HomeMy WebLinkAbout20153454.tiff MEMORANDUM
Fr --I I TO: Diana Aungst, Planning Services DATE: 8/27/15
L , FROM: Jen Petrik, P.E., Development Engineer
CO ,- N -Y
SUBJECT: USR15-0042 Drill Green
The Weld County Department of Planning Services-Engineering has reviewed this proposal. Staff
comments made during this phase of the application process may not be all-inclusive, as other issues may
arise during the remaining application process.
COMMENTS:
General Project Information/Location:
Project description: Roustabout
Approximate Access Location: Northwest of CR26 and CR31.
Roads:
County Road 26 and 31 are 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 site map
the future and existing right-of-way and the documents creating the existing right of way. If the existing right of way
cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County.
Traffic:
Latest ADT on CR31 was taken on 7/24/13 which counted 251 vpd with 61% trucks.
No traffic counts are available on CR26.
A traffic narrative was submitted and indicated there were currently 20 round truck trips, 10 passenger
vehicle trips and 4 tandem truck trips per day. Future truck trips are expected to be 11 with 110 passenger
vehicle trips and 8 tandem truck trips.
Access:
An Access Permit application was submitted with the application materials. Public Works will review the
application and provide an access permit and permit number if approved. Questions concerning access
requirements can be directed to Public Works access permit division.
For shared accesses, Public Works strongly recommends that the property owner establish an access road
maintenance agreement so future owners of the properties will be aware of their requirements for shared
maintenance of the access road. This is not a requirement for the recorded exemption but is recommended
to avoid property owner conflicts in the future.
Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of shoulder to allow a
truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any
vehicle(s)stopped to open a gate be allowed to create a safety issue for roadway users.
Show and label a 30 ft minimum access easement to provide adequate access to the parcel across the
Public Service Company of Colorado property.
When feasible, there shall be no net increase in the number of accesses to a public road. Contact Public
Works to discuss your access.
TRACKING CONTROL:
Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are
listed below. Temporary Tracking Control shall be used during construction unless permanent tracking
control is installed ahead of construction activities.
4 to 10 round truck trips/day (tandem or semi-trucks):
Access onto gravel roads requires recycled asphalt or road base on all driving surfaces.
More than 10 round truck trips/day(tandem or semi-trucks)or more than 50 round passenger vehicles trips:
Access onto gravel roads requires a tracking control device and a minimum of 300ft of recycled
asphalt or road base.
*Recycled concrete is not allowed in County ROW
**Tracking control devices can be double cattle guards or other specialized device
*** Tracking control for unmaintained public ROW is required just prior to entering publically maintained
roadways.
A development standard will be included on the recorded site plan. "The site shall be maintained to
mitigate any impacts to the public road including damages and/or offsite tracking."
A variance request for alternatives to the above tracking control can be submitted to the Traffic Division of
Public Works for review and consideration.
Improvements and Road Maintenance Agreement:
An Improvements Agreement between the Applicant and the County will be required for this project. It will
detail the approved haul route(s), outline when offsite improvements will be triggered, and include a
maintenance agreement for the haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available
at: http://www.co.weld.co.us/Departments/PlanningZoninq/LandUseApplicationsAssistance/ApplicationAs
sistance.html
An Improvements Agreement is required for sites with required offsite improvements. Collateral is
required to ensure the improvements are made.
Road Maintenance is typically included as a section of the Improvements Agreement when the
County feels that the site activities may impact the County roadways. Possible mitigations included
in the road maintenance agreement may include but are not limited to: dust control, specified haul
routes, damage repairs, and future improvement triggers.
Drainage Requirements:
A water quality design was submitted using the 10% rule of thumb. The pre-application meeting was held
while this policy was still being used and therefor this methodology is valid for this project.
Grading Permit
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant and Planning Department have reviewed the referral and surrounding
property owner comments. The Early Release Request may or may not be granted depending on referral
comments and surrounding property owner concerns. Contact a Engineering representative from the
Planning Department for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment,Water Quality Control Division, Rik Gay, 303-692-
3575.
Geologic hazard Area:
This area IS NOT in a Geologic Hazard Area.
Floodplain:
This area IS NOT in a FEMA regulatory floodplain.
CONDITIONS OF APPROVAL:
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 plan shall be amended to delineate the following:
1. County Road 26 and 31 are gravel roads and are designated on the Weld County Road
Classification Plan as a local roads, 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. These roads are maintained by Weld
County. (Department of Planning Services-Engineer)
2. Show and label the approved access, and the appropriate turning radii on the site plan.
(Department of Planning Services-Engineer)
3. Show and label all easements with the recorded document reception number and date on the site
plan. (Planning)
4. Show and label a 30ft minimum access and utility easement to provide legal access to the parcel
on the site plan. (Department of Planning Services-Engineer)
5. Show and label the approved tracking control on the site plan.
6. Show and label the accepted drainage features and drainage flow arrows on the site plan. Water
quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No-Build or Storage Area, Volume =_" (Department of Planning Services-Engineer)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services-Engineer)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services-Engineer)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. 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)
2. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Planning and Engineering)
3. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
4. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services-Engineer)
5. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services-Engineer)
MEMORANDUM
✓ELr TO: DIANA AUNGST, PLANNING SERVICES
FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH
U31/311__ _ SUBJECT: USRl5-0042
G U DATE: AUGUST 26, 2015
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for a Mineral Resource
Development Facility, Oil and Gas Support and Service Facility (office/shop and storage
of vehicles and equipment) in the A (Agricultural) Zone District.
There will be up to 60 employees accessing the site. The majority of employees come
to the site to retrieve equipment and then proceed to the job sites. Approximately 5
employees will remain on site when the office is constructed.
The application indicates a commercial septic system will be installed in conjunction
with the construction of the office/shop. A commercial well will provide water.
We have no objections to the proposal; we recommend that the following requirements
be incorporated into the permit as development standards:
1. 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.
2. 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.
3. 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.
4. Fugitive should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's air quality
regulations.
5. 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.
6. Sewage disposal shall be by septic system. 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.
7. Adequate drinking, hand washing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. For employees or
contractors 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.
8. 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.
9. Process wastewater (such as floor drain wastes) shall be captured in a
watertight vault and hauled off for proper disposal. Records of installation,
maintenance, and proper disposal shall be retained.
10.Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency.
11.The facility shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
12.The operation shall comply with all applicable rules and regulations of State
and Federal agencies and the Weld County Code.
2
MEMORANDUM
1ti ` ' ;
C.= To: Diana Aungst, Planner July 30, 2015
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR15-0042 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV15-00073)was noted. This
violation was initiated due to the operation of a commercial trucking operation without first completing the
necessary Weld County Zoning Permits. This case has not been presented to the Weld County Court
Magistrate through the Violation Hearing process. Since this application was submitted prior to an actual
court date being scheduled, NO investigation fee is required.
Due to records release laws, staff no longer tracks complainant information, but please be aware it is
staff's policy to no longer accept staff initiated complaints.
This violation was initiated on May 7, 2015.
If this application if approved by the Board of County Commissioners and once a plat is recorded will
correct this outstanding violation. If this application is denied, all commercial operations and all but 1
(one)Commercial Vehicle shall be removed within 30(thirty)days of denial or the violation will proceed in
court accordingly.
SERVICE TEAMWORK,INTEGRITY,QUALITY
Submit by Email
Air Weld County Referral
ccuN Y. .
July 29, 2015
The Weld County Department of Planning Services has received the following item for review:
Applicant: Drill Green, LLC Case Number: USR15-0042
Please Reply By: August 26, 2015 Planner: Diana Aungst
Project:A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service, (office/shop and storage of vehicles and
equipment) in the A(Agricultural)Zone District
Location: West of and adjacent to CR 31 and north of and adjacent to CR 26
Parcel Number: 121133400020-R2828404 Legal: PART E2SE4 SECTION 33, T3N, R66W LOT B REC
EXEMPT RE-3693(.76R)of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
PIWe have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
f 1 We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Jake Billadeau Date 8/24/15
Agency Anadarko
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax
AnadarkEit
Petroleum Corporation
August 24,2015
Via e-mail
Diana Aungst, Planner
Weld County Department of Planning Services
1555 N. 17th Ave
Greeley, CO 80631
chum ust(r;wc I d L'ov.coin
NOTICE OF MINERAL INTERESTS AND OIL AND GAS LEASEHOLD
INTERESTS OWNED BY ANADARKO LAND CORP., ANADARKO E&P
COMPANY LP AND KERR-McGEE OIL & GAS ONSHORE LP AND OBJECTION
Re: USR15-0042
Drill Green, LLC - Applicant
Township 3 North, Range 66 West
Section 33: part of the E/2SE/4
Weld County, Colorado
Ms. Aungst:
This objection and notice letter is submitted to Weld County ("County") on behalf of
Anadarko Land Corp. ("Anadarko Land"), Anadarko E&P Company LP ("Anadarko E&P"),
and Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee") with respect to the application for
a Site Specific Development Plan and USR Permit that has been filed with the County by
Drill Green, LLC ("Applicant") that includes property in the E/2SE/4 of Section 33,
Township 3 North, Range 66 West in Weld County.
Anadarko Land and Anadarko E&P (the "Anadarko entities") together own the
minerals that underlie the property located in Section 33 ("Property"). Kerr-McGee owns oil
and gas leasehold interests in the Property.
The Anadarko entities and Kerr-McGee wish to give notice to the County of the
mineral interests and oil and gas leasehold interests they own under the Property and make
the County aware that the approval of a final application may significantly impact the
prospective development of the minerals and oil and gas leasehold interests that underlie the
Property. The Anadarko Entities and Kerr-McGee object to the approval of a final
application for development until agreements on surface use are reached among the
Anadarko entities, Kerr-McGee and the Applicant covering the Property.
The following are comments in support of this Notice and Objection:
1. The Mineral Resources Owned by Anadarko Land Corp.
Anadarko Land owns all of the hard rock minerals, including the coal, that underlies
the Property. A Minerals Land Manager for Anadarko Land has reviewed the Property for
coal resource potential and determined that the Property is underlain with Laramie Formation
coals that are approximately 10.5 feet thick and lie at a depth starting at approximately 130
feet. Laramie Formation coals have a high BTU of approximately 8,900 to 9,800 btu/lb and a
low sulfur content of between .3 and .8 percent. The Land Manager estimates that there may
be over 11.73 million tons of Laramie Formation coal in Section 33.
2. The Oil and Gas Resources Owned by the Anadarko Entities.
The Anadarko entities together own all of the oil and gas that underlies the Property,
and Kerr-McGee owns oil and gas leasehold interests for the Property.
Colorado Oil and Gas Conservation Commission ("COGCC") reports reflect that
there are currently thirty-six producing wells in Section 33. Current COGCC rules and
regulations provide for five drilling windows in a quarter section where the Property is
located, one in the center of the quarter section and one in the center of each quarter quarter
section.
3. There is Clear Statutory Authority and Direction for the County to Take Into Account
the Rights of Mineral Interest Owners in Its Consideration of Applications for
Development.
The State of Colorado recognizes the important rights of mineral owners and lessees
in C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and
the surface estate are interests in land and that the two interests are "separate and distinct."
The subsection specifically recognizes that the owners of subsurface mineral interests and
their lessees have "the same rights and privileges as surface owners."
4. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard
to the Rights of the Other.
Colorado law provides that the mineral owner has the right of reasonable access to
and use of the surface estate to extract minerals and that the mineral estate owner and the
surface estate owner are to give due regard to the rights of the other and reasonably
accommodate each other's rights.
5. The Anadarko Entities and Kerr-McGee Have Entered into Many Agreements with
Developers With Respect to the Disposition of the Minerals at the Time that the
Developer Proposes to Develop the Surface Estate, and the Public Interest is Served
by the Parties Entering into Such an Agreement.
The mineral assets have significant value and consequently the Anadarko entities and
Kerr-McGee are concerned that the approval by the County of an application for
development of the Property and the subsequent build-out of the Property may impair their
ability to develop their minerals and oil and gas leasehold.
Any future surface development plans approved by the County should incorporate
and designate lands to be set aside for oil and gas development and expressly provide
protection for future wells, pipelines, gathering lines and related oil and gas facilities and
equipment. Approval of any surface development plan that forecloses the rights of mineral
owners may be a compensable taking.
The Anadarko entities and Kerr-McGee have extensive mineral and oil and gas
leasehold interests throughout the State of Colorado and have successfully worked with many
parties who wish to develop the surface estate in order to assure the compatible development
of the surface estate and the oil and gas estate or some other disposition of the minerals.
The practice of the Anadarko entities and Kerr-McGee is to meet with surface owners
to reach a mutually acceptable surface agreement and agreement for the disposition of the
hard rock mineral interests. Because no agreements have been reached between the parties
that covers the Property, and in order to protect their mineral and oil and gas leasehold
interests and private property rights, the Anadarko entities and Kerr-McGee object to the
application and request that the County make any approval of a final application for
development of the Property conditioned upon an agreement among the Anadarko entities,
Kerr-McGee and the Applicant.
Please contact me at 970-515-1186 if you have any questions or comments about this
matter. The Anadarko entities and Kerr-McGee hope to conclude a mutually acceptable
agreement with the surface owner of the property, and we look forward to working with the
County to accomplish its land use planning goals.
Very truly yours,
Anadarko Petroleum Corporation
o�
o.+,ba4+aLf of
Paul Ratliff
Landman
cc: Susan Aldridge, Sr. Counsel
Mark Floyd, Sr. Counsel
Justin Shoulders
Travis Book
Don Ballard
Ron Olsen
Mike Brotzman
Reed Buhler—Applicant(rack92@msn.com)
Todd Hodges—Todd Hodges Design, LLC (toddhodgesdesign@gwestoffice.net)
Hello