HomeMy WebLinkAbout20170563.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
DATE: December 22, 2016
FROM: Hayley Balzano, E.I., Development Engineer
SUBJECT: USR16-0041 Asphalt Specialties
The Weld County Department of Planning Services -Engineering has reviewed this proposal. Staff
comments made during this phase of the application process may not be all-inclusive, as other issues may
arise during the remaining application process.
COMMENTS:
General Project Information/Location:
Project description: Asphalt batch plant, concrete recycling operations, heavy equipment maintenance
shop, administrative building, QC lab, liquid asphalt storage, company fueling station, outdoor truck and
equipment parking, staging and storage of raw and processed material
This project is west of and adjacent to County Road 13 and is south of and adjacent to County Road 6.
Parcel number: 146725000026
Drainage Requirements:
Please contact Department of Planning Services/Engineering Development Review for questions or
assistance for drainage requirements at 970-353-6100.
URBANIZING VS NON -URBANIZING DRAINAGE AREA:
This area IS within a Non -Urbanizing Drainage Area:
Require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of
the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for
NON -URBANIZING areas.
Detention Pond summarized in a Drainage Report:
A drainage report and detention pond design shall be completed by a Colorado Licensed Professional
Engineer and adhere to the drainage related sections of the Weld County Code. The drainage report must
include a certification of compliance stamped and signed by the PE which can be found on the engineering
website. General drainage report checklist is available on the engineering website. More complete
checklists are available upon request.
The applicant has submitted a Preliminary Drainage Report. Based upon this report, one of the two ponds
on site will be partially retention and partially detention. This requires a Variance Request and approval by
the planning department.
Grading Permit
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant and Planning Department have reviewed the referral and surrounding
property owner comments. The Early Release Request may or may not be granted depending on referral
comments and surrounding property owner concerns. Contact an Engineering representative from the
Planning Department for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, Rik Gay, 303-692-
3575.
Geologic Hazard Area:
This site IS in a Geologic Hazard Area. The Colorado Geologic Society will be a referral agency. A geologic
hazard permit may be required. The Colorado Geologic Survey (CGS) has expertise in geologic hazard
areas and is a referral agency for this project. Contact Jill Carlson with the CGS for more detailed
information on the geologic hazards in your project area and any additional requirements that may be
needed. Depth to mine 150-200 feet & greater than 400ft.
Jill Carlson
Colorado Geological Survey
1801 19th Street
Golden, CO 80401
303-384-2643
carlson@mines.edu
Floodplain:
This area IS NOT in a FEMA regulatory floodplain.
CONDITIONS OF APPROVAL:
A. 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 Planning Services -Engineer)
B. A Drainage Variance Request is required for the stormwater retention proposed on site. (Department
of Planning Services -Engineer)
C. All projects occurring in a Geologic Hazard Area as delineated by the Colorado Geological Survey shall
comply with Overlay District requirements of Chapter 23, Article V, Division 2 of the Weld County Code.
A Geological Hazard Development Permit may be required. (Department of Planning Services -
Engineer)
D. The plan shall be amended to delineate the following:
1. Show and label the Geologic Hazard Area on the site plan. (Department of Planning Services -
Engineer)
2. The applicant shall show and label the accepted drainage features and drainage flow arrows. Water
quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of
Planning Services -Engineer)
3. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Planning Services -Engineer)
Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
2. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services -Engineer)
3. This property lies within a known Geologic Hazard Area as defined by the Colorado Geological Survey.
(Planning and Engineering)
MEMORANDUM
TO: Kim Ogle, Planning Services DATE: December 19, 2016
FROM: Janet Lundquist, Public Works
SUBJECT: USR16-0041 Asphalt Specialties Company, Inc.
The Weld County Department of Public Works has reviewed this proposal. Staff comments made during
this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS:
General Project Information/Location:
Project description: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0041, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING AN ASPHALT
BATCH PLANT; ASPHALT AND CONCRETE RECYCLING OPERATIONS; ANY USE PERMITTED AS A
USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, (HEAVY EQUIPMENT MAINTENANCE SHOP; ADMINISTRATIVE
OFFICE BUILDING; QUALITY CONTROL LAB; LIQUID ASPHALT STORAGE; COMPANY FUELING
STATION AND OUTDOOR TRUCK AND EQUIPMENT PARKING, STAGING AND STORAGE AND RAW
AND PROCESSED MATERIAL STORAGE WHEN SCREENED FROM PUBLIC RIGHTS -OF -WAY AND
ADJACENT PROPERTIES) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION
OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
This project is south of and adjacent to CR 6 and is west of CR 13. Parcel number 146725000026.
Access is from 6.
Access:
An Access Permit application was submitted with the application materials. Public Works will review the
application and provide an access permit and permit number if approved. Questions concerning access
requirements can be directed to Public Works access permit division.
An Access Permit is required. For new accesses and/or change of use of an existing access, the fee and
photos are required (Access permit instructions and application can be found
at http://www.co.weld.co.us/Departments/PublicWorks/Permits html.) Chapter 6, Sections 6.3, 6.4 and 6.5
of the Weld County Engineering and Construction Criteria, offer access design guidance. (This document
can be found
at http://www co.weld co.us/Departments/PublicWorks/EngineeringandRightofWay/EngineeringCriteriaan
dPolicies.html) Existing access points with change of use or new access points may or may not be granted.
Questions pertaining to access permits or access design shall be directed to the Public Works Department.
For shared accesses, Public Works strongly recommends that the property owner establish an access road
maintenance agreement so future owners of the properties will be aware of their requirements for shared
maintenance of the access road. This is not a requirement for the recorded exemption but is recommended
to avoid property owner conflicts in the future.
Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of shoulder to allow a
truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any
vehicle(s) stopped to open a gate be allowed to create a safety issue for roadway users.
When feasible, there shall be no net increase in the number of accesses to a public road. Contact Public
Works to discuss your access.
Roads:
County Road 6 is a paved road and is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 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.
County Road 13 is a paved road and is designated on the Weld County Road Classification Plan as a
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.
Traffic:
Latest ADT on CR 6 was taken on 3/3/2016 which counted 1791 vpd with 22% trucks
A traffic study was submitted with the application materials and indicated that there will be approximately
404 daily roundtrips. The expected traffic routes are 20% from the north using CR 13, 20% from the south
using CR 13, and 60% will access the site from 1-25 using CR 8. The site will have 62 employees working
on an 8:00 a.m. - 5:00 p.m. schedule.
Roadways Improvements are triggered at the facility access on CR 6 based upon the trip generation. Prior
to operation the applicant shall construct a westbound left deceleration lane on CR 6 and an eastbound
right deceleration lane on CR 6 at the facility access.
Additional Roadways Improvements may be triggered due to traffic associated with the facility; the following
is a list of the triggers for turn lanes:
A. 50 vph turning right out of the facility during a peak hour onto CR 6.
B. 50 vph turning right onto CR 13 from CR 6 during a peak hour.
TRACKING CONTROL:
Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are
listed below. Temporary Tracking Control shall be used during construction unless permanent tracking
control is installed ahead of construction activities.
More than 10 round truck trips/day (tandem or semi -trucks) or more than 50 round passenger vehicles trips:
• Access onto gravel roads requires a tracking control device and a minimum of 300ft of recycled
asphalt or road base.
• Access onto paved roads requires either a tracking control devise and 100ft of asphalt OR 300ft of
asphalt.
*Recycled concrete is not allowed in County ROW
**Tracking control devices can be double cattle guards or other specialized device
*** Tracking control for unmaintained public ROW is required just prior to entering publically maintained
roadways.
A development standard will be included on the recorded site plan. "The access shall be maintained to
mitigate any impacts to the public road including damages and/or offsite tracking."
Improvements and Road Maintenance Agreement:
An Improvements Agreement between the Applicant and the County will be required for this project. Items
may include the approved haul route(s), outline when offsite improvements will be triggered, and include a
maintenance agreement for the haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available
at: http://www.co.weld.co.us/Departments/PlanningZoning/LandUseApplicationsAssistance/ApplicationAs
sistance.html
An Improvements Agreement is required for sites with required offsite improvements. Collateral is
required to ensure the improvements are made.
Road Maintenance is typically included as a section of the Improvements Agreement when the
County feels that the site activities may impact the County roadways. Possible mitigations included
in the road maintenance agreement may include but are not limited to: dust control, specified haul
routes, damage repairs, and future improvement triggers.
CONDITIONS OF APPROVAL:
A. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including dust control, damage repair, specified haul routes and future
traffic triggers for improvements will be included. (Department of Public Works)
B. The plan shall be amended to delineate the following:
1. County Road 6 is a paved road and is designated on the Weld County Road Classification Plan as
a collector road which requires 80 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)
2. County Road 13 is a paved road and is designated on the Weld County Road Classification Plan
as a 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)
3. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii on the
site plan. (Department of Public Works)
4. Show and label the approved tracking control on the site plan.
5. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder. (Department
of Public Works)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are required
prior to operation. (Department of Public Works)
B. The applicant shall construct a westbound left deceleration lane on CR 6 and an eastbound right
deceleration lane on CR 6 at the facility access. (Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
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WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Kim Ogle
From: Ben Frissell, Environmental Health Services
Date: January 4, 2017
Re: USR16-0041 Asphalt Batch Plant
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0041, for Mineral
Resource Development Facilities including an asphalt batch plant; asphalt and
concrete recycling operations; any use permitted as a Use by Right, an Accessory Use,
or a Use by Special Review in the Commercial or Industrial Zone Districts, (heavy
equipment maintenance shop; administrative office building; quality control lab; liquid
asphalt storage; company fueling station and outdoor truck and equipment parking,
staging and storage and raw and processed material storage when screened from
public rights -of -way and adjacent properties) provided that the property is not a lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District.
As indicated in the application, up to 58 employees will utilize the site. Water will be
provided by Central Weld County Water District and the site will be serviced by an
Onsite Wastewater Treatment System (OWTS). The applicant is proposing to permit
and install an engineered commercial septic system which has not yet been submitted.
However, if the septic system requires a design capacity of over 2,000 gallons of
sewage per day the applicant shall ensure all requirements of the Colorado Department
of Public Health and Environment, Water Quality Control Division's (WQCD)
Regulations have been adhered to.
We have no objections to the proposal; however, we do recommend that the following
conditions be part of any approval:
Prior to the issuance of the 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
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
I cic: 9:0 :304 6420
Fax: 9,10-304-64I6
Environmental Health
Services
Tele: 970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6462
Public Health
according to the Weld County Onsite Wastewater Treatment System
Regulations.
B. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit from the Environmental Protection
Agency (EPA) for any large -capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant can provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
We recommend that the following requirements be incorporated into the permit as
development standards:
1. 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.
2. 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
3. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code.
4. 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.
5. 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.
6. The facility shall adhere to the maximum permissible noise levels allowed in the
Light Industrial Zone as delineated in 25-12-103 C.R.S.
7. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance
with the applicable provisions of 40 CFR, Part 112, shall be available on -site.
8. 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 provisions of the State Underground and Above
Ground Storage Tank Regulations.
9. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency.
10. Process wastewater (such as floor drain wastes) shall be captured in a watertight
vault and hauled off for proper disposal. Records of installation, maintenance,
and proper disposal shall be retained.
11.All potentially hazardous chemicals 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.
12.Any stained or contaminated soils on the facility shall be removed and disposed
of in accordance with applicable rules and regulations. Any reportable spills will
be reported and documented in accordance with all state and federal regulations
and records will be kept onsite for WCDHPE review upon request.
13. In the event the septic systems require a design capacity of 2,000 gallons or
more of sewage per day the applicants shall adhere to the requirements of the
Colorado Department of Public Health and Environment, Water Quality Control
Division's (WQCD) Regulations.
14. For employees that are on site for less than 2 consecutive hours a day or 10 or
less customers or visitors per 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.
15.A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
16.Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Onsite Waste Water Treatment Systems.
17. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Submit by Email
Weld County Referral
November 28, 2016
The Weld County Department of Planning Services has received the following item for review:
Applicant: THE BRAMMING FAMILY TRUST Case Number: USR16-0041
Please Reply By: December 26, 2016 Planner: Kim Ogle
Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING AN ASPHALT BATCH PLANT;
ASPHALT AND CONCRETE RECYCLING OPERATIONS; ANY USE PERMITTED AS A USE BY
RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, (HEAVY EQUIPMENT MAINTENANCE SHOP; ADMINISTRATIVE
OFFICE BUILDING; QUALITY CONTROL LAB; LIQUID ASPHALT STORAGE; COMPANY FUELING
STATION AND OUTDOOR TRUCK AND EQUIPMENT PARKING, STAGING AND STORAGE AND RAW
AND PROCESSED MATERIAL STORAGE WHEN SCREENED FROM PUBLIC RIGHTS -OF -WAY AND
ADJACENT PROPERTIES) PROVIDED THAT THE PROPERTY IS NOTA LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
Location: SOUTH OF AND ADJACENT TO CR 6; APPROXIMATELY 2000 FEET WEST OF CR 13
Parcel Number: 146725000026-R5805386 Legal: LOT A OF RECX16-0183 AND LOT A OF
RECX16-0184 BEING PART OF THE NE4 SECTION 25, T1N, R68W & PT E2NW4 E OF RR & S OF
BULL CANAL EXC UPRR RES OF THE 6TH P.M., WELD COUNTY, COLORADO.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
n
We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Justin Shoulders 12/22/2016
Signature Date
Agency
Anadarko
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax
Anadzn'Kpg
Petroleum Corporation
December 22, 2016
VIA E-MAIL
Kim Ogle, Planner
Weld County Department of Planning Services
1555 N. 17th Ave
Greeley, CO 80631
koglc(ri wcld<2-ov.or
NOTICE OF MINERAL INTERESTS AND OIL AND GAS LEASEHOLD
INTERESTS OWNED BY ANADARKO LAND CORP., ANADARKO E&P
ONSHORE LLC AND KERR-McGEE OIL & GAS ONSHORE LP AND
OBJECTION
Re: USR16-0041
The Bramming Family Trust - Property Owner or "Applicant"
Township 1 North, Range 68 West
Section 25: part of the NW/4 ("Application Property")
Weld County, Colorado
Mr. Ogle:
This objection and notice letter is submitted to Weld County ("County") on behalf of
Anadarko Land Corp. ("Anadarko Land"), Anadarko E&P Onshore LLC ("Anadarko E&P"),
and Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee") with respect to the Site Specific
Development Plan and Use by Special Review Permit Application ("Application)" that has
been filed with the County by The Bramming Family Trust ("Applicant") that includes
property in the NW/4 of Section 25, Township 1 North, Range 68 West in Weld County.
Anadarko Land and Anadarko E&P (the "Anadarko entities") together own the
minerals that underlie the property located in Section 25 ("Property"). Kerr-McGee owns oil
and gas leasehold interests in the Property.
The Anadarko entities and Kerr-McGee wish to give notice to the County of the
mineral interests and oil and gas leasehold interests they own under the Property and make
the County aware that the approval of a final application may significantly impact the
prospective development of the minerals and oil and gas interests that underlie the Property.
The Anadarko Entities and Kerr-McGee object to the approval of a final application for
development until agreements on surface use are reached among the Anadarko entities, Kerr-
McGee and the Applicant covering the Property.
The following are comments in support of this Notice and Objection:
1. The Mineral Resources Owned by Anadarko Land Corp.
Anadarko Land owns all of the hard rock minerals, including the coal, that underlies
the Property.
2. The Oil and Gas Resources Owned by the Anadarko Entities.
The Anadarko entities together own all of the oil and gas that underlies the Property,
and Kerr-McGee owns oil and gas leasehold interests for the Property.
Colorado Oil and Gas Conservation Commission ("COGCC") reports reflect that
there are currently thirteen producing wells in Section 25. Current COGCC rules and
regulation provide for five drilling windows in a quarter section where the Property is
located, one in the center of the quarter section and one in the center of each quarter quarter
section.
3. There is Clear Statutory Authority and Direction for the County to Take Into Account
the Rights of Mineral Interest Owners in Its Consideration of Applications for
Development.
The State of Colorado recognizes the important rights of mineral owners and lessees
in C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and
the surface estate are interests in land and that the two interests are "separate and distinct."
The subsection specifically recognizes that the owners of subsurface mineral interests and
their lessees have "the same rights and privileges as surface owners."
4. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard
to the Rights of the Other.
Colorado law provides that the mineral owner has the right of reasonable access to
and use of the surface estate to extract minerals and that the mineral estate owner and the
surface estate owner are to give due regard to the rights of the other and reasonably
accommodate each other's rights.
5. The Anadarko Entities and Kerr-McGee Have Entered into Many Agreements with
Developers With Respect to the Disposition of the Minerals at the Time that the
Developer Proposes to Develop the Surface Estate, and the Public Interest is Served
by the Parties Entering into Such an Agreement.
The mineral assets have significant value and consequently the Anadarko entities and
Kerr-McGee are concerned that the approval by the County of an application for
development of the Property and the subsequent build -out of the Property may impair their
ability to develop their minerals and oil and gas interests.
Any future surface development plans approved by the County should incorporate
and designate lands to be set aside for oil and gas development and expressly provide
protection for future wells, pipelines, gathering lines and related oil and gas facilities and
equipment. Approval of any surface development plan that forecloses the rights of mineral
and leasehold owners may be a compensable taking.
The Anadarko entities and Kerr-McGee have extensive mineral and oil and gas
leasehold interests throughout the State of Colorado and have successfully worked with many
parties who wish to develop the surface estate in order to assure the compatible development
of the surface estate and the oil and gas estate or some other disposition of the minerals.
The practice of the Anadarko entities and Kerr-McGee is to meet with surface owners
to reach a mutually acceptable agreement and agreement for the disposition of the hard rock
mineral interests. The Anadarko entities and Kerr-McGee have been in discussions with the
Applicant on this matter; however, no agreement has been reached to date. Because no
agreement has been reached between the parties that covers the Property, and in order to
protect their mineral and oil and gas interests and private property rights, the Anadarko
entities and Kerr-McGee object to the application and request that the County make any
approval of a final application for development of the Property conditioned upon an
agreement among the Anadarko entities, Kerr-McGee and the Applicant.
Please contact me at 720-929-6346 if you have any questions or comments about this
matter. The Anadarko entities and Kerr-McGee hope to conclude a mutually acceptable
agreement with the surface owner of the property, and we look forward to working with the
County to accomplish its land use planning goals.
In addition, Kerr-McGee Gathering LLC ("KMGG") wishes to notify the County of
an existing 3" pipeline that is not identified and labeled on the Applicant's Site Plan. The
pipeline runs parallel with the Bull Canal Lateral No. 1. KMGG requests that this pipeline be
included on the Site Plan.
Sincerely,
ANADARKO PETROLEUM CORPORATION
lo44,-atf of
Justin Shoulders
Land Supervisor
cc: Jeff Fiske, Lead Counsel
Ron Olsen
Don Ballard
John Kershner
Clint Hebert
Paul Ratliff
Rob Laird (robl@asphaltspecialties.com)
CENTRAL WELD COUNTY WATER DISTRICT
December 7, 2016
Kim Ogle
Weld County
Department of Planning Services
Dear Mr. Ogle,
Thank you for referring project USR16-0041 to Central Weld County Water District (CWCWD) for
review. Parcel # 146725000026 is adjacent to our current service area. Please note that this parcel
does not appear to be petitioned into Northern Colorado Water Conservancy District or Northern
Water Municipal Subdistrict, requirements that will need to be met prior to CWCWD providing
service.
The water study provided with the application is for one tap serving parcel # 146725000026 without
any recorded exemptions being executed. It appears that USR16-0041 will operate on lot A of
proposed RECX 16-0183, as well as lot A of proposed RECX 16-0184. If the USR and RECX
applications are approved, each lot will need to be served by a separate water tap. A water tap
installation is for a specific parcel of property and in no case will a customer be permitted to
extend a service line from one parcel or property to another parcel to provide additional water
service. Providing water to lot A RECX 16-0184 with use of a "T" or extension from service
designated to lot A RECX16-0183 is against District policy. We encourage the landowner to submit
appropriate fees and documents, including fire flow requirements, to the District to determine
availability and cost of providing service to lot A of RECX 16-0184. Also, if the District provides
water service for a parcel that has no county road frontage, a utility easement will need to be provided
to the District by the landowner. The easement must include the location of any meter pit that is unable
to be situated on the parcel for which it is providing service, as will be the case with lot A RECX 16-
0184.
All requirements of Central Weld County Water District, Northern Colorado Water Conservancy
District and the U.S. Bureau of Reclamation must be satisfied prior to receiving water service.
If you should need anything further, please contact the District.
Thank you,
Kathy Naibauer
Central Weld County Water District
970-352-1284
2235 2"d Avenue • Greeley, Colorado 80631 • Phone (970) 352-1284 • Fax (970) 353-5865
COLORADO GEOLOGICAL SURVEY
1801 19th Street
Golden, Colorado 80401
Karen Berry
State Geologist
December 19, 2016
Kim Ogle
Weld County Planning Department
1555 N. 17th Ave.
Greeley, CO 80631
Location:
Nt/2 Section 25,
T1N, R68W of the 6th P.M.
40.0266, -104.9515
Subject: Asphalt Specialties USR16-0041
Weld County, CO; CGS Unique No. WE -17-0011
Dear Mr. Ogle:
Colorado Geological Survey has reviewed the Asphalt Specialties USR referral, for an asphalt and liquid
asphalt storage/recycling/batch plant and related facilities on 34.9 acres located south of Weld County Road 6,
east of the east branch of the Bull Canal and the abandoned UPRR/cun-ent RTD parcel.
The area east of the northern (office/shop/lab) portion of the proposed facility as shown on the A.S.C.I. North
Multiple -Use Development Site Plan (Martin/Martin, undated) is undermined by the Lincoln Mine at depths of
approximately 150-200 feet. The proposed 35 -acre asphalt plant site is not known to be directly undermined
and does not contain any known mine shafts that could provide a path for groundwater contamination, nor is it
exposed to any geologic hazards or geotechnical constraints that would preclude the proposed use(s). CGS
finds no conflict between the currently proposed use and any potential subsidence hazard. CGS therefore has
no objection to approval of the USR as proposed.
Mr. Rob Laird, the applicant's representative, contacted me in mid -November 2016 to discuss the extent of
undermining and potential future uses of the overall Asphalt Specialties property, extending east to, I believe,
CR13. If future development is ever planned east of the proposed office/shop/lab area, CGS recommends a
subsidence hazard investigation to confirm the mapped extent of workings and to characterize the depth and
condition (presence/absence of voids and rubble zone) of the undermined area and the margin of the worked
out area beneath the south side of WCR6, or avoiding the area mapped as undermined.
Thank you for the continued opportunity to review and comment on this project. If you have questions or
require further review, please call me at (303) 384-2643, or e-mail carlson@mines.edu.
Jill arlson, C.E.G.
Engineering Geologist
WE -17-0011_1 Asphalt Specialties USR 16-0041
12:02 PM, 12/19?2016
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