HomeMy WebLinkAbout20161772.tiff � �86i �� ..E
LAND USE APPLICATION
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Planner: Diana Aungst Hearing Date: June 7, 2016
Case Number: USR16-0009
Applicant: 7N , LLC c/o Extraction Oil & Gas
Request: A Site Specific Development Plan and Use by Special Review Permit for Oil or Gas
Production Facilities (24 wells, 18 oil tanks, 2 water tanks, 24 separators, 2 meter
houses, 4 vapor recovery units, 8 emission control devices and 2 vapor recovery
towers) in the R- 1 (Low Density Residential) Zone District
Legal Lot A of Recorded Exemption, RE-304; Part S2NW4 Section 15, T5N , R65W of the 6th
Description : P. M . , Weld County, CO
Location : East of and adjacent to Cherry Ave and approximately 300 feet north of E. 24th Street
Size of Parcel: 35.00 acres Parcel No. 0961 -15-2-00-014
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ City of Greeley, referral dated April 14, 2016
➢ Weld County Department of Public Works, referral dated April 13, 2016
➢ Weld County Department of Public Works — MS4, referral dated April 6, 2016
➢ State of Colorado, Division of Water Resources, referral dated March 15, 2016
➢ Weld Counry Department of Planning Services - Engineer, referral dated April 11 , 2016
➢ Weld County Department of Public Health and Environment, referral dated March 25, 2016
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Town of Kersey, referral dated March 15, 2016
Y Weld County School District RE-6, referral dated April 25, 2016
➢ Weld County Sheriff's Office, referral dated March 21 , 2016
➢ Weld County Zoning Compliance, referral dated March 14, 2016
➢ West Greeley Conservation District, referral dated April 11 , 2016
The Department of Planning Services' staff has not received responses from the following agencies:
➢ City of Evans v Western Hills Fire Protection District
➢ Greeley #3 Ditch v Colorado Department of Transportation
'v Colorado Parks and Wildlife v Weld County Department of Building Inspection
➢ City of Greeley Water Department
usrzis-000s
Page 1 of 12
� � igbi „a SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
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Planner: Diana Aungst Hearing Date: June 7, 2016
Case Number: USR16-0009
Applicant: 7N , LLC c/o Extraction Oil & Gas
Request: A Site Specific Development Plan and Use by Special Review Permit for Oil or Gas
Production Facilities (24 wells, 18 oil tanks, 2 water tanks, 24 separators, 2 meter
houses, 4 vapor recovery units, 8 emission control devices and 2 vapor recovery
towers) in the R- 1 (Low Density Residential ) Zone District
Legal Lot A of Recorded Exemption, RE-304; Part S2NW4 Section 15, T5N , R65W of the 6th
Description : P. M . , Weld County, CO
Location : East of and adjacent to Cherry Ave and approximately 300 feet north of E. 24th Street
Size of Parcel: 35.00 acres Parcel No. 0961 -15-2-00-014
Backaround:
In 1985 USR-665 was approved for oil and gas production facilities associated with the Sandusky wells
for Basin Exploration, Inc. The boundary of USR-665 contains 80 acres in the south half of the northwest
quarter of Section 15, T5N , R65W. USR-665 approved two (2) wells: the Sandusky #1 and Sandusky #2
both with associated production equipment. Sandusky #1 is still a producing well operated by Noble
Energy, Inc. Sandusky #2 which is located south of the Greeley #3 Ditch, appears to have been drilled as
the Eisenman 22-15 in 1993 and is also operated by Noble Energy, Inc. The associated production
equipment appears to have never been installed for Sandusky #2. Since 1985 the original 80 acres has
been divided into 6 separate parcels using the recorded exemption process. The applicant is proposing
to partially vacate USR-665 on the subject property and replace it with USR16-0009. USR-665 will
remain on the south —43 acres (4 separate parcels) and USR16-0009 will be placed on the subject
property. The parcel on the northwestern corner of the original 80 acres will be part of the partial vacation
and will not be part of USR16-0009. The partial vacation of USR-665 is a Condition of Approval .
Case Summarv:
The applicant is requesting a USR for Oil or Gas Production Facilities in the R-1 (Low Density
Residential) Zone District. The applicant is proposing a multiple oil and gas well pad which includes 24
horizontally drilled wells, 18 oil tanks, 2 water tanks, and associated production equipment. There is a
new access proposed on Cherry Avenue approved by the Weld County Department of Public Works.
There is an existing well pad on the subject property that will be plugged and abandoned and the
associated production equipment will be removed. The application materials state that this new well pad
will allow for efficient drilling of minerals from one single location and will also allow minerals to be
developed which may otherwise be stranded due to regulations pertaining to well pad siting.
The hours of operations are 24-hours a day / 7-days a week. Up to 50 employees, working in two shifts,
will be on-site during the drilling , once the wells are completed the facility will be monitored daily by an
Extraction employee. No on-site employees are proposed. Access to the site will be controlled by an
automatic gate that will control access via a key pad. Construction of the well pad , earthwork operations,
USR16-0009
Page 2 of 12
and construction of the facilities will be conducted during typical business hours but may occur 7-days a
week.
The application materials state that this well pad will be drilled in two phases. Each phase will take about
240 days; for a total of 480 days to complete both phases. Landscaping will be installed after phase one
is completed. Interim reclamation of the location will be completed in accordance with COGCC Rule 1003.
Storage and/or stockpiling of wastes are not expected on-site. During construction of the pad , solid waste
generated by the site will be collected and disposed of by a contracted waste disposal company. Disposal
will follow the rules and regulations as defined by the Colorado Department of Public Health and
Environment.
The applicant will implement various best management practices (BMPs) during the drilling phase of this
project to minimize impacts to surrounding land owners. BMPs that will be implemented include:
• Installation of temporary sound walls during drilling and completion activities.
• If feasible, powering the drilling rig off of a high line power line, which would eliminate the noise
caused by the generators on the rig. This noise mitigation solution requires proper infrastructure
supplied by the power company and therefore may be out of Extraction's hands.
• During drilling , Green Completion Practices and a closed loop system will be used for the drilling
fluids. No open pits will be used.
• Use of a local or nearby water source to fill the Modular Large Volume Tanks (MLVTs) during
completions operations therefore reducing truck traffic by not hauling water to the site.
• Extraction contracts with a third party environmental compliance Specialist Company to complete
regular General Tank Battery and Fugitive Emissions Inspections and Optical Gas Imaging Surveys
at the proposed tank battery.
• Install Emission Control Devices (ECD) and Vapor Recovery Units (VRU ) to reduce the VOC vapors
that are generated from crude oil condensate storage tanks. The ECD and VRU units reduce VOC
emissions by at least 95% through combustion and sequestration .
• Silica dust suppression will be implemented during the completion process so that dust generated
from the silica sand used during hydraulic fracturing will be contained using a vacuum system .
• Extraction utilizes technology that completely automates the facility. By using such technology,
Extraction can remotely monitor the location. In the event the facility is not operating under normal
conditions, the automation system will immediately notify Extraction and has the ability to perform an
emergency shut down if necessary.
• Extraction is committed to using Lease Automatic Custody Transfer (LACT) meters to load trucks on
this pad . The LACT meter has many advantages over traditional truck loading including :
o Less likely to have spills because of improved connections,
o LACT pump is electric driven and enclosed , reducing noise, Truck loading times are at least two
times faster, reducing the amount of time a truck is on location ,
o Truck vent lines are sent to the Emission Control Device which is 95% efficient destruction of
VOC,
o Oil haulers no longer need to climb to the top of tanks and open thief hatches to gauge tanks.
This eliminates the emissions from blowing down tanks and keep drivers safe by not exposing
them to tank vapors.
La ndscapi nq/Screen i nq:
The application materials state that a 6-foot wood privacy-fence and trees are proposed along the west,
north, and a portion of the southern property boundary. A 6-foot black chain-link fence is proposed along
the boundary that is adjacent to the Greeley #3 Ditch (the south/east boundary).
Equipment:
The proposed well pad will consist of 24 directionally or horizontally drilled wells and the following
production equipment:
• 18 Oil Tanks: store produced oil , 500 bbl capacity, welded steel, 25 ft tall
• 2 Water Tanks: store produced water, up to 500 bbl capacity, fiberglass or welded steel, 25 ft tall
• 24 Separators: separates production fluid into their constituent components of oil, gas, and water
• 2 Meter Houses: meters produced gas, oxygen levels
USR16-0009
Page 3 of 12
• 4 Vapor Recovery Unit (VRU): compresses natural gas emitted off the oil
• 8 Emission Control Device (ECD): eliminates excess gas that cannot be recovered by the VRU
• 2 Vapor Recovery Tower (VRT): Used to further separate gas entrained in the oil
Reclamation:
The application materials state that termination of the Use by Special Review is not expected until the oil
and gas wells no longer produce or the wells are no longer financially viable. The wells will be plugged
and abandoned and all debris, abandoned gathering line risers, flowline risers, and surface equipment
shall be removed within three (3) months of plugging a well in accordance with COGCC Rule 1004. Final
Reclamation of Well Sites and Associated Production Facilities. Financial assurance has been posted
with the COGCC to guarantee final reclamation of the site is completed .
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 22-5- 100.A. - OG. Goal 1 states, "Promote the reasonable and orderly exploration
and development of oil and gas mineral resources. "
The applicant is proposing a multiple oil and gas well pad which includes 24 horizontally
drilled wells, 18 oil tanks, 2 water tanks, and associated production equipment. There is
an existing well pad on the subject property that will be plugged and abandoned and the
associated production equipment will be removed . The application materials state that
this new well pad will allow for efficient drilling of minerals from one single location and
will also allow minerals to be developed which may otherwise be stranded due to
regulations pertaining to well pad siting .
The hours of operations are 24-hours a day / 7-days a week. Up to 50 employees,
working in two shifts, will be on-site during the drilling, once the wells are completed the
facility will be monitored daily by an Extraction employee. No on-site employees are
proposed. Access to the site will be controlled by an automatic gate that will control
access via a key pad . Construction of the well pad , earthwork operations, and
construction of the facilities will be conducted during typical business hours but may
occur 7-days a week.
The application materials state that a 6-foot wood privacy-fence and trees are proposed
along the west, north , and a portion of the south property boundary. A 6-foot black chain-
link fence is proposed along the boundary that is adjacent to the Greeley #3 Ditch (the
south and east boundary).
Section 22-5-100. 8. - OG. Goal 2 states, "Ensure that the extraction of oil and gas
resources consenies the land and minimized the impact on surrounding land and the
existing surrounding land uses. "
The applicant will implement various best management practices (BMPs) during the
drilling phase of this project to minimize impacts to surrounding land owners. Some of the
BMPs that will be implemented include:
• Installation of temporary sound walls during drilling and completion activities.
USR16-0009
Page 4 of 12
• If feasible, powering the drilling rig off of a high line power line, which would eliminate
the noise caused by the generators on the rig . This noise mitigation solution requires
proper infrastructure supplied by the power company and therefore may be out of
Extraction's hands.
• During drilling , Green Completion Practices and a closed loop system will be used for
the drilling fluids. No open pits will be used .
• Use of a local or nearby water source to fill the Modular Large Volume Tanks
(MLVTs) during completions operations therefore reducing truck traffic by not hauling
water to the site.
• Install Emission Control Devices (ECD) and Vapor Recovery Units (VRU ) to reduce
the VOC vapors that are generated from crude oil condensate storage tanks. The
ECD and VRU units reduce VOC emissions by at least 95% through combustion and
sequestration.
• Silica dust suppression will be implemented during the completion process so that
dust generated from the silica sand used during hydraulic fracturing will be contained
using a vacuum system.
Section 22-5- 100.8. - OG. Policy 2. 9. states, "Impose protective measures through
available state, County and federal regulations to ensure that the mineral operator
conducts operations in a manner that will minimize current and future environmental
impacts".
The application materials state that termination of the Use by Special Review is not
expected until the oil and gas wells no longer produce or the wells are no longer
financially viable. The wells will be plugged and abandoned and all debris, abandoned
gathering line risers, flowline risers, and surface equipment shall be removed within three
(3) months of plugging a well in accordance with COGCC Rule 1004. Final Reclamation
of Well Sites and Associated Production Facilities. Financial assurance has been posted
with the COGCC to guarantee final reclamation of the site is completed .
B. Section 23-2-220.A2. -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District Section 23-3-110.6. which allows for a Site Specific
Development Plan and Use by Special Review Permit for Oil or Gas Production Facilities
(24 welis, 18 oil tanks, 2 water tanks, 24 separators, 2 meter houses, 4 vapor recovery
units, 8 emission control devices and 2 vapor recovery towers) in the R-1 (Low Density
Residential) 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 adjacent lands consist of pastures, crops, rural residences, and a school in the RE-6
Disirict (Bella Romero Academy 4-8 campus). There is a residence on ihe parcel on the
northwest corner and the parcel on the southwest corner adjacent to the site. There are
three residences south of the Greeley #3 Ditch. The closest residence is on the parcel
adjacent to the southwest corner of the site.
There are seventeen (17) USRs within one mile of the site. USR-1726 for second home
and accessory parking, USR15-0009 for a trucking company and storage, USR-834 for a
home business, USR-1106 for a trash business, USR-503 for the sales of cemetery
monuments, Amended USR-926 for RV storage, Amended USR-345 for a gravel pit,
USR-771 for cultured marble fabrication , USR-755 for plastic products manufacturing ,
and USR14-0023 for a gravel pit are all located north of the site. USR-808 for a private
recreational facility, USR-306 for gravel mining, MUSR12-0012 for an RV park & storage,
and USR-852 for oil and gas production facilities are all located south of the site.
Amended USR-1208 for paint ball recreational facility and USR-832 for an oil and gas
production facility are located east of ihe site. USR-693 for an oil and gas production
facility is located west of and adjacent to the site.
USR16-0009
Page 5 of 12
The Weld County Department of Planning Services has received six (6) letters and a few
phone calls from the surrounding property owners that object to this USR. The letters
outline concerns about health risks, the risk of drilling next to a school, safety of the
citizens in the area, and the health of the children in the school.
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 Town of Kersey and the
Cities of Greeley and Evans. The Town of Kersey in their referral agency comments
dated March 15, 2016 indicated no concerns. The City of Evans did not respond with
referral comments. The City of Greeley in their referral comments dated April 14, 2016,
indicated that the site is within Greeley's Long Range Expected Growth Area.
Development Standards from Greeley's Triple Creek case were included in the referral
comments and requested to be part of the County's approval process. Greeley stated
that the applicant should utilize Best Management Practices, host a neighborhood
meeting, and situate equipment so that a trail can be placed along the Greeley #3 Ditch .
The Greeley Engineering Department has requested that the operator enter into a road
maintenance agreement. Additionally Greeley had concerns about the traffic numbers
and the source of water for the hydraulic fracturing . The City of Greeley stated that if the
water is not being supplied by the Greeley #3 Ditch or piped to the site the traffic
narrative should be revised accordingly.
Staff has included a Condition of Approval for the applicant to attempt to address the
comments from the City of Greeley. No referral agency comments were received from the
Greeley #3 Ditch . Staff has added a Condition of Approval for the applicant to revise the
traffic narrative if the water is required to be trucked into 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.
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 35.00 acres of soils designated as
"Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The USR will not take any "Prime (Irrigated)" farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health ,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld Counry 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.
USR16-0009
Page 6 of 12
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 complete a Partial Vacation of USR-665. (Department of Planning
Services)
B. The applicant shall record Recorded Exemption RECX16-0043. (Department of Planning
Services)
C. The applicant shall attempt to address the requirements of the Division of Water Resources,
as stated in the referral response dated April 14, 2016. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
D. The applicant shall attempt to address the requirements of the City of Greeley, as stated in
the referral response dated March 15, 2016. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall submit a revised traffic narrative if the water for completions cannot be
delivered via temporary pipeline or through local ditches and must be trucked to the site.
(Department of Planning Services)
F. A Drainage Variance request is required and shall be submitted for review and approval in
conjunction with the Drainage Narrative. The Variance Request form can be found at the
following link http://www.co.weld.co.us/Deqartments/PlanninqZoninp/Enpineerinp .html .
(Department of Planning Services - Engineer)
G. 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)
H . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR16-0009. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260. D of the Weld County Code.
(Department of Planning Services)
4) 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)
5) The map shall delineate the screening from public rights-of-way and surrounding property
owners. (Department of Planning Services)
6) The map shall delineate site and equipment lighting , if applicable. (Department of
Planning Services)
USR16-0009
Page 7 of 12
7) Cherry Avenue is a paved road and is designated on the Weld County Road
Classification Plan as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
8) Show and label the approved access (AP16-00117), and the appropriate turning radii on
the site plan. (Department of Public Works)
9) Show and label the approved tracking control on the site plan . (Department of Public
Works)
10) Show and label the entrance gate set back a minimum of 100 feet from edge of shoulder.
(Department of Public Works)
11 ) 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)
12) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the properry. (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 ihe
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(a�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 Public Works)
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)
USR16-0009
Page 8 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
7N, LLC c/o Extraction Oil & Gas
USR16-0009
1 . A Site Specific Development Plan and Use by Special Review Permit, USR16-0009, for Oil or
Gas Production Facilities (24 wells, 18 oil tanks, 2 water tanks, 24 separators, 2 meter houses, 4
vapor recovery units, 8 emission control devices and 2 vapor recovery towers) in the R-1 (Low
Density Residential) 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. This is an unmanned facility. (Department of Planning Services)
4. The landscaping/screening 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. The property owner shall control noxious weeds on the site. (Department of Public Works)
7. 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)
8. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
9. During design, a drainage report or letter shall be submitted. (Department of Public Works-MS4
Requirements)
10. Prior to the start of construction, a Stormwater Management Plan (SWMP) shall be implemented
as required by the Colorado Department of Public Health and Environment (CDPHE) permit for
Stormwater Discharges Associated with Construction Activities (COR030000). As detailed in the
SWMP, Best Management Practices (BMPs) shall be utilized to prevent sediment and other
potential pollutants, including trash , from leaving the site and entering adjacent properties or
nearby watenvays. (Department of Public Works-MS4 Requirements)
11 . During construction, Public Works shall be allowed to inspect BMPs for proper installation and
maintenance, ensuring adequate safety measures are taken to protect the landowner,
neighboring properties, adjacent roadways and nearby waterways from potentially adverse
effects of stormwater runoff. The contact will be notified prior to inspection in order for access to
be granted to the inspector. Inspections will be performed at a frequency required by the CDPHE
MS4 General Permit (COR090000). (Department of Public Works-MS4 Requirements)
12 . Upon final stabilization of the site, permanent structural BMPs may be inspected to verify
compliance with the design submitted in the drainage report. (Department of Public Works-MS4
Requirements)
13. Subsequent inspections may be performed to ensure proper operation and maintenance of the
permanent structural BMP at a frequency required by the CDPHE MS4 General Permit.
(Department of Public Works-MS4 Requirements)
14. The historical flow patterns and runoff amounts on the site will be maintained . (Department of
Planning Services-Engineer)
USR16-0009
Page 9 of 12
15. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services-Engineer)
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20
100.5, C. R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
17. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30 20 100.5, C.R.S. (Department of Public Health and
Environment)
18. 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
applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Public Health and Environment)
19. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health
and Environment)
20. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25 12 103 C. R.S. (Department of Public Health and Environment)
21 . Adequate drinking , hand washing and toilet facilities shall be provided for employees, at all times.
For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full
time employees on site, portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and Environment. Portable
toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
(Department of Public Health and Environment)
22. Any 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 Healih and Environment)
23. 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. (Department of Public Health and Environment)
24. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
sufficiently impervious to contain any spilled or released material. Secondary containment
devices shall be inspected at regular intervals and maintained in good condition. All secondary
containment will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rule
604 and/or the provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
25. The applicant shall acquire an Air Pollution Emission Notice (A. P. E.N .) and Emissions Permit
Application from the Air Pollution Control Division , Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
26. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control
Division , as applicable. (Department of Public Health and Environment)
USR16-0009
Page 10 of 12
27. 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)
28. 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)
29. 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)
30. A building permit may be required , per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2014 National Electrical Code; A building permit application must be completed
and two 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 registered State of Colorado engineer shall be required or an open hole inspection .
(Department of Building Inspection)
31 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
34. 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.
35. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including , but not limited to, sand and gravel, oil, natural gas,
and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because
(a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous
counties of the state face a critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
USR16-0009
Page 11 of 12
36. WELD COUNTY'S RIGHT TO FARM : Weld County is one of ihe 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 ihe fields, including the use of aerial spraying . It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S. , provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed , will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm . Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting .
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
USR16-0009
Page 12 of 12
Diana Aungst
From:
Sent:
To:
Subject:
Diana,
Erin Mathews <emathews@extractionog.com>
Monday, May 02, 2016 4:22 PM
Diana Aungst
Fwd: ROAD ACCESS
This was emailed to Morgan today, but wanted to make sure you are aware as well.
Thanks,
Erin
Erin Mathews
Office: 720-557-8308
Cell: 970-302-6171
Sent from Outlook
From: Penny Priscilla Graham <pen137@comcast.net>
Sent: Monday, May 2, 2016 3:05 PM
Subject: ROAD ACCESS
To: <mgabbert@weldgov.com>
Cc: Jamison Mcllvain <jmcilvain@extractionog.com>, Erin Mathews <emathews@extractionog.com>
Dear Morgan Gabbert;
This is to notify you that as the owners of 2450 Cherry Ave, Greeley; we would like the access road vacated.
We have discussed with Extraction Oil & Gas and Bayswater as to the closing of access road on our property;
They are willing to build a new access road just North, off Cherry Ave on there property.
If you have any questions please call 970-330-9897
Thank you;
Charley D.Graham
Penny Priscilla Graham
Pen137@comcast.net
Sent from Mail for Windows 10
1
April 18, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
MATHEWS ERIN
2243 117TH AVE
GREE, CO 80634
Subject: USR16-0009 - A Site Specific Development Plan and Use By Special Review Permit for Oil or
Gas Production Facilities (24 wells, 18 oil tanks, 2 water tanks, 24 separators, 2 meter houses, 4 vapor
recovery units, 8 emission control devices, and 2 vapor recovery towers) in the R-1 (Low Density
Residential) Zone District
On parcel(s) of land described as:
LOT B of RECX16-0043; S2NW4 SECTION 15, T5N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 7, 2016, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 22, 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,
Diana Aungst
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.04.18 15:06:24 -06'00'
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
March 14, 2016
MATHEWS ERIN
2243 117TH AVE
GREE, CO 80634
Subject: USR16-0009 - A Site Specific Development Plan and Use By Special Review Permit for Oil or
Gas Production Facilities (24 wells, 18 oil tanks, 2 water tanks, 24 separators, 2 meter houses, 4 vapor
recovery units, 8 emission control devices, and 2 vapor recovery towers) in the R-1 (Low Density
Residential) Zone District
On parcel(s) of land described as:
S2NW4 SECTION 15, T5N, R65W PART LOT A REC EXEMPT RE -304 (LOT B of RECX16-0043) 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:
Evans at Phone Number 970-475-1170
Greeley at Phone Number 970-350-9780
Kersey at Phone Number 970-353-1681
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,
(GN LO.U/K .
Diana Aungst UU
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.03.14 11:16:12 -0600'
FIELD CHECK
Inspection Date: 5/27/16
Case Number:
Applicant:
Request:
Legal
Description:
Location:
Size of Parcel:
USR16-0009
7N, LLC c/o Extraction Oil & Gas
A Site Specific Development Plan and Use by Special Review Permit for Oil
or Gas Production Facilities (24 wells, 18 oil tanks, 2 water tanks, 24
separators, 2 meter houses, 4 vapor recovery units, 8 emission control
devices and 2 vapor recovery towers) in the R-1 (Low Density Residential)
Zone District
Lot B RECX16-0043; Part S2NW4 Section 15, T5N, R65W of the 6th P.M.,
Weld County, CO
East of and adjacent to Cherry Ave and approximately 300 feet north of E
24th Street
35.00 acres
Parcel No. 0961-15-2-00-014
Zoning
Land Use
N
R-1 (Low -Density Residential)
Zone District
N
Rural
Residential/School/Agriculture
E
R-1 (Low -Density Residential)
Zone District
E
Rural Residential/Agriculture
S
R-1 (Low -Density Residential)
Zone District
S
Rural Residential/Agriculture
W
R-1 (Low -Density Residential)
Zone District
W
Rural Residential/Agriculture
COMMENTS:
The site is vacant land. There is an access to the site off of Cherry Ave
tank battery on the site.
Au
Diana Aungst, ` Planner
There is one well and
Hello