HomeMy WebLinkAbout20152217.tiff �Y86ysE
LAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: June 2, 2015
Case Number: USR15-0013
Applicant: UET Midstream LLC
Address: 225 Union Boulevard, Suite 200, Lakewood, CO. 80228-1861
Representative: Mickey Leyba— Permontes Group, Inc.
Request: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development facility, including Oil and Gas Support and Service and Oil and
Gas Storage (crude oil tank farm and crude oil truck unloading facility and a disposal
site for oil and gas production waste including a Class II Injection well) in the A
(Agricultural)Zone District.
Legal Lot A Recorded Exemption RECX14-0059; Being part of SW4 of Section 34, T8N,
Description: R59W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 115 and approximately 150 feet south of the
intersection of County Road 86.5 and State Highway 14.
Size of Parcel: +/- 10.12 acres Parcel No. 053934300007
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:
y Weld County Department of Planning Services-Engineer, referral dated March 30, 2015
y Weld County Department of Public Health and Environment, referral dated March 24, 2015
➢ Colorado Division of Water Resources, March 19, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Zoning Compliance, February 25, 2015
➢ Colorado Department of Transportation, March 31, 2015
➢ Weld County Sheriff's Office, March 6, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Department of Building Inspection
➢ Office of Emergency Management Office
➢ New Raymer Fire Protection District
USR15-0013, UET, Page 1 of 11
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: June 2, 2015
Case Number: USR15-0013
Applicant: UET Midstream LLC
Address: 225 Union Boulevard, Suite 200, Lakewood, CO. 80228-1861
Representative: Mickey Leyba— Permontes Group, Inc.
Request: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development facility, including Oil and Gas Support and Service and Oil and
Gas Storage (crude oil tank farm and crude oil truck unloading facility and a disposal site
for oil and gas production waste including a Class II Injection well) in the A(Agricultural)
Zone District.
Legal Lot A Recorded Exemption RECX14-0059; Being part of SW4 of Section 34, T8N, R59W
Description: of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 115 and approximately 150 feet south of the
intersection of County Road 86.5 and State Highway 14.
Size of Parcel: +/- 10.12 acres Parcel No. 053934300007
Case Summary: The applicant is proposing to store crude oil in two (2) 50,000 bbl tanks (87-feet in
diameter by 48 feet tall)with the potential to install an additional tank in the future. Two (2) 1,000 bbl
polishing tanks and one (1)400 bbl water tank are also proposed. A class II oilfield waste disposal
(saltwater injection)facility is proposed to operate 24 hours a day, 365 days a year. The application
estimates a maximum of 540 trips per day(260 trips in/260 trips out)will be generated by this proposed
facility. Trucks are proposed to access the facility from the northern end of the site and leave the facility at
the southern end of the site.
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."
The proposed site is located approximately 650 feet from the nearest residence.
Conditions of approval and development standards (on site lighting is required to be
downcast and a noise limit is attached) will address compatibility with the surrounding
area.
USR15-0013, UET, Page 2 of 11
Section 22-2-20 I. 5.A.Policy 9.5. states "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to
surrounding properties and referral agencies."
Conditions of approval and development standards (on site lighting is required to be
downcast and a noise limit is attached) to address 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 23-3-40.A.2 of the Weld County Code allows Oil and
Gas Support and Service Facilities (Disposal and Recycling Sites for Production Waste)
as a Use by Special Review Permit in the A(Agricultural)Zone District.
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 in a rural (predominately dry land and
rangeland) area. The nearest single family residence is located approximately 650-feet
feet to the west of this site. A few additional residences are located further away to the
north of the site and are not immediately visible to the site based on the topography of
the land between the proposed facility and these residences.
Staff has received three (3) phone calls from a neighboring property owner expressing
concerns with the proposed injection well and the potential for impact to water wells in the
area. Additionally, a letter of objection/concern was received from a surrounding property
owner dated May 21, 2015. The letter expresses concerns with the potential for
contaminated runoff reaching adjacent properties (potentially endangering livestock...),
traffic and dust concerns (specifically the lack of a turn lane onto Highway 14 from either
County Road 86 and County Road 86.5 and dust generated from the traffic creating
health issues for neighbors). Additionally the letter expresses concerns with the potential
for contamination of nearby domestic/irrigation wells from the proposed injection well.
The letter requests study of the proposed injection well by the Colorado Oil and Gas
Commission to ensure a safe water supply for existing wells in the area. The letter also
suggests blacktopping roads between the injection well facility and State Highway 14 to
address dust.
The Colorado Department of Transportation, in their response received May 19, 2015, is
not requiring turn lanes or accel-decel lanes onto State Highway 14. Conditions of
approval are and development standards (on site lighting is required to be downcast and
a noise limit is attached) to address compatibility with the surrounding area. The down
hole injection well is permitted and regulated by the Colorado Oil and Gas Commission.
There are a number of conditions of approval such as a groundwater monitoring plan,
requirement for a concrete unloading pad and secondary containment structures to
address potential spills and runoff from the site. Development standards are attached
addressing fugitive dust and an Improvements and Road Maintenance Plan is attached
as a condition of approval to address the potential for dust and road damage to county
roads generated by this facility.
USR15-0013, UET, Page 3 of 11
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 not located within a three (3) mile referral area of any municipality, nor is it
located within any existing Intergovernmental Agreement Area (IGA)of a municipality.
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.
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 acres delineated as "High Potential Dry
Cropland — Prime if Irrigated" 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. An Improvements and Road Maintenance Agreement is required for offsite improvements
at this site. Road maintenance including dust control, damage repair, specified haul routes
and future triggers for improvements will be included. (Department of Planning Services -
Engineer)
B. The Final Drainage Report must be stamped and signed by a Professional Engineer (P.E.)
registered in the State of Colorado and must include a Certification of Compliance.
(Department of Planning Services— Engineer)
C. The applicant shall submit written evidence of a commercial drinking water well or other
adequate water source to the Department of Planning Services and the Department of
Public Health and Environment. (Department of Public Health and Environment)
USR15-0013, UET, Page 4 of 11
D. The applicant shall submit evidence of an Air Pollution Emission Notice (APEN) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department
of Health and Environment, if applicable. Alternately, the applicant may provide evidence
from the APCD that they are not subject to these requirements. (Department of
Environmental Health)
E. The applicant shall submit a waste handling plan, for acceptance, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
The plan shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Environmental Health)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0013 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the lighting. (Department of Planning Services)
6. Show the accepted water quality feature on the map with volume and label as
WATER QUALITY FEATURE, NO-BUILD OR STORAGE AREA. (Department of
Planning Services - Engineer)
7. The map shall delineate the parking for customers and/or employees. (Department of
Planning Services)
8. County Road 115 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 verify and delineate on the plat the existing right-of-way
and the documents creating the existing right-of-way. If the existing right of way
cannot be verified it shall be dedicated. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Planning
Services - Engineer)
9. Show the approved access on the map and label with the approved access permit
number(AP15-00122). (Department of Planning Services - Engineer)
10. Show the accepted water quality feature on the map with volume and label as
WATER QUALITY FEATURE, NO-BUILD OR STORAGE AREA. (Department of
Planning Services—Engineer)
11. Show and label the accepted drainage features and drainage flow arrows on the
map. (Department of Planning Services - Engineer)
USR15-0013, UET, Page 5 of 11
12. Show any proposed gate back a minimum of 75ft from the right of way. (Department
of Planning Services - Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper
copies 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 mapsco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. Contact the Planning Department for application information.
(Department of Planning Services - Engineer)
6. Prior to Release of Building Permits for Phase II (salt water disposal well phase):
A. Detailed Plans for a concrete unloading pad shall be submitted for acceptance. A leak
detection system shall be designed and installed beneath the concrete unloading pad(s),
piping, and sump(s). Plans shall be submitted to and accepted by Weld County
Department of Public Health and Environment. (Department of Public Health and
Environment)
B. Detailed plans for the concrete secondary containment structure for all storage and
processing tanks shall be submitted for acceptance. Secondary containment volume shall
provide containment for the entire contents of the largest single tank plus sufficient
freeboard to allow for precipitation. The plans and engineered drawings will be stamped
and signed by a Colorado Registered Professional Engineer. The Weld County
Department of Public Health and Environment will consider structures other than
concrete, provided a Colorado Registered PE provides a certification indicating that the
proposed alternate containment system meets, or exceeds, the function of a concrete
system with regard to containment, spills, and unintended releases. Plans shall be
submitted to and accepted by Weld County Department of Public Health and
Environment. (Department of Public Health and Environment)
C. The applicant shall submit a Groundwater Monitoring Plan, and the Groundwater
Monitoring Plan shall be accepted by Weld County Department of Health and
Environment. Evidence of such shall be submitted, it writing, to the Department of
Planning Services. (Department of Public Health and Environment)
USR15-0013, UET, Page 6 of 11
D. The facility shall post financial assurance with the COGCC. The financial assurance shall
be adequate to cover a third-party closure of the facility, including the plugging and
abandonment of the well, in accordance with industry standards, and the removal of all
structures (including concrete)on the facility. The site shall be returned to its original
grade. The facility shall submit evidence to Weld County Department of Public Health
and Environment that the appropriate financial assurance has been obtained.
(Department of Public Health and Environment)
7. Prior to Operation:
A. Construction of the approved access and/or tracking control improvements is required prior to
operation. (Department of Planning Services - Engineer)
B. 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)
8. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be
installed according to the Weld County Onsite Wastewater Treatment System (OWTS)
Regulations. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the OWTS Regulations. (Department of Public Health and
Environment)
9. 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)
USR15-0013, UET, Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UET Midstream LLC
USR15-0013
1. USR15-0013 is a Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development facility, including Oil and Gas Support and Service and Oil and Gas Storage
(crude oil tank farm and crude oil truck unloading facility and a disposal site for oil and gas production
waste including a Class II Injection well), subject to the Development Standards stated hereon.
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)
2. The hours of operation are 24-hours a day, 365 days a year as stated by the applicant(s).
(Department of Planning Services)
3. The parking on the site shall be maintained. (Department of Planning Services)
4. 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)
5. No disposal of waste, other than Class II (as currently defined by the Environmental Protection
Agency) during operation of the salt water disposal well, is permitted. Any changes from the approved
Class II use will require an amendment to this Use by Special Review Permit. (Department of Public
Health and Environment)
6. All liquid wastes received at the facility shall be unloaded on the unloading pad. The
unloading/loading pad leak detection system shall be constructed and operated in accordance with
the approved design. The unloading pad will be kept in good condition and cleaned at a frequency
that prevents oils and other wastes from building up on the pad. (Department of Public Health and
Environment)
7. Analytical waste data and environmental monitoring data shall be made available to Weld County
Department of Health and Environment upon request. The Weld County Department of Health and
Environment reserves the right to require additional monitoring. (Department of Public Health and
Environment)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, Section 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
10. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with
applicable rules and regulations. All spills will be documented and records will be kept onsite for
WCDPHE review upon request. All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations. (Department of Public Health and Environment)
11. The facility shall comply with the accepted Groundwater Monitoring Plan, for salt water disposal
activities. (Department of Public Health and Environment)
USR15-0013, UET, Page 8 of 11
12. All stormwater, which has come into contact with waste materials on the site, shall be confined on the
site. In the event the storm water is not adequately controlled on the site, upon written notification
from the WCDPHE or CDPHE, a comprehensive site-wide Stormwater Plan shall be developed and
implemented. The plan must be approved, in writing by the WCDPHE or CDPHE, prior to
implementation. (Department of Public Health and Environment)
13. 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 facility
shall operate in accordance with the accepted "waste handling plan" and with Chapter 14, Article 1 of
the Weld County Code, at all times. (Department of Public Health and Environment)
14. The Weld County Department of Public Health and Environment (WCDPHE) will be notified prior to
the closure of the facility. Upon site closure, the facility will remove all wastes from the site and
decontaminate all equipment, tanks, and secondary containment. All wastes removed from the site
during closure activities will be disposed of off-site, in accordance with all state and federal rules and
regulations and with Weld County Code. Documentation of closure activities will be provided to
WCDPHE. (Department of Public Health and Environment)
15. Fugitive dust and fugitive particulate emissions should be controlled on this site. The facility should
be operated in accordance with the accepted Dust Abatement Plan, at all times. 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)
16. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code, or with all applicable State noise statutes
and/or regulations. (Department of Public Health and Environment)
17. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants and volatile organic
compounds. All chemicals must be stored securely, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
18. 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)
19. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Onsite Wastewater Treatment
Systems. (Department of Public Health and Environment)
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing private water supply. (Department of Public Health and Environment)
21. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provision of 40 CFR, Part 112, shall be available on site, at all times. (Department of Public Health
and Environment)
22. 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)
USR15-0013, UET, Page 9 of 11
23. 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)
24. 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)
25. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
26. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
27. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
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 Planning Services - Engineer)
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
USR15-0013, UET, Page 10 of 11
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.
USR15-0013, UET, Page 11 of 11
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
C v i FAX: (970) 304-6498
r
April 16, 2015
LEYBA-FARNSWORTH MICKEY
625 MAIN ST
LONGMONT, CO 80501
Subject: USR15-0013 - A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility, including Oil and Gas Support and Service Facility and Oil and
Gas Storage Facility (crude oil tank farm and crude oil truck unloading facility and a disposal site for oil
and gas production waste including a Class II Injection well) in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PART SW4 SECTION 34, T8N, R59W LOTA REC EXEMPT RECX14-0059 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 2, 2015, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 8, 2015 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.orp
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine FAnslem
/3/ • fbason:I am the author of thisdocument
LJV-" Date:2015.04.16 07:34:48-06'00'
Chris Gathman
Planner
h N DEPARTMENT OF PLANNING SERVICES
i ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
_ PHONE: (970)353-6100, Ext. 3537
X ? FAX: (970)304-6498
February 25, 2015
LEYBA-FARNSWORTH MICKEY
625 MAIN ST
LONGMONT, CO 80501
Subject: USR15-0013 - A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility, including Oil and Gas Support and Service Facility and Oil and
Gas Storage Facility (crude oil tank farm and crude oil truck unloading facility and a disposal site for oil
and gas production waste including a Class II Injection well)in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PART SW4 SECTION 34, T8N, R59W LOT A REC EXEMPT RECX14-0059 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed iiof Finsoc
j�y/j�� Fuson:l am byauthor oKristine
Ra sleet nt
G""� Date:2015.02.2510:05:18-0700'
Chris Gathman
Planner
Wayne Howard
From: Hice-Idler, Gloria [gloria.hice-idler@state.co.us]
Sent: Tuesday, May 19, 2015 12:50 PM
To: Jo Ann Higgins
Cc: Wayne Howard; Mickey Leyba-Farnsworth; Chris Gathman
Subject: Re: CDOT comments regarding updated traffic information
Based upon this information, CDOT has no further comment.
Gloria Hice-Idler
Region 4 Permits Manager
Region 4 Permits Unit - Traffic
CDOT COLORADO
co y Department of Transportation
P 970.350.2148 I C 970.381.2475 I F 970.350.2198
1420 2nd Street, Greeley, CO 80631
gloria.hice-idler@state.co.us I www.coloradodot.info I www.cotrip.org
O c
x
On Tue, May 19, 2015 at 12:42 PM, Jo Ann Higgins <.I liggins(wpermontesgroup.com> wrote:
Hello Gloria—
This is a follow up to our phone conversation this morning. You have requested additional clarification
regarding existing and site generated traffic estimates at the site access roadways.
As discussed, existing traffic of less than 5 vehicles per hour was estimated based on a couple of our site visits
for a few hours in length. While we were at the site recently, we did not observe any vehicles traveling through
the SH 14 /WCR 115-WCR 86.5 intersection. Therefore, we made the estimate of maximum 5 existing
vehicles in any one hour, which may be conservative considering no traffic was observed during the site visit.
This maximum existing traffic estimate would be distributed at the intersection with 1-2 vehicles inbound(left
and right turns) and 1-2 vehicles outbound (left and right turns) in a 60-minute period.
Some of the traffic volumes shown in Figure 1 (attached) are passenger car equivalents. The 2 vehicles shown
in the figure accessing the intersections to/from the southeast are employee passenger vehicles. The remaining
15 vehicles oriented to/from the northwest are trucks, as truck traffic will not travel to the south based on
regional operations planned to the northwest of the site. The turning movements shown in the figure are
1
maximum hourly traffic volumes estimated to be generated by the site uses at peak operations. On an average
day, the traffic volumes are expected to be less than this.
Considering the very low existing traffic and forecast site peak operations traffic, we anticipate the intersections
to function well within desired capacities and will not warrant auxiliary turn lanes. Should you have any
questions or need additional information, please feel free to contact me.
Thanks,
Jo Ann
Jo Ann Higgins
permontesgroup
625 Main Street Longmont, CO 80501
Office: 720.684.4981 Mobile: 720.570.6137
Toll Fee: 866.471 .7369 Fax: 866.563.9212
jhiq&'ins(aperuzontesgraup.cam
From: Chris Gathman [mailto:cgathmanfcuco.wcld.co.us]
Sent: Monday, May 18, 2015 1:30 PM
To: Mickey Leyba-Farnsworth; Jo Ann Higgins
Cc: Wayne Howard
Subject: FW: CDOT comments regarding updated traffic information
See Gloria's comments below.
Chris Gathman
Planner 111
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
2
rg6i
r
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.
From: Hice-Idler, Gloria [mailto:gloria.hicc-idlcr(a/statc.co.us]
Sent: Monday, May 18, 2015 11:39 AM
To: Chris Gathman; Wayne Howard
Subject: Re: Any additional comments re: USR15-0013 (UET)?
Chris,
Thanks for allowing me to comment again. I'm still not comfortable with JoAnn's numbers. She's addressed her
volumes and assumes that the existing traffic is 5 per hour. She doesn't identify their movements. She also
doesn't address whether her numbers are passenger car equivalents.
I was approached about another potential development in this area who will also be using this intersection. I
don't know what their traffic numbers are yet. It would be unfortunate to have the last one in responsible for any
improvements required.
Gloria Hice-Idler
Region 4 Permits Manager
Region 4 Permits Unit- Traffic
3
P 970.350.2148 1 C 970.381.2475 I F 970.350.2198
1420 2nd Street, Greeley, CO 80631
gloria.hice-idler@state.co.us www.coloradodot.into I www.cotrip.org
On Mon, May 18, 2015 at 10:45 AM, Chris Gathman <cgathman(cgco.wcld.co.us>wrote:
Gloria,
T am checking to see if you had any additional comments/requirements re: the traffic information provided for
the UET crude terminal? This is scheduled to go before our Planning Commission on June 2nd
Thanks!
Chris Gathman
Planner ITT
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 cxt. 3537
Fax: (970)304-6498
'so]
'! 0i rte�•
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
4
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.
5
MEMORANDUM
Date: April 9, 2015 #172.003 Rrc Traffic Memo
To: Mr.Joe Natale
UET Midstream, LLC �//y
From: Jo Ann Higgins, Permontes Group(///J
Subject: Buckingham Crude Site Project Traffic Analysis- Response to Comments
This memorandum summarizes our response to comments received on the traffic analysis prepared for
the Buckingham Crude Terminal Site Project dated February 9, 2015. The project is identified as Lot A of
Recorded Exemption No. 0539-34-3 RECX14-0059. The site is generally located on the southwest
quadrant of the SH 14 and WCR 86.5 — WCR 115 intersection in Weld County. The comments on the
traffic analysis were received by Gloria Hice-Idler at CDOT and relate to peak hour turning volumes
generated by the project at the SH 14 intersections.
As identified in the traffic analysis, the site is anticipated to generate a maximum of 34 peak hour trips
(17 inbound and 17 outbound) during any one hour of the day at buildout peak operations. The
majority of site traffic (901 ) will be oriented to/from the northwest along SH 14. The remaining site
traffic (101 ) will be oriented to from the southeast. Figure 1 illustrates the hourly turning volumes
estimated to be generated by the project at peak operations in the site vicinity. Due to the rural nature
of the surrounding area, it is estimated that minimal existing traffic (less than 5 vehicles per hour) occurs
at the site access intersections along SH 14.
Auxiliary lane warrants per CDOT access criteria were reviewed. SH 14 is categorized as regional
highway (R-A) in the site vicinity. Based on CDOT criteria, the left-turn deceleration lane volume warrant
is greater than 10 vehicles per hour. The right-turn deceleration lane volume warrant is greater than 25
vehicles per hour. Based on forecast peak hour turning volumes of less 5 left turns and less than 20
right turns, the project will not trigger auxiliary turn lane warrants at the SH 14 intersections serving the
site.
Attachment: Figure 1—Site Traffic Assignment
625 Main Street• Lorgrrort.CO 80501 •Phone'.72e 684 4931 • Fax'. 888.716 2-11 •Toll Free. 866471.7360•perrnortesgroup.00111
11
HIGHWAY 14,AX CR 86 1/2 &\C'CR 115 INTERSECTION EXHIBIT
BUCKINGHAM CRUDE TERMINAL & SWD FACILITY SITE TRAFFIC ANALYSIS .
n 4LEGAL DESCRIPTION E
LOT A,RE-0539-34-3 RLLXC 14-0059 w o
BEING A PART OF THE SW I/4,SECTION 34, T.8 N.,R.59 W.,6TH P.M. O
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- , t IF, ' a Q% PROJECT NO.'. 172.002;FS re�a - • • i GATE:14 4/07/2015
LZJ 34#• - • •, SCALE. 1"=500'
250 125 0 250 500 SHEET NO.
p FIGURE 1
HORIZ. SCALE: 1 " = 500' SHEET 1 OF 1
FIELD CHECK inspection dates: 5/18/2015
APPLICANT: UET Midstream LLC
CASE #: USR15-0013
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development Facility, including Oil and Gas Support and Service Facility and Oil and Gas
Storage Facility(crude oil tank farm and crude oil truck unloading facility and a disposal site
for oil and gas production waste including a Class II Injection well)in the A(Agricultural)Zone
District.
LEGAL: Lot A Recorded Exemption RECX14-0059; Being pad of SW4 of Section 34, T8N, R59W
of the 6th P.M., Weld County, CO
LOCATION: East of and adjacent to County Road 115 and approximately 150 feet south of the
intersection of County Road 86.5 and State Highway 14.
PARCEL ID #s: 053934300007
ACRES: +/- 10.12 acres
Zoning Land Use
N A N Rangeland/Dryland/old platted townsite
(Buckingham)
E A E Highway 34
S A S Rangeland/gas meter station associated with gas
pipeline
W A W Rangeland/Dryland/SF residence
COMMENTS:
Vacant Parcel.
.\
Chris Gathman - Planner III
Hello