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HomeMy WebLinkAbout20162667.tiffPlanner: Case Number: Applicant: Address: Request: Legal Description: County, CO LAND USE APPLICATION SUMMARY SHEET C. Gathman USR15-0021 Whiting Oil and Gas CIO Kevin Pittman 1700 Broadway, Suite 2300, Denver, CO 80290 Hearing Date: June 16, 2015 A Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities, including Oil and Gas Support and Service (Non -Commercial Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District. All of Section 19 and the W2NW4 of Section 20, T10N, R57W of the Gth P.M., Weld Location: East of and adjacent to County Road 133 and immediately southeast of the intersection of County Road 116 and County Road 133. Size of Parcel: +/- 714.55 acres (Operations Area: +/- 5 acres) Parcel No. 028319000020 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: Weld County Department of Planning Services, referral dated April 23, 2015 Weld County Department of Public Health and Environment, referral dated April 20, 2015 The Department of Planning Services' staff has received referral responses without comments from the following agencies: r Weld County Code Compliance, March 25, 2015 r Weld County Sheriff's Office, referral dated April 3, 2015 > Weld County Department of Public Works - Access Permit, referral dated April 6, 2015 The Department of Planning Services' staff has not received responses from the following agencies: r Weld County Department of Building Inspection r Office of Emergency Management r Colorado Parks and Wildlife r Colorado Oil and Gas Commission r New Raymer Fire Protection District r Centennial Soil Conservation District USRY15-0021, Whiting Oil and Gas, Page 1 of 10 Planner: Case Number: Applicant: Address: Request: Legal Description: Location: Size of Parcel: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW C. Gathman USR15-0021 Whiting Oil and Gas C/O Kevin Pittman 1700 Broadway, Suite 2300, Denver, CO 80290 Hearing Date: June 16, 2015 A Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities, including Oil and Gas Support and Service (Non -Commercial Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District. All of Section 19 and the W2NW4 of Section 20, T10N, R57W of the 6th P.M., Weld County, CO East of and adjacent to County Road 133 and immediately southeast of the intersection of County Road 116 and County Road 133. +1- 714.55 acres (Operations Area: +/- 5 acres) Parcel No. 028319000020 Case Summary: The applicants are proposing a Non -Commercial Oilfield Waste Disposal Facility. Only Whiting will be delivering oilfield waste water to this site - no other companies will access this location The facility will consist of up to twenty-four (24) 750 BBL tanks, up to 2 1,000 BBL tanks and up to 4 400 BBL tanks along with related equipment including a 35 -foot tall communication tower. The application indicates than an average of 10 (ten) water haul trucks will access the site. Bottled water will be utilized during construction and portable toilets will be provided. The majority of the waste water will be piped into the site. The site will be located on an approximately 5 acre parcel currently being applied for under case # Subdivision Exemption SUBX15-0012. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20 G.2 A.Policy 7.2 of the Weld County Code states:" Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." USRY15-0021, Whiting Oil and Gas, Page 2 of 10 The site is in a rural agricultural area. Development Standards and Conditions of Approval (on site lighting is required to be shielded and downcast and a noise limit development standard is attached) are proposed to ensure compatibility with the surrounding area. Section 22-4-140 B. EP.Goal 2. of the Weld County Code 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." The site is located in a sparsely populated rural area. Section 22-4-140 B. 1. EP.Policy 2.1 of the Weld County Code states: "In reviewing the operational and reclamation plans for solid and brine waste disposal facilities, the County should impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding properties and wildlife resources." The site is in a rural area. Development Standards and Conditions of Approval (on site lighting is required to be shielded and downcast and a noise limit development standard is attached) are proposed to ensure compatibility with the surrounding area. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code allows Oil and Gas Support and Service Facilities (Disposal and Recycling Sites for Production Waste) as a Use by Special Review Permit in the A (Agricultural) Zone District. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed site is located in a rural area approximately 1 mile to the southeast of the nearest residence. Two letters of concern were received from surrounding property owners in regards to this application. The letters expressed concern with traffic and the noise for the trucks braking at the intersection of County Road 116 and County Road 133. The majority of waste water will be piped into the site. The application indicates that an average of ten (10) trucks will access the site on a daily basis. 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 not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. 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. USRY15-0021, Whiting Oil and Gas, Page 3 of 10 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 approximately 5 acres delineated as "Prime" and "Prime if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed facility will encompass 5 acres of an approximately 715 acre parcel. 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 evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant may provide evidence from the APCD that they are not subject to these requirements. Evidence of acceptance shall be submitted, in writing, to the Weld County Department of Planning Services. (Department of Environmental Health) The applicant shall complete a Non -Exclusive License Agreement for the upgrade and maintenance of Weld County Right -of -Way. (Department of Public Works) An Improvements Agreement and road maintenance agreement is required for this site. Road maintenance including dust control, damage repair, and triggers for improvements will be included. (Department of Public Works) D. An accepted Water Quality Feature drainage design is required. (Department of Planning Services - Engineer) E. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR15-0021 (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 applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the lighting. (Department of Planning Services) USRY15-0021, Whiting Oil and Gas, Page 4 of 10 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. County Road 116 is a gravel 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 verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Planning Services - Engineer) 8. County Road 133 is a gravel 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 verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Planning Services - Engineering) 9_ Show and label the approved Non -Exclusive License Agreement and recorded reception number and date on the map. (Department of Planning Services - Engineering) 10. Show and label the approved access(es) and access permit number(s) on the map (AP15-00091). (Department of Public Works) 11. Show and label all easements with the recorded document reception number and date on the map. (Department of Planning Services - Engineer) 12. Show and label a tracking control device and a minimum of 300ft of recycled asphalt/road base on the map. (Department of Planning Services - Engineer) 13. Show the accepted water quality feature on the map and label as 'Water Quality Feature, No -Build or Storage Area, Volume= (add volume #)'. (Department of Planning Services -Engineering) 14. Show and label the accepted drainage features, drainage flow arrows and parking and circulation on the map. (Department of Planning Services - Engineer) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or 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) USRY15-0021, Whiting Oil and Gas, Page 5 of 10 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be senttomaps@co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. Contact the Planning Department for application information. (Department of Planning Services - Engineer) B. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Planning Services - Engineer) 6. Prior to Operation: A. 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) 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) USRY15-0021, Whiting Oil and Gas, Page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Whiting Oil and Gas USR15-0021 A Site Specific Development Plan and Use by Special Review Permit, USR15-0021, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Non -Commercial Class II Oilfield Waste Disposal Facility - Saltwater Injection 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 Coda (Department of Planning Services) 3. The hours of operation are 24 -Hours a Day, 7 Days a week, as stated by the applicant(s). (Department of Planning Services) 4. The parking on the site shall be maintained. (Department of Planning Services) 5. 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) 6. No disposal of waste, other than Class II, as currently defined by the Environmental Protection Agency, is permitted. No Class II waste, other than Class II waste from wells operated by the injection well operator is permitted for disposal. Any changes from the approved Class II use will require an amendment to this Use by Special Review Permit. (Department of Public Health and Environment) 7. All liquid wastes received at the facility shall be unloaded on the unloading pad. The unloading/loading pad leak detection system shall be constructed and operated in accordance with the approved design. The unloading pad will be kept in good condition and cleaned at a frequency that prevents oils and other wastes from building up on the pad. During winter months, the facility shall maintain the unloading pad free of ice. (Department of Public Health and Environment) 8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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) 9. 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, Section 30-20-100.5. C.R.S. (Department of Public Health and Environment) 10. A leak detection system shall be designed and installed beneath concrete unloading pad(s), piping, and sump(s). The plans and engineered drawings will be stamped and signed by a Colorado Registered Professional Engineer (PE). The unloading pad shall be kept in good condition and leak detection and unloading pad plans shall be onsite and available upon request. (Department of Public Health and Environment) 11. Secondary containment shall be concrete for all storage and processing tanks. Secondary containment volume shall provide containment for the entire contents of the largest single tank plus sufficient freeboard to allow for precipitation. The plans and engineered drawings will be stamped and signed by a Colorado Registered PE. Synthetic structures (non -concrete) are permitted, provided a Colorado Registered PE provides a certification indicating that the proposed alternate containment system meets, or exceeds, the function of a concrete system with regard to containment, spills, and unintended releases. The secondary containment shall be kept in good condition. Secondary containment plans and certifications, volume calculations demonstrating sufficient freeboard is available, and PE stamped drawings shall be onsite and available upon request. USRY15-0021, Whiting Oil and Gas, Page 7 of 10 (Department of Public Health and Environment) 12. Unloading pad(s), secondary containment and tanks shall be inspected for integrity and leaks at least monthly. Documentation of inspections will be kept onsite and available upon request. (Department of Public Health and Environment) 13. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with applicable rules and regulations. All spills will be documented and records will be kept onsite for WCDPHE review upon request. 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) 14. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the facility will remove all wastes from the site and decontaminate all equipment, tanks, and secondary containment. All wastes removed from the site during closure activities will be disposed of off -site, in accordance with all state and federal rules and regulations and with Weld County Code. Documentation of closure activities will be provided to WCDPHE. (Department of Public Health and Environment) 15. The facility shall comply with the accepted Groundwater Monitoring Plan. (Department of Public Health and Environment) 16. All stormwater, which has come into contact with waste materials on the site, shall be confined on the site. In the event the storm water is not adequately controlled on the site, upon written notification from the WCDPHE or CDPHE, a comprehensive site -wide Stormwater Plan shall be developed and implemented. The plan must be approved, in writing by the WCDPHE or CDPHE, prior to implementation. (Department of Public Health and Environment) 17. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of Public Health and Environment) 18. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public Health and Environment) 19. This facility shall adhere to the maximum permissible noise levels allowed in the non -specified Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 20. 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. (Department of Public Health and Environment) 21. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe manner, in accordance with product labeling, and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 22. Adequate drinking, hand washing 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) USRY15-0021, Whiting Oil and Gas, Page 8 of 10 23. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on site. (Department of Public Health and Environment) 24. 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) 25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 26. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services - Engineer) 27. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services - Engineer) 28. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 29. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized. (Department of Planning Services - Engineer) 30. The right-of-way or easement shall be graded and drained to provide an all-weather access. (Department of Planning Services - Engineer) 31. There shall be no tracking of dirt or debris from the site onto publically maintained roads. The applicant is responsible for mitigation of any offsite tracking and maintaining onsite tracking control devices. (Department of Planning Services - Engineer) 32. 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 2014 National Electrical Code. (Department of Building Inspection) 33. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 34. 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. 35. 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. 36. 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. USRY15-0021, Whiting Oil and Gas, Page 9 of 10 37. WELD COUNTY'S RIGHT TO FARM: 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, sandburs, 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. USRY15-0021, Whiting Oil and Gas, Page 10 of 10 July 18, 2016 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 WAGONER CODY 370 VAN GORDON ST LAKEWOOD, CO 80228 Subject: USR16-0021 - A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Storage Facility (crude oil tank farm and truck unloading facility) in the A(Agricultural) Zone District. On parcel(s) of land described as: W2SW4 SECTION 33, T6N, R61 W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 16, 2016, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September 7, 2016 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.weldcountyplanni ngcases.orq If you have any questions concerning this matter, please call. Respectfully. Chris Gathman Planner Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2016.07.18 15:27:09 -0600' DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 June 06, 2016 WAGONER CODY 370 VAN GORDON ST LAKEWOOD, CO 80228 Subject: USR16-0021 - A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Storage Facility (crude oil tank farm and truck unloading facility) in the A (Agricultural) Zone District. On parcel(s) of land described as: W2SW4 SECTION 33, T6N, R61W 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. If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2016.06.06 14:20:42 -06'00' FIELD CHECK inspection dates: 8/5/2016 APPLICANT: CASE #: REQUEST: LEGAL: LOCATION: Tallgrass Terminals LLC CIO Cody Wagoner USR16-0021 A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Storage Facility and Transloading Facility (crude oil tank farm and truck unloading facility) in the A (Agricultural) Zone District. W2SW4 of Section 33, TEN, R61W of the 6th PM, Weld County, CO East of and adjacent to County Road 89 and north of and adjacent to County Road 62 section line. PARCEL ID #s: 079533300003 ACRES: +1- 80.78 acres Zoning Land Use N A N Dryland Crops/SF residence to NE E A E Dryland Crops S A S Dryland Crops W A W Dryland Crops COMMENTS: Undeveloped parcel in dryland crops. Chris Gathman - Planner Ill Hello