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HomeMy WebLinkAbout20160458.tiff ti„ f Utz t: LAND USE APPLICATION SUMMARY SHEET r Planner: C. Gathman Hearing Date: January 19, 2016 Case Number: USR15-0063 Applicant: High Plains Disposal, Inc. Address: 13025 County Road 16, Fort Lupton, CO 80621 Representative: Charles Sonnier— Lamp Rynearson &Associates Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities, including an Oil and Gas Support and Service Facility (storage of piping and equipment in support of oil and gas operations) in the A (Agricultural)Zone District. Legal Lot B of Recorded Exemption RE-4560; Being part of NW4 of Section 25, T5N, R65W Description: of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 54 and east of and adjacent to County Road 47. Size of Parcel: +/- 53.2 acres Parcel No. 096125200005 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 Zoning Compliance, referral dated October 15, 2015 Weld County Department of Planning Services-Engineer, referral dated November 16, 2015 • Town of Kersey, referral dated November 3, 2015 • West Greeley Soil Conservation District, referral dated November 9, 2015 • Weld County Department of Public Health and Environment, referral dated October 30, 2015 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Colorado Parks and Wildlife, referral dated October 26, 2015 ➢ City of Greeley, referral dated October 15, 2015 ➢ Weld County Public Works—Access permit, referral dated October 28, 2015 ➢ Greeley-Weld County Airport Authority, referral dated January 7, 2016 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Weld County Building Inspection ➢ Weld County Sheriff's Office ➢ Colorado Department of Transportation ➢ City of Evans School District RE-6 Union Pacific Railroad PDC Energy, Inc. LaSalle Fire Protection District USR15-0063—High Plains Page 1 ‘k AP SPECIAL REVIEW PERMIT r. 1= ADMINISTRATIVE REVIEW Planner: C. Gathman Hearing Date: January 19, 2015 Case Number: USR15-0063 Applicant: High Plains Disposal, Inc. Address: 13025 County Road 16, Fort Lupton, CO 80621 Representative: Charles Sonnier— Lamp Rynearson &Associates Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities, including an Oil and Gas Support and Service Facility (storage of piping and equipment in support of oil and gas operations) in the A (Agricultural)Zone District. Legal Lot B of Recorded Exemption RE-4560; Being pad of NW4 of Section 25, T5N, R65W of the Description: 6th P.M., Weld County, CO Location: South of and adjacent to County Road 54 and east of and adjacent to County Road 47. Size of Parcel: +/- 53.2 acres Parcel No. 096125200005 Case Summary: The applicant is proposing a storage yard for piping and equipment associated with oil and gas operations. The facility is proposed to operate 365 days a year and 24 hours a day. No buildings are associated with this application. No lighting and signage is proposed. The applicant are proposing fenced screening (no landscaping) to screen the storage area. It is estimated that 65 trucks would access the site on a daily basis. This application was in response to an active zoning violation (case #ZCV15-00122) for operation of a tank storage yard without proper zoning permits. The applicants scheduled a community meeting with neighboring property owners within 500-feet of the USR site. Notices of the meeting were sent by mail to these property owners. The applicants spoke via phone with one of the property owners prior to the hearing and one neighbor (who lives west of and adjacent to the property) attended the meeting on Thursday, September 24, 2015. The applicants intended that no concerns were expressed by these neighbors. No phone calls or correspondence has been received from surrounding property owners regarding this application. 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 I. A. Goal 9 states "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." USR15-0063—High Plains Page 2 Conditions of approval and development standards (the storage area is required to be screened and a noise limit is attached) will address impacts and compatibility with the surrounding area. Section 22-2-80 C. I.Goal 3. Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments." An Improvements and Road Maintenance Agreement is a condition of approval for this case to address any potential offsite impacts to county roads generated by this use. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 24-3-40.A.1 of the Weld County Code allows for Oil and Gas Storage (storage of piping and equipment in support of oil and gas operations) as a Use by Special Review Permit in the A(Agricultural)Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is located east of and adjacent to an existing single-family residence. An Oil and Gas Support and Service facility (saltwater disposal facility approved under MUSR13- 0002) is located immediately to the east of the site. Two single family residences are located to the north and west. The site is bordered by the Union Pacific Railroad and farmland to the south. No phone calls or correspondence has been received from surrounding property owners in regards to this case. Conditions of approval and development standards (the storage area is required to be screened and a noise limit is attached) will address impacts and compatibility with the surrounding area. No lighting is proposed for this use. 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 Greeley and the Town of Kersey. The City of Greeley in their referral comments, dated October 15, 2015 indicated that they have no concerns. The Town of Kersey in their referral dated November 3, 2015 recommended that the applicant work with Kersey to annex the property once eligible for annexation, control weeds and vegetation inside and outside the fencing, require ongoing maintenance to control mud tracked on roads and at site entrances, and maintain the site in a neat and orderly manner. An Improvements and Road Maintenance agreement is required to address impacts to county road and a development standard is attached requiring that noxious weeds be controlled on the site. 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 in a floodplain. The site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. USR15-0063—High Plains Page 3 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 approximately 53.2 acres delineated as "Irrigated Land (Not Prime)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. 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 Landscaping/Screening Plan to the Department of Planning Services for review and approval. All storage areas shall be screened from adjacent properties and public rights of way. The site shall be screened by either an opaque fence or live vegetation. No screening is required along the eastern property line due to the proximity to an existing saltwater disposal facility and no screening is required along the southern property line (north of the railroad). (Department of Planning Services) B. 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) C. 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) D. The applicant shall attempt to address the comments from the Town of Kersey as stated in their referral dated November 3, 2015. Written evidence of such shall be provided to the Department of Planning Services. (Town of Kersey) E. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR15-0063 (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) USR15-0063—High Plains Page 4 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 landscaping and/or screening. (Department of Planning Services) 6. County Road 54 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 Planning Services - Engineer) 7. Show and label the approved accesses (AP15-00512), and the appropriate turning radii on the site plan. (Department of Planning Services - Engineer) 8. Show and label all recorded easements and rights-of-way on the map by book and page number or reception number and date on the site plan. (Department of Planning Services- Engineer) 9. Show and label the approved tracking control on the site plan. (Department of Planning Services- Engineer) 10. Show and label the accepted drainage features and drainage flow arrows on the site plan. Stormwater ponds should be labeled as "Stormwater Detention, No-Build or Storage Area" and shall include the calculated volume. (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) 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 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. (Department of Planning Services- Engineer) USR15-0063—High Plains Page 5 B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services- Engineer) 6. 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) USR15-0063—High Plains Page 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS High Plains Disposal, Inc. USR15-0063 1. A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities, including an Oil and Gas Support and Service Facility (storage of piping and equipment in support of oil and gas operations) 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 hours of operation are 24-hours a day, 365 days a year, as stated by the applicant. (Department of Planning Services) 4. A maximum of 65 trucks per day (pickup trucks and tractor trucks) will access the site on a daily basis, as stated by the applicant. (Department of Planning Services) 5. The parking 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. No permanent employees will be located on the site. Site will be accessed by transient truck drivers only to pick-up and drop-off equipment. (Department of Planning Services) 8. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 9. 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) 10. 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) 11. 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. (Department of Public Health and Environment)A 12. 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) 13. 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) 14. 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) USR15-0063—High Plains Page 7 15. 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) 16. 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) 17. 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) 18. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services- Engineer) 19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services- Engineer) 20. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Planning Services- Engineer) 21. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Planning Services- Engineer) 22. 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. 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) 23. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 24. 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. 25. 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. 26. 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. 27. 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 USR15-0063—High Plains Page 8 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. 28. 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. USR15-0063—High Plains Page 9 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3537 p v i FAX: (970) 304-6498 December 28, 2015 SONNIER CHARLES 4715 INNOVATION DR STE 100 FT COLLINS, CO 80525 Subject: USR15-0063 - A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility (storage of piping and equipment in support of oil and gas operations) in the A(Agricultural)Zone District. On parcel(s)of land described as: PART NW4 SECTION 25, T5N, R65W LOT B REC EXEMPT RE-4560 OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on January 19, 2016, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 3, 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.weldcou ntyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, ReasoD�� � 117°----- n:ally signed y Khisoef Ransdlom Reason:I am the author of this document Date:2015.12.28 12:31:05-07'00' Chris Gathman Planner N DEPARTMENT OF PLANNING SERVICES i 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us � E-MAIL: cgathman@co.weld.co.us iri_ �j, PHONE: (970)353-6100, Ext. 3537 ti ' FAX: (970)304-6498 October 13, 2015 SONNIER CHARLES 4715 INNOVATION DR STE 100 FT COLLINS, CO 80525 Subject: USR15-0063 - A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility (storage of piping and equipment in support of oil and gas operations) in the A(Agricultural)Zone District. On parcel(s)of land described as: PART NW4 SECTION 25, T5N, R65W LOT B REC EXEMPT RE-4560 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 Commission(s)for their review and comments: Greeley at Phone Number 970-350-9780 Kersey at Phone Number 970-353-1681 Evans at Phone Number 970-475-1170 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, r Digitally signed by Kristine Ranslem ,43,1 Reason:I am the author of this document LNw'� �"'"�"� Date:2015.10.13 15:22:24-06'00' Chris Gathman Planner Lila' ter service. Inc A COMPLETE ENERGY SERVICES COMPANY —FLUID MANAGEMENT DIVISION — To whom it may concern: A&W Water Service is holding a neighborhood meeting to discuss a USR application with Weld County on 54 acres west of our current High Plains Disposal property in Kersey. Please join us at the Cobblestone Inn and Suites at 309 Hill Street, Kersey,CO 80644 on Thursday September 24`h at 6 pm. Thank y. ., Jeff Wright 303-434-6989 jwright@awwaterservice.com WELD COUNTY COLORADO LAND RECORDS 9/3/2015 AFFIDAVIT OF INTERESTED LAND OWNERS 10:47:39 AM SURFACE ESTATE THE UNDERSIGNED,States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses,and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,http://www.co.weld.co.us, and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Le\4ERS 1 9\A- k o RKAr- L ss O` f jct ��y �- vu--`-1r1 q /q /a D 1 5 nature Date Property Owners Within 500 ft of Parcel#096125200005 Account Parcel Owner Mailing Address R3918886 096123000021 BROWN MARJORIE FAMILY TRUST j 1 R3918886 096123000021 BROWN THOMAS 22543 COUNTY ROAD 54 ✓ GREELEY,CO 806319764 R1119002 096124300033 WEINMEISTER DAVID L 23041 COUNTY ROAD 54 GREELEY,CO 806319767 R3990106 096124300035 WEINMEISTER DAVID L 23041 COUNTY ROAD 54 GREELEY,CO 806319767 R3990206 096124300036 WEINMEISTER DAVID L 23041 COUNTY ROAD 54 GREELEY,CO 806319767 R4722807 096125200001 HIGH PLAINS DISPOSAL INC C/O MERIT APPRAISAL TAX&CONSULTING PO BOX 330 GAINESVILLE,TX 762410330 R4722107 096125200004 JOHNSON PHYLLIS 25938 COUNTY RD 47 v/ GREELEY,CO 80631 R4722207 096125200005 HIGH PLAINS DISPOSAL INC 4727 GAILLARDIA PKWY OKLAHOMA CITY,OK 731421876 R1042102 096126000010 GEIB LISA R WELD COUNTY COLORADO LAND RECORDS 9+3/2015 AFFIDAVIT OF INTERESTED LAND OWNERS 10:47:39 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 ft of Parcel#096125200005 Account Parcel Owner T Mailing Address / R1042102 096126000010 GEIB MATTHEW L T 1742 37TH AVENUE PL / GREELEY, CO 806343436 -1VVV� R0534601 096126000067 KEATON ROGER C 25569 COUNTY ROAD 47 GREELEY,CO 80631 / service, Inc A SUPERIOR ENERGY SERVICES COMPANY - FLUID MANAGEMENT DIVISION — September 24,2015 PLEASE SIGN IN BELOW 1 . PQ�p JU14/1n-5-(T4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 From: Wright, Jeffrey To: Bethany Pascoe; Chris Gathman Cc: Michelle Martin; Dowden, William; Jacoby,Scott; Charles J. Sonnier(Charles.Sonnier@LRA-INC.com); Wright, Jeffrey Subject: RE: Consent Agreements Date: Friday,September 25,2015 1:54:05 PM Attachments: Meeting requests.odf SITE MAP.pdf Bethany, Please see the attached documents for satisfaction on item #5 of our consent agreement. We held the neighborhood meeting last night with only one neighbor attending. You will find a copy of the letter sent, listing of addresses that the letters were sent to signed by the Fort Lupton post office, our proposed site map as handed out at the meeting, and sign in sheet. Here is a rundown of the meeting notes, please let me know if you need them more formal: Matt Geib called on 9/18/2015 to see what the meeting was about. I described our activities for a storage yard currently and future plans of a building, washout pit and additional disposal well. At this time he did not express any concerns that we needed to address and did not attend the meeting on Thursday 9/24/2015. We held our neighborhood meeting on Thursday 9/24/2015 at 6 pm at the Cobblestone Inn in Kersey. One neighbor did attend, Phyllis Johnson. Phyllis is our neighbor adjacent the property on the west side. We have been in contact with her in recent weeks as she has been directly impacted by the increased traffic for hauling in frac tanks for storage. We explained that our initial permitting would be for storage of oil field related equipment such as frac tanks, trailers, trucks, etc. and that at some future time we would initiate amendments to add buildings and/or an additional disposal well. Phyllis received a copy of our proposed site map as well as received additional contact information for A&W in the case that concerns do arise. We also conveyed the message that the county will be communicating this project to her as well thru the permit process. At this time she does not have any concerns with our plans. Please let me know if you need additional information. Thank you, Jeff Wright A&W Water Service 303-434-6989 jwright@awwaterservice.com From: Bethany Pascoe [mailto:bpascoe@co.weld.co.us] Sent: Friday, September 04, 2015 1:35 PM To: Wright, Jeffrey Cc: Michelle Martin Subject: Consent Agreements Hi Jeff, My name is Bethany Pascoe and I am the Zoning Compliance Officer for Weld County. Michelle indicated that she had already spoken to you about the need for a signed Consent Agreement. Please see the attached Consent Agreements. They are for both properties (the one you are at currently and the one you are moving too). Please make arrangements to have representatives from both companies also sign the attached document. In order to avoid this case being forwarded for legal action, I will need to receive both signed Consent Agreements by Friday, September 11, 2015. Thank-you in advance. Please feel free to contact me with any questions and/or concerns. Bethany Pascoe Zoning Compliance Officer II Weld County Department of Planning Services 1555 N 17th Ave 970-353-6100, Ext 3555 970-304-6498 (fax) IMIll Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. CO toe. • a 1' N1 _. i 1 v •E t C 71 ! .�_ — r — —— r A, - ,,. \ \ 4' r �I I L3 wn,.t..a.Ent.."`u"'" III 0 2. 7. \ 8e, V-• I a oI II r:iii .i .exe, 7 2 szi_ O 1.14 a XI III; 4{ r _,,CO GI \ T. 4# I rifif Jr1 r ` En T co \ \ \ \\ 14,5;:„.7 . :I ep. z o r -U v v nil > m c `\\ 1 I. n o m «F \\ L iiix D n z D c,. A iti,ire I;i)Nld o 33 \ ° i § ri t I $ ILI I P O In r�"j' \ II.il o. 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PLOT PLAN HIGH PWNS DISPOSAL, LOT B, RE 4560 - USR15-XXXX.y WELD COUNTY, CO ,...1a.:a— September 28, 2015 J I L LAMP RYNEARSON Mr. Chris Gathman & ASSOCIATES Weld County Department of Planning Services ENGINEERS I SURVEYORS I PLANNERS 1555 North 17th Avenue, 2nd Floor 4715 Innovation Drive, Suite 100 Greeley, Colorado 80631 Fort Collins, Colorado 80525 Email: cgathman@co.weld.co.us [P] 970 226 oaaz [F] 970226.0879 www.[RA-Inc.com RE: Use by Special Review (PRE15-0077) Response to 9/5/15 Completeness Review Comments High Plains Disposal, Inc. Lot B, RE-4560 Weld County, Colorado Dear Mr. Gathman: The following are your comments along with associated responses: - I noticed on question#1 -in your application you indicate the potential for a future washout area for tanks, office and maintenance shop,along with an injection well.You indicate that this is future phasing and that you would apply for an amendment to the USR at thistime. -Please remove any reference to future phasing from the application questionnaire.We are only reviewing the storage area component under this permit. All references to future phasing and improvements have been omitted. - Update questionnaire response 5.j -Further clarify what will be stored on site-(besides pipes)clarify what type of oil and gasequipment related equipment isgoingto be stored on site(are they goring tanks?Drill rigs,fractanks__..) Thissection has been amended with equipment type. - The Weld County Code allows one free-standing sign up to 6-feet in height and 16-squarefoot in area in the Agricultural zone. If you are proposing larger and/or additional signs please provide a response that indicates this in your application. Please provide how large, how tall and/or how many additional signs are proposed. No free-standing sign is proposed for this USR application. A small sign posted on the fence adjacent to the entrance gate is proposed. - You indicate a screening fence will be installed-please clarify the type and height of fence the applicant is proposi ng to install. An 8'tall chain link fence with privacy dats is proposed. - For Clarification Purposes-print out the name below the signature of who signed the application on behalf of High Plains The application has been updated as specified and isendosed. Note: Per the attached consent agreement-A complete application and application fee MUST be submitted by OCTOBER 5,2015 to avoid having to pay the 50% investigation fee and to avoid being scheduled for court. If a complete application is submitted before this deadline—the application fee will be$2,500.00. Comment Noted Leaving a Legacy of Enduring Improvements to Our Communities - PURPOSE STATEMENT ENGINEERS SURVEYORS PLANNERS The following revised items are included: • 001 - Signed USR application - Revised • 002 - Special Review Use questionnaire - Revised The application fee of$2,500.00, Plat recording fee of$21.00 and an Access Permit fee of$75.00 will be provided separately by the Owner prior to October 5, 2015. If you have any questions or concerns regarding this submittal, please feel free to contact me or the applicant at your convenience. Sincerely, LAMP, RYNEARSON &ASSOCIATES, INC. Charles Sonnier, PE Project Manager FIELD CHECK inspection dates: 1/8/2016 APPLICANT: High Plains Disposal, Inc. CASE #: USR15-0063 REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities, including an Oil and Gas Support and Service Facility (storage of piping and equipment in support of oil and gas operations) in the A (Agricultural) Zone District. LEGAL: Lot B of Recorded Exemption RE-4560; Being part of NW4 of Section 25, T5N, R65W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to County Road 54 and east of and adjacent to County Road 47. PARCEL ID #s: 096125200005 ACRES: +/- 53.2 acres Zoning Land Use N A N 2 SF residences E A E Oil and Gas Wastewater disposal facility S A S Railroad & Farmland W A W Farmland/SF residence to SW COMMENTS: No existing buildings on property. Site is located immediately to the south and east of a single-family residence. C_ Chris Gathman - Planner III Hello