate in accordance
with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment)
19. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health
and Environment)
20. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable. (Department of Public Health and Environment)
21. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. As employees or contractors are on site for less than 2 consecutive
hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper
disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by
a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health
and Environment)
22. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply
shall be provided for drinking and sanitary purposes. (Department of Public Health and
Environment)
23. All potentially hazardous chemicals on -site must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance
with manufacturer's recommendations. (Department of Public Health and Environment)
24. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
sufficiently impervious to contain any spilled or released material. Secondary containment devices
shall be inspected at regular intervals and maintained in good condition. All secondary containment
will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or the
provisions of the State Underground and Above Ground Storage Tank Regulations. (Department
of Public Health and Environment)
25. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with
the applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and
Environment)
26. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
27. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with
all applicable rules and regulations. All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations. (Department of Public Health and Environment)
28. The facility shall comply with their Standard Operating Procedures for truck unloading and spill
containment during unloading/loading. A liner shall be placed under connection points to minimize
leaks and releases. (Department of Public Health and Environment)
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29. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
30. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
31. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
32. The applicant shall notify the County upon receipt of any compliance advisory or other notice of
non-compliance of a State issues permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
33. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
34. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and
two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect
or engineer must be submitted for review. A Geotechnical Engineering Report performed by a
Colorado registered engineer shall be required or an Open Hole Inspection. (Department of
Building Inspection)
35. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment 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 Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations.
36. The Use by 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.
37. 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.
38. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous counties of
the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
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39. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
USR18-0069
Page 11 of 11
September 28, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
SAMET SAM
1099 18TH ST STE 1800
DENVER CO 80202
Subject: USR18-0069 - A Site Specific Development Plan and Special Review Permit for Mineral
Resource Development Facilities Including Oil and Gas Support and Service Disposal and Recycling
Sites for Production Waste (Centralized E&P Waste Management Facility) in the A (Agricultural) Zone
District
On parcel(s) of land described as:
PART SE4 SECTION 9, T2N, R66W LOT B REC EXEMPT RE -2263 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 6, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 5, 2018
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
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 needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
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 and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
July 20, 2018
SAMET SAM
1099 18TH ST STE 1800
DENVER, CO 80202
Subject: USR18-0069 - A Site Specific Development Plan and Special Review Permit for Mineral
Resource Development Facilities Including Oil and Gas Support and Service Disposal and Recycling
Sites for Production Waste (Centralized E&P Waste Management Facility) in the A (Agricultural) Zone
District
On parcel(s) of land described as:
PART SE4 SECTION 9, T2N, R66W LOT B REC EXEMPT RE -2263 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration 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 following Planning Departments for their review and comments:
Fort Lupton at Phone Number 303-857-6694
Platteville at Phone Number 970-785-2245
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 10/19/2018
Case Number: USR18-0069
Applicant: Anadarko E&P Onshore, LLC
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities Including Oil and Gas Support and Service Disposal and
Recycling Sites for Production Waste (Centralized E&P Waste Management Facility)
in the A (Agricultural) Zone District
Legal
Description:
Lot B of Recorded Exemption RE -2263 being part the SE4 Section 9, T2N, R66W of
the 6th P.M., Weld County, CO
Location: North of and adjacent to CR 22 and west of and adjacent to CR 31
Size of Parcel: +1- 109.31 acres
Parcel No. 1309-09-0-00-019
Zoning
Land Use
N
A (Agricultural)
N
Rural Residential / Agriculture
E
A (Agricultural)
E
Rural Residential / Agriculture
S
A (Agricultural)
S
Rural Residential / Agriculture
W
A (Agricultural)
W
Rural Residential / Agriculture
COMMENTS:
The site contains the Twombly Reservoir, an oil and gas tank battery and the Anadarko
Centralized E&P Waste Management Facility.
Diana Aungst, Planner "
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