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LAND USE APPLICATION
SUMMARY SHEET
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Planner: Kim Ogle Hearing Date: September 1, 2015
Case Number: USR15-0037
Applicant: Blue Grama Land Corporation, 501 South Coltrane, Suite A, Edmond, OK 73034
Representative: Anne Johnson, Tetra Tech, 1900 South Sunset Street, Suite 1-E, Longmont, CO
80501
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Storage Facility with Transloading; and any use
permitted as a Use by Right, an accessory use, or a Use by Special Review in the
Commercial or Industrial zone districts, provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions. PUD development proposals shall
not be permitted to use the special review permit process to develop; a construction
laydown yard, and a 35 foot in height communications tower in the A (Agricultural)
Zone District. (Blue Grama Land Corporation, Lucerne Origination Facility)
Legal Lot B, RECX15-0080, being part of the E2 NE4 of Section 27, T6N, R65W of the 6th
Description: P.M., Weld County, CO
Location: South of and adjacent to County Road 66; West of and adjacent to County Road 45
Size of Parcel: +/- 65 acres Parcel No. 0803-27-1-00-081
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 July 2, 2015
➢ City of Greeley—Community Development, referral dated July 24, 2015
➢ Weld County Department of Public Health and Environment, referral dated July 27, 2015
➢ Weld County Department of Planning Services - Engineer, referral dated July 29, 2015
Weld County Public Works—Traffic, referral dated August 18, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Zoning Compliance, referral dated July 1, 2015
➢ Weld County Sheriff's Office, referral dated July 6, 2015
➢ Greeley Weld County Airport Authority, referral dated July 14, 2015
➢ Weld County Public Works—Access, referral dated July 23, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
• Noble Energy, Inc.
USR15-0037 BLUE GRAMA LAND CORPORATION
Lucerne Origination Terminal
Page 1
➢ DCP Midstream, LP ➢ West Greeley Soil Conservation District
➢ Eaton Fire Protection District ➢ Weld County Department of Building
• North Weld County Water District Inspection
➢ Weld County School District RE-6 ➢ Weld County Office of Emergency
➢ Weld County Public Works—Traffic Management
➢ Federal Communication Commission
Case Summary:
Blue Grama Land Corporation, (Blue Grama) proposes to construct a truck unloading facility to be identified
as the Lucerne Origination Facility that will be the origination point for the Grand Mesa Pipeline. The Grand
Mesa Pipeline is the 20" diameter pipeline that will originate from the site and transport crude oil to Cushing,
Oklahoma. Additional gathering lines will enter the site including the 12" diameter pipeline that will enter the
site from the future Riverside Station located east of Kersey, Colorado. Blue Grama has commitments from
key industry producers to transport crude oil from Weld County to Cushing, Oklahoma. From Cushing, the
resource is piped for refinement before being sent to other domestic and international destinations.
The site will be secure and fenced with chain link and topped with barbed or concertina wire. Access to the
facility will be controlled by an automated access system. During daylight hours, the main gates may be left
open to enable more efficient access to the facility. The facility will be secured during other times. Lighting
will be for security purposes and shall not spill onto adjacent properties.
A traffic study was submitted and indicated that there will be approximately 260 vehicle trips per day(vpd)
with 250 of those being truck roundtrips. The facility will operate 24 hours a day, 7 days a week, 365 days a
year. The total number of employees at this facility will not exceed 8 employees per shift. Initially, there will
be one eight-hour shift with employees taking on-call times for off-hour work. Additional shifts may be added
in the future.
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. 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 Blue Grama is proposing to convert to industrial use is irrigated Prime
Agriculture land and is located in a rural area east of the Greeley-Weld County Airport
where there is a significant amount of oil and gas activity occurring and where there is
associated infrastructure in place. The existing PSCO Pleasant Valley substation will be
expanded to provide reliable electrical service for the facility operation.
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."
USR15-0037 BLUE GRAMA LAND CORPORATION
Lucerne Origination Terminal
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The proposed Blue Grama site is located in a sparsely populated 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 fully 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 site the impact on the surrounding land will be minimal.
Section 22-6-20.C Econ.Goal 3.1 states "Structure land use policies and regulations so
that they encourage County-wide economic prosperity and economic growth" and
ECON.Policy 3.1.states "County activities and regulation should protect the rights of
private property owners and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and grow the local economy."
The property has historically been utilized for irrigated production agriculture and was
recently conveyed to the current property owner and applicant for uses that are associated
with the expanding oil and gas industry including the transfer and processing of oil from
the field to market, initially via tanker truck and at buildout via pipeline.
B. 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;
and Section 23-3-40.S for any use permitted as a Use by Right, an accessory use, or a
Use by Special Review in the Commercial or Industrial zone districts, provided that the
property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions. PUD development
proposals shall not be permitted to use the special review permit process to develop; a
construction laydown yard in the A (Agricultural) Zone District. (Blue Grama Land
Corporation, Lucerne Origination Facility)
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The proposed facility will minimally impact the surrounding properties. Surrounding
properties include unincorporated Weld County in agricultural uses with some rural
residential. There are two residential structures north of the property and one
immediately west and adjacent to the property. The property is within the Airport Overlay
District. The applicants have been in contact with the Greeley-Weld County Airport
Authority and the FAA for possible permitting requirements. The nearest residential
structure is adjacent to and north of the proposed facility. The applicants held an Open
House on May 27, 2015 and invited those within one-half mile of the facility to the Open
House. Five individuals representing 3 of the 24 properties within this radius attended. Of
those that attended, no negative comments or concerns over the proposed facility were
made. The project is anticipated to have minimal impact to the existing land use of the
subject parcel and those that surround it.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within a three (3) mile referral area of the City of Greeley. The City in
their referral dated July 24, 2015 provided advisory comments derived from the City of
Greeley Development Code and the City of Greeley Design Criteria and Construction
Specifications Volumes I, II and III. The City of Greeley stated that the property was
located in the City of Greeley's Long Range Expected Growth Area and the City
anticipates community development occurring in this area in the next twenty years.
USR15-0037 BLUE GRAMA LAND CORPORATION
Lucerne Origination Terminal
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Additional comments addressed site development criteria, water service provided by
North Weld County Water District in accordance with the executed Water Service
Agreement dated February 5, 2013 and a request for future right-of-way on both County
Road 66 and County Road 45.
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, or Geologic Hazard 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 65 acres identified as "Prime
Agricultural" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. Of the approximately 65 acres in area, 45 acres will be utilized for the facility. The
remaining 20 acres will be seeded in an agricultural seed crop to prevent wind and water
erosion and maintain the soil condition. The site is currently irrigated however, the
irrigation well may be re-permitted in the future upon approval for a commercial/industrial
water source for the facility.
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. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of
Planning Services- Engineer)
C. The applicant shall attempt to address the requirements (concerns) of the City of
Greeley, as stated in the referral response dated July 24, 2015. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (City of
Greeley)
USR15-0037 BLUE GRAMA LAND CORPORATION
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D. The map shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. Show and label the approved access turning radii. (Department of Public Works)
3. Show and label the accepted drainage features and drainage flow arrows on the
map. Water quality features or stormwater ponds should be labeled as "Water
Quality Feature/Stormwater Detention, No-Build or Storage Area, Volume = TBD"
(Department of Planning Services- Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat 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
plat 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
senttomaps@co.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.
(Department of Planning Services- Engineer)
B. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services- Engineer)
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. Prior to the issuance of the Certificate of Occupancy:
A. In the event the applicant intends to utilize the existing septic system, the septic system shall
be reviewed by a Colorado Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the system's ability to handle the
proposed hydraulic load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed the system shall be brought into
compliance with current Regulations. Alternately, a new septic system may be installed.
USR15-0037 BLUE GRAMA LAND CORPORATION
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Evidence of such shall be submitted, in writing, to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
8. 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 plat 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)
USR15-0037 BLUE GRAMA LAND CORPORATION
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Blue Grama Land Corporation
Lucerne Origination Facility
USR15-0037
1. A Site Specific Development Plan and Special Review Permit for Mineral Resource Development
Facilities, Oil and Gas Storage Facility with Transloading; and any use permitted as a Use by Right,
an accessory use, or a Use by Special Review in the Commercial or Industrial zone districts, provided
that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall
not be permitted to use the special review permit process to develop; a construction laydown yard,
and a 35 foot in height communications tower in the A (Agricultural)Zone District. (Blue Grama Land
Corporation, Lucerne Origination Facility), 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 are restricted to eight (8) persons per shift, as stated by the applicant
(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. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
9. 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)
10. 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)
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)
USR15-0037 BLUE GRAMA LAND CORPORATION
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12. 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 On-site Wastewater
Treatment Systems. (Department of Public Health and Environment)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the public water supply. (Department of Public Health and Environment)
14. 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 (HAPs) and volatile
organic compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
15. 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)
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. (Department of Public Health and
Environment)
17. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. A synthetic or engineered liner shall be
placed directly beneath each above-ground tank. 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. (Department of Public Health and
Environment)
18. 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)
19. 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)
20. 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)
21. 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)
22. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services— Engineer)
23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
24. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
25. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Department of Planning Services- Engineer)
USR15-0037 BLUE GRAMA LAND CORPORATION
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26. At the intersections of County Road 43 & County Road 66 and County Road 47 & County Road 66
the applicant will need to make the necessary improvement when the triggers are met.
27. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources, including, but not limited to, sand
and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b)the populous counties of the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits
and cause the least practicable disruption of the ecology and quality of life of the citizens of the
populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource
33. 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
USR15-0037 BLUE GRAMA LAND CORPORATION
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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.
USR15-0037 BLUE GRAMA LAND CORPORATION
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H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970) 304-6498
r �
July 31, 2015
JOHNSON ANNE
1900 S SUNSET ST STE 1-E
LONGMONT, CO 80501
Subject: USR15-0037 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS STORAGE FACILITIES
WITH TRANSLOADING, A LAY-DOWN YARD AND A LESS THAN 70 FOOT IN HEIGHT
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT (BLUE GRAMA LAND
CORPORATION, LUCERNE ORIGINATION FACILITY)
On parcel(s)of land described as:
NE4 SECTION 27,T6N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 1, 2015, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September
23, 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.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
I , n Digitally signed by Kristine
fthinslem
Mason:l am the authororof thisdocument
Date:2015.07.31 15:54:26-06'00'
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
. WEBSITE: www.co.weld.co.us
�iri_� E-MAIL: kogle@co.weld.co.us
!. PHONE: (970)353-6100, Ext. 3549
ti ' FAX: (970)304-6498
July 01, 2015
ANNE JOHNSON
1900 S SUNSET ST STE 1-E
LONGMONT, CO 80501
Subject: USR15-0037 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS STORAGE FACILITIES
WITH TRANSLOADING, A LAY-DOWN YARD AND A LESS THAN 70 FOOT IN HEIGHT
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT (BLUE GRAMA LAND
CORPORATION, LUCERNE ORIGINATION FACILITY)
On parcel(s)of land described as:
NE4 SECTION 27,T6N, R65W 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,
Digitally signed by Kristine tandem
Mason:I am the author of this document
Date:2015.07.01 10:47:36-06'00'
Kim Ogle
Planner
861 ,` MEMORANDUM
To: Planning Commissioners
Board of County Commissioners
✓ ��� VIA,
U' >c o;;N 7 Y From: Kim Ogle, Planning Services )
Subject: Request for Continuance, USR15-0037
Blue Grama Land Corporation
Date: September 1, 2015 — Planning Commissioners
September 16, 2015— Board of County Commissioners
The Department of Planning Services received a letter from the applicant's representative,
Anne Best Johnson from Tetra Tech Longmont office requesting a continuance of this case,
USR15-0037 for the Blue Grama Land Corporation of Edmond, OK fora Site Specific
Development Plan and Special Review Permit for Mineral Resource Development Facilities, Oil
and Gas Storage Facility with Transloading; and any use permitted as a Use by Right, an
accessory use, or a Use by Special Review in the Commercial or Industrial zone districts,
provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of
a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD
development proposals shall not be permitted to use the special review permit process to
develop; a construction laydown yard, and a 35 foot in height communications tower in the A
(Agricultural) Zone District. (Blue Grama Land Corporation, Lucerne Origination Facility)
The applicant is making this request such that adequate time will allow the Blue Grama Land
Corporation to finalize the site grading and drainage plans associated with the project.
Therefore, the applicant is requesting this case be continued until Tuesday October 6, 2015
for the Planning Commission hearing and October 21, 2015 for the Board of County
Commissioners hearing. On behalf of the applicant, we request your support with this
request.
SERVICE,TEAM WORK.INT➢GRII Y,QUALITY
lt TETRA TECH
August 28, 2015
Mr. Kim Ogle,Planner
Weld County Planning
1455 North 171h Avenue
Greeley, CO 80631
RE: USR15-0037
Dear Kim,
On behalf of Blue Grama Land Corporation, we would like to request a continuance of our Planning Commission
hearing scheduled for Tuesday, September 1 to Tuesday, October 6. We would respectfully request the Board of
County Commissioner's hearing to be continued from Wednesday, September 16 to Wednesday,October 21.
This extra time will allow all parties time to finalize the site grading and drainage so that a final grading and drainage
plan can be reviewed concurrently with the USR Application.
Your consideration is appreciated.
Sincerely,
Anne Best Johnson, AICP
Senior Planner
Tetra Tech
1900 S. Sunset Street, Suite I-E, Longmont, CO 80501
Tel 303-772-5282 Fax 303-772-7039 www.tetratech.com
FIELD CHECK USR15-0037 Inspection Date: AUGUST 18, 2015
Applicant: Blue Grama Land Corporation
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Storage Facility with Transloading; and any use permitted as a Use
by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial zone districts,
provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map
or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals
shall not be permitted to use the special review permit process to develop; a construction laydown yard,
and a 35 foot in height communications tower in the A (Agricultural) Zone District. (Blue Grama Land
Corporation, Lucerne Origination Facility)
Legal: Lot B, RECX15-0080, being part of the E2 NE4 of Section 27, T6N, R65W
Parcel ID#: 0803-27-1-00-081 Acres: 65
Zoning Land Use
N AGRICULTURE N Production Agriculture, single Family Residence
E AGRICULTURE E Production Agriculture, single Family Residence
S AGRICULTURE S Production Agriculture, single Family Residence
W AGRICULTURE W Production Agriculture, vacant single Family Residence
Comments:
The property is bordered by large tracts of irrigated agricultural lands, some with
residential structures. The adjacent property has a single family residence that appears
to be vacant. In the northeast quadrant of the property is the Public Service of Colorado
Pleasant Valley substation.
There appear to be easements for underground pipelines crossing the property at the
edges for DCP Midstream and Home Light Power for the overhead electrical service.
The property is in cabbage at time of visit. At time of sign planting the produce was
being harvested
County Road 66 adjacent to the north and County Road 45 adjacent to the east are
paved two lane farm to market roads with borrow a ditch adjacent. Deeper ditches
prevail to the west side of County Road 45.
There were no identifiable violations noted on site.
si r4a/u Lt
❑ House(s) ❑ Access to Property ❑ Crop Productions
❑ Site Distance ❑ Oil & Gas Structures -Two in Center of 40 acres
n Utilities On-Site—Pleasant Valley Substation, local distribution feed
❑ Topography - Slightly sloped to South
Note any commercial business/commercial vehicles that are operating from the site -- NONE
Hello