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Case Number:
Applicant:
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Description:
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR16-0016
Saddle Butte Rockies Storage and Terminals, LLC; 858 Main Avenue, Suite 301,
Durango, Colorado 81301
Hearing Date: July 19, 2016
A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Storage Facility (Crude Oil Polishing Terminal);
Transloading, and outdoor equipment and construction materials storage yard in the A
(Agricultural) Zone District. (Lucerne Terminal)
Lot B, Recorded Exemption No. RECX13-0069 being part of the SW4 of Section 26,
T6N, R65W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 45; North of and adjacent to County Road 64;
Size of Parcel: +/- 82.62 acres Parcel No. 0803-26-3-00-048
The criteria for review of this Special Review Permit are 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:
• Federal Aviation Administration, referral dated October 9, 2015 and May 9, 2016
✓ Weld County Department of Planning Services - Engineer, referral dated April 27, 2016
✓ Weld County Department of Public Works, referral dated May 25, 2016
✓ City of Greeley, referral dated May 27, 2106
✓ Weld County Department of Public Health and Environment, referral dated June 6, 2016
✓ Weld County Public Works - Access, referral dated June 21, 2016
The Department of Planning Services' staff has received referral responses without comments from the following
agencies:
✓ Weld County Sheriff's Office, referral dated May 9, 2016
✓ Weld County Zoning Compliance, referral dated May 9, 2016
r Northern Colorado Water Conservancy District, referral dated May 13, 2016
r State of Colorado, Parks and Wildlife, referral dated May 20, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
Noble Energy, Inc.
DCP Midstream, LP
Public Service of Colorado
Eaton Fire Protection District
North Weld County Water District
West Greeley Soil Conservation District
Weld County Department of Building Inspection
Weld County Office of Emergency Management
USR16-0016 SADDLE BUTTE ROCKIES STORAGE AND TERMINALS, LLC
Lucerne Terminal, Page 1
Case Summary:
Saddle Butte Rockies Storage and Terminals, LLC (Saddle Butte) proposes to construct a crude oil polishing
terminal (Lucerne Terminal) located on property owned by the applicant. The Lucerne Terminal will be
supplied with crude oil from several 8 -inch diameter steel pipes that are part of the existing Saddle Butte
gathering system. Other sources of oil would come into the facility via truck to six (6) loading and offloading
bays utilizing an Automatic Custody Transfer Unit. (An ACT Unit measures the net volume and quality of
liquid hydrocarbons. This system provides for the automatic measurement, sampling, and transfer of oil from
the lease location into a pipeline. A system of this type is applicable where larger volumes of oil are being
produced and must have a pipeline available in which to connect)
The terminal site will contain eight 67 -foot diameter storage tanks and two 134 -foot storage tanks all of which
are within a containment area and will be compliant with COGSS regulation 604 regarding berm construction
and inspection. There are up to 12 additional storage tanks for fire suppression. The site also includes
pumping equipment, metering equipment, crude oil polishing equipment, NGL storage, a control building, truck
unloading facilities and a combined Operations Control Center / Office building.
The Lucerne Terminal is currently designed to transport approximately 500,000 barrels of oil per day in and
out of the terminal from existing oil development in the immediate area through gathering lines constructed
throughout the region.
While the project site is located immediately adjacent to the Greeley / Weld County Airport, no negative impact
to the day to day operation of the airport is expected. Saddle Butte has been in contact with the airport manager
and the FAA, both of which have stated that the proposed terminal will not impact the airport.
The Lucerne Terminal will occupy approximately 60 acres of an 82 acre parcel. The remaining 20 acres will
initially be utilized as an outdoor equipment and materials storage yard during construction. Once construction
is completed, the remaining portion of the parcel will be held for potential future expansion.
The property will be surrounded by a chain link security fence 6 -foot in height. All vehicle entrances will
have a gate and the gates will all be equipped with an ESD (Emergency Shutdown Device) button and
be mechanized to open with a key card or pad. The facility is scheduled to operate 24 hours/day, 365
days/year.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED
FOR THE FOLLOWING REASONS:
The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
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 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"
The land that Saddle Butte Rockies Storage and Terminals, LLC is proposing to convert to
industrial uses is non -irrigated agriculture land that has been fallow in recent years and
is located adjacent to an existing regional airport in a rural area where there is a significant
amount of oil and gas activity already occurring. Therefore the proposed use is compatible
with the region.
USR16-0016 SADDLE BUTTE ROCKIES STORAGE AND TERMINALS, LLC
Lucerne Terminal, Page 2
Section 22-5-100. A. OG.Goal 1. states "Promote the reasonable and orderly exploration
and development of oil and gas mineral resources," and Section 22-5-100. B.OG.Goal 2.
states "Ensure that the extraction of oil and gas resources conserves the land and
minimizes the impact on surrounding land and the existing surrounding land use."
The proposed Saddle Butte Rockies Storage and Terminals, LLC site is located in a rural
area of the County where there is already a significant amount of oil and gas
development. Since the site will utilize piping to bring oil to the facility it will generate
very little additional oilfield traffic in the area once the facility is operational. While
construction of the site will generate some impacts because of the extra activity and trips
to the site, once it is constructed, the impact on the surrounding land will be minimal.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Citing the Weld County Code, Section 23-3-40.A.1 provides for a Site Specific Development
Plan and Special Review Permit for Mineral Resource Development facilities, including Oil
and Gas Storage Facilities; Section 23-3-40.A.7 for Transloading; Section 23-3-40.S for
outdoor equipment and materials storage yard in the A (Agricultural) Zone District. (Lucerne
Oil Polishing Terminal)
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed Lucerne Oil Polishing Terminal and surrounding areas are utilized for
production agriculture on 80 acres or smaller tracts of land with residential improvements
subdivided off through the Recorded Exemption land use process. The nearest residences
listed directionally from each property line to the north there is the Huggans residence
approximately 90 feet north of the property line; to the east is the Greeley -Weld County
Airport; to the south is the Colorado State University Research Foundation (CSURF)
Experimental Potato Station and to the west approximately 600 feet from property line is
Donoho residence; approximately 1460 feet from the west property line are two Hoshiko
Farm residences and approximately 1690 feet from the west property line is the Reese
property and two rental residences. As of June 7, 2016 staff has received no inquiries from
interested persons regarding this land use application. Saddle Butte does not anticipate
any impact to cultivated lands found nearby. The project is anticipated to have minimal
impact to the existing land use of the subject parcel and those surround it. The relatively
isolated location of the proposed polishing plant is compatible with the surrounding land
uses.
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 a three (3) mile referral area of the City of Greeley and it is not
located within an existing Intergovernmental Agreement Area (IGA).
The City of Greeley in their referral dated May 27, 2016 indicated that the property is located
within the City of Greeley's Long Range Expected Growth Area (LREGA) in which the
community anticipates development occurring within the coming 20+ years. The site is also
located within the Northeast Industrial Area of Greeley's 2060 Comprehensive Plan. This
plan envisions industrial uses in this vicinity. Additionally, this site is bordered by property
within the City of Greeley that is zoned Industrial Medium Intensity.
USR16-0016 SADDLE BUTTE ROCKIES STORAGE AND TERMINALS, LLC
Lucerne Terminal, Page 3
E. 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.
The site is not in a Special Flood Hazard Area. The property is within the Greeley Weld
County Airport Overlay District and is further impacted by the air noise contour area
associated with the airport activities.
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.
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 82 acres identified as "prime if irrigated
lands" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
As there is no irrigation water associated with the proposed facility and currently no irrigation
located on site, no agricultural lands will be taken out of production. Per the acquisition
documents, the previous land owner has retained all water rights and has imposed a dry up
convent for the property.
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. An Improvements and Road Maintenance Agreement is required for offsite improvements at
this location. Road maintenance including dust control, damage repair, specified haul routes
and future traffic triggers for improvements will be included. (Department of Public Works)
B. The applicant shall attempt to address the requirements (concerns) of the City of Greeley as
stated in the referral response dated May 27, 2016. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR16-0016 (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)
USR16-0016 SADDLE BUTTE ROCKIES STORAGE AND TERMINALS, LLC
Lucerne Terminal, Page 4
4. The applicant shall delineate 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. County Road 64 is a gravel 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)
6. County Road 64.5 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. (Department of Public Works)
7. County Road 45 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. The City of Greeley's 2035 Comprehensive Transportation Plan indicates that County
Road 45 (CR 45) will be a 2 lane collector roadway requiring a total of 90 feet of public
right of way (45 foot half right of way). There is presently 60 feet of right-of-way. An
additional 15 feet shall be delineated on the map as future right-of-way. All setbacks shall
be measured from the edge of future right-of-way. The City of Greeley minimum setback
is 25 feet from the future right of way line for all proposed structures (buildings and paved
areas). (City of Greeley)
9. Show and label the approved access(es) (AP16-00248), and the appropriate turning radii
on the site plan. (Department of Public Works)
10. Show and label the approved tracking control on the site plan. (Department of Public
Works)
11. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
12. Setback radiuses for existing oil and gas tank batteries and wellheads, or plugged and
abandoned wellheads, shall be indicated on the USR map per the setback requirements
of 23-3-50.E of the Weld County Code. (Department of Planning Services)
13. All recorded easements and rights -of -way shall be delineated on the USR map by book
and page number or reception number. (Department of Planning Services)
14. 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)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
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
USR16-0016 SADDLE BUTTE ROCKIES STORAGE AND TERMINALS, LLC
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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)
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)
Prior to Construction
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. Within one month of 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)
USR16-0016 SADDLE BUTTE ROCKIES STORAGE AND TERMINALS, LLC
Lucerne Terminal, Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Saddle Butte Rockies Storage and Terminals, LLC
Lucerne Oil Polishing Terminal
USR16-0016
1. A Site Specific Development Plan and Special Review Permit, USR16-0016, for Mineral Resource
Development Facilities, Oil and Gas Storage Facility (Crude Oil Polishing Terminal); Transloading, and
outdoor equipment and materials storage yard in the A (Agricultural) Zone District (Lucerne Terminal)
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, seven days a week, 365 days a year, as stated by the
applicant(s). (Department of Planning Services)
4. The number of employees is limited to five (5) per the application. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
6. 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., as amended. (Department of Public Health and Environment)
7. 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 Chapter 14, Article 1 of the Weld County Code. (Department of Public Health
and Environment)
8. Fugitive dust and fugitive particulate emissions 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)
9. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
10. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations. (Department of Public Health and Environment)
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. If 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)
12. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
13. 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)
USR16-0016 SADDLE BUTTE ROCKIES STORAGE AND TERMINALS, LLC
Lucerne Terminal, Page 7
14. 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)
15. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
16. 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)
17. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
18. 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)
19. 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)
20. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
21. 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)
22. 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)
23. The property owner shall control noxious weeds on the site. (Department of Public Works)
24. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
26. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized.
(Department of Public Works)
27. 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)
28. 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 Public Works)
USR16-0016 SADDLE BUTTE ROCKIES STORAGE AND TERMINALS, LLC
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29. 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
2011 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)
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. 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
USR16-0016 SADDLE BUTTE ROCKIES STORAGE AND TERMINALS, LLC
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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.
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June 28, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
MILLER TRENT
1900 16th STREET
SUITE 1550
DENVER, CO 80202
Subject: USR16-0016 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS STORAGE FACILITIES
(CRUDE OIL POLISHING TERMINAL); TRANSLOADING, AND OUTDOOR EQUIPMENT AND
MATERIALS STORAGE YARD IN THE A (AGRICULTURAL) ZONE DISTRICT.
On parcel(s) of land described as:
PART SW4 SECTION 26, T6N, R65W LOT B REC EXEMPT RECX13-0069 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 19, 2016, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 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.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.06.28 13:40:16 -06'00'
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
May 09, 2016
MILLER TRENT
1900 16th ST STE 1550
DENVER CO 80202
Subject: USR16-0016 - CRUDE OIL POLISHING TERMINAL AND STORAGE
On parcel(s) of land described as:
PART SW4 SECTION 26, T6N, R65W LOT B REC EXEMPT RECX13-0069 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
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,
14 -
Kim Ogle
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.05.09 09:57:33 -06'00'
FIELD CHECK- USR16-0016
Inspection Date: May 30, 2016
Applicant: Saddle Butte Rockies Storage and Terminals, LLC
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development
Facilities, Oil and Gas Storage Facility (Crude Oil Polishing Terminal); Transloading, and outdoor
equipment and construction materials storage yard in the A (Agricultural) Zone District. (Lucerne
Terminal)
Legal: Lot B, Recorded Exemption No. RECX13-0069 being part of the SW4 of Section 26, T6N, R65W of the
6th P.M., Weld County, CO
Location: East of and adjacent to County Road 45; North of and adjacent to County Road 64; South of and
adjacent to County Road 64.5
Parcel ID #: 0803-26-3-00-048 Acres: 82 +1 -
Zoning
Land Use
N
Agriculture
N
Single Family Residence with Agriculture Lands
E
Agriculture
E
Greeley Weld County Airport
S
Agriculture
S
Colorado State University Agriculture Research Farm
W
Agriculture
W
Single Family Residence with Agriculture Lands
Comments:
The property is located adjacent to three County Roads and to the west of the Greeley Weld County
Airport. There are three residences in the immediate vicinity. Residence 1, is located north of County
Road 64.5 and east of and adjacent to County Road 45, Residence 2 is located north of County Road 64
and west of County Road 45 and Residence 3 is surrounded by the proposed facility and is located on Lot
A of Recorded Exemption No. RECX13-0069.
Noble Energy has tank batteries and oil and gas encumbrances adjacent to County Road 64.5
approximately 550 feet east of County Road 45. There is an access to this facility from County Road 64.5.
Two well heads are located within the site and share this single access point into the property.
There is a core -ten steel transmission line pole located in the northwest corner of the property that serves
as the corner turn heading north from the transmission line corridor located to the west. This line appears
to be a Public Service of Colorado (PSCo) Transmission Line. Utility services are located on the east
side of County Road 45, the north side of County Road 64 and the South side of County Road 64.5.
Electric and Telephone Utility components were identified.
At time of site visit there was a 6 -8 -inch diameter steel pipe being laid for conveyance of a petroleum
product originating from the west, heading east into the site.
The site is vacant ground without any improvements. Historically the land appears to have been irrigated.
Signafiife)
❑ Access to Property ❑ Site Distance
❑ Utilities On -Site (transmission lines)
❑ Oil & Gas Structures
Note any commercial business/commercial vehicles that are operating from the site. None
MEMORANDUM
To: Planning Commission
Board of County Commissioners
From: Kim Ogle
Subject: Request for Continuance, USR16-0016
Date: July 19, 2016 Planning Commission
August 3, 2016 Board of County Commissioners
The Department of Planning Services determined there was a defect in the Legal Notice associated with
this land use case. The Legal description was to have read Lot B, Recorded Exemption No. RECX13-
0069 being part of the SW4 of Section 26 T6N, R65W of the 6th P.M., Weld County, CO however, the
Legal Notice was stated as Lot B, Recorded Exemption No. RECX13-0069 being part of the SW4 of
Section 28 T6N, R65W of the 6th P.M., Weld County, CO.
Given this condition the Department of Planning Services is requesting a continuance of this case, USR16-
0016 for Saddle Butte Rockies Storage and Terminals, LLC; 858 Main Avenue, Suite 301, Durango, Colorado
81301, applicant, for a Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Storage Facility (Crude Oil Polishing Terminal); Transloading, and
outdoor equipment and construction materials storage yard in the A (Agricultural) Zone District. (Lucerne
Terminal)
The applicant has requested this case be continued until Tuesday August 2, 2016 for the Planning
Commissioner hearing and Wednesday August 17, 2016 for the Board of County Commissioners hearing.
On behalf of the applicant, we request your support with this request.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
Kim Ogle
From:
Sent:
To:
Cc:
Subject:
Kim Ogle
Friday, July 08, 2016 5:33 PM
Karla Ford; Kristine Ranslem; Tisa Juanicorena; Esther Gesick
'Trent Miller'
RE: USR16-0016 - August 3rd
I spoke with the applicant and he indicates that August 2, 2016 for Planning Commission and August 17, 2016 for the
Board of County Commissioners works best for Saddle Butte's schedule. Thanks to you all for being accommodating.
Kim
Kim Ogle
Planner
Department of Planning
1555 North 17th Avenue
Greeley, Colorado 80631
Direct: 970.400.3549
Office: 970.353.6100 x 3540
Facsimile: 970.304.6498
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.
AThink Green - Not every email needs to be printed
From: Karla Ford
Sent: Friday, July 08, 2016 4:58 PM
To: Kim Ogle <kogle@co.weld.co.us>; Kristine Ranslem <kranslem@co.weld.co.us>; Tisa Juanicorena
<tjuanicorena@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us>
Subject: USR16-0016 - August 3rd
This case will need to be continued due to the notice having the incorrect legal.
Kris — guessing it will be on August 2nd PC? If so, we can continue the 8/17, 9/7 or 9/14.
Just let me know.
Karla Ford
Deputy Clerk to the Board
1150 0 Street/P.O. Box 758
Greeley, CO 80632
tel: (970) 400-4228
1
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