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HomeMy WebLinkAbout20150647.tiff CORRECTED RESOLUTION (Corrected as to Legal Description) RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR11-0005, FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, FOUR (4) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET, IN THE A (AGRICULTURAL) ZONE DISTRICT - WETCO FARMS, INC., C/O DCP MIDSTREAM, LP WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 12th day of October, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of WETCO Farms, Inc., 2055 1st Avenue, Greeley, Colorado 80631, do DCP Midstream, LP, 3026 4th Avenue, Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0005, for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to, four (4) compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot C of Recorded Exemption, RECX14-0114; being part of the NE1/4 of Section 10, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Patrick Groom, Esq., of Witwer, Oldenburg, Barry and Johnson, LLP, 822 7th Street, Suite 760, Greeley Colorado 80631, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.6 of the Weld County Code as follows: C�.21.(On Ogie. 3 2015-0647 PL2135 SPECIAL REVIEW PERMIT, USR11-0005 -WETCO FARMS, INC., C/O DCP MIDSTREAM, LP PAGE 2 a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22 and any other applicable Code provisions or ordinance in effect. Section 22-5-100.A (OG.Goal 1) states, "Promote the reasonable and orderly exploration and development of oil and gas mineral resources;" 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 uses." Section 22-5-100.B (OG.Policy 2.9) states, "Impose protective measures through available state, county, and federal regulations to ensure that the mineral operator conducts operations in a manner that will minimize current and future environmental impacts." The request for a Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to, four (4) compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, necessitated by the need to move larger volumes of gas due to the recent increases in drilling activity and projected additional production increases anticipated by producers. b. Section 23-2-230.B.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 provides for Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural) Zone District. c. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The property is relatively flat with oil and gas encumbrances present. Lands to the north, south, and west are in agricultural production, with lands to the east within the City of Evans. There are six (6) single family residences in the immediate vicinity, the Five Rivers Ranch Cattle Feeding (JBS) Feedlot [SUP-21] 0.5 miles to the west, and Envirotech one mile to the north. There are ten (10) property owners within five hundred feet of this facility. The entire property is presently in old field row crop with oil and gas encumbrances. Staff has not received any telephone calls, e-mails, or letters concerning this case from surrounding property owners. d. Section 23-2-230.6.4 -- 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 existing site is within the three-mile referral area of the Cities of Greeley and Evans. The City of Greeley, in its referral dated August 24, 2011, had no planning concerns but did have engineering recommendations specific to turning radius, site circulation, stormwater design and drainage related concerns, and a request for notification of the required Stormwater Discharge Permit from the Colorado Department of 2015-0647 PL2135 SPECIAL REVIEW PERMIT, USR11-0005 -WETCO FARMS, INC., CIO DCP MIDSTREAM, LP PAGE 3 Public Health and Environment prior to commencing construction. The City of Evans did not return a referral indicating a conflict with its interests. e. Section 23-2-230.6.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard, or Airport Overlay District. Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. This proposed facility is located on a 150-acre parcel, utilizing ten (10) acres for the compressor site. The proposed facility is sited on lands that are designated "Irrigated Not Prime" on the Important Farmlands of Weld County Map, dated 1979; however, ongoing agricultural production will continue on lands not impacted by this proposed facility. g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of WETCO Farms, Inc., do DCP Midstream, LP, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0005, for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to, four (4) compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR11-0005. 2) The attached Development Standards. 2015-0647 PL2135 SPECIAL REVIEW PERMIT, USR11-0005 - WETCO FARMS, INC., CIO DCP MIDSTREAM, LP PAGE 4 3) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate the trash collection areas. Sections 23-2-260.C.11 and 23-3-350.A.6 of the Weld County Code address the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent properties and public rights-of-way. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. 5) County Road 33 is designated on the Weld County Road Classification Plan as a local gravel (Dust Suppression) road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way, and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by the City of Evans through an annexation. 6) The City of Evans has jurisdiction over the access to County Road 33. The applicant shall contact the City of Evans Office to verify the access permit, or for any additional requirements that may be needed to obtain or upgrade the permit. 7) The applicant shall submit evidence of an approved access from County Road 33. Proposed traffic includes one (1) employee visiting the site each day and a tractor trailer every other day to haul produced water from the site. The applicant shall show and label, on the plat, the proposed access width (minimum 20-foot for emergency vehicles), the turning radiuses into the site (45 to 60-foot radiuses required to accommodate trucks), and the proposed 30-inch RCP culvert at the access. The access shall be placed in such a location that there is adequate site distance in both directions and not below the crest of a hill. 8) Tracking control is required to prevent tracking of mud and debris on to the County roadway. The applicant shall show and label a double cattle guard (2 cattle guards placed back to back to allow for a full rotation of truck tires) at the access, far enough back from the County roadway to allow a tractor trailer to completely pull off the main roadway before crossing the cattle guards. 9) Based upon the proposed traffic volumes to this facility a traffic study was not required. The applicant is indicating approximately 2015-0647 PL2135 SPECIAL REVIEW PERMIT, USR11-0005 -WETCO FARMS, INC., C/O DCP MIDSTREAM, LP PAGE 5 one (1) pick up per day by two (2) employees and a tractor-trailer rig; one every other day. This will be an unmanned facility. 10) The approved Lighting Plan for the facility. B. The applicant shall address the concerns of the Department of Public Works, as indicated in the referral dated August 18, 2011. C. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division (APCD) of the Colorado Department of Public Health and Environment, if applicable. Alternately, the applicant may provide evidence from the APCD that they are not subject to these requirements. D. The applicant shall submit a signed copy of the Spill Prevention, Control and Countermeasure (SPCC) Plan to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. E. The applicant shall submit a Lighting Plan, including the manufacturer's cut sheets for each of the proposed lighting fixtures and lamps, to the Department of Planning Services, for review and approval. F. The applicant shall provide written evidence of compliance with the Tier II reporting and the development of a Risk Management Plan if this facility meets the Environment Protection Agency (EPA) standard for reporting. Further, the applicant shall provide Tier II documentation to the Weld County Local Emergency Planning Committee (LEPC) and the Fire District, as required. G. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site, or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes may be delineated on the plat, in accordance with the State requirements, as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. H. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2. Prior to Construction: A. The project will disturb over one (1) acre of land, therefore, a Weld County Grading Permit is required before construction. The grading permit application must include the grading plan, erosion and sediment 2015-0647 PL2135 SPECIAL REVIEW PERMIT, USR11-0005 - WETCO FARMS, INC., CIO DCP MIDSTREAM, LP PAGE 6 control plan, typical Best Management Practices (BMP) installation details, typical BMP installation and maintenance notes, and a copy of the Colorado Department of Public Health and Environment construction Stormwater Discharge Permit. B. Building permits shall be obtained prior to the construction of any structure or change of use of any building. C. A plan review is required for each building. Plans require the wet stamp of a Colorado registered architect or engineer. D. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Currently adopted codes include the 2006 International Residential Code, 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas Code, 2006 International Energy Conservation Code, 2008 National Electrical Code, and Chapter 29 of the Weld County Code. E. Each building will require an engineered foundation designed by a Colorado registered engineer, based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. F. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Weld County Code. G. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. H. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. The applicant shall provide a letter of notification from the LaSalle Fire Protection District prior to any new construction. 3. Upon completion of Condition of Approval #1 above, 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 2015-0647 PL2135 SPECIAL REVIEW PERMIT, USR11-0005 -WETCO FARMS, INC., 0/O DCP MIDSTREAM, LP PAGE 7 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 ninety (90) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 5. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required ninety (90) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of March, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST: CC�� C� , / IL, &aKirkmeye4air Weld County Clerk to the Board Mike Freeman, Pro-Tem BY Deputy CI k to the Bo rr Sean P. Conway e --) APPROVED pS TO FOR !� � = Y L� �i7 vir 'Julie A. Cozad lc _ County Attorney -1 4C- Steve Moreno Date of signature: .5/011°//jam 2015-0647 PL2135 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WETCO FARMS, INC., C/O DCP MIDSTREAM, LP USR11-0005 1. The Site Specific Development Plan and Use by Special Review Permit, USR11-0005, is for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to, four (4) compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. 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. 4. 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. 5. 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. 6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. 7. Fugitive dust shall be controlled on this site. 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code, or with all applicable State noise statutes and/or regulations. 9. A permanent, adequate water supply shall be provided for drinking and sanitary facilities when there is at least one (1) full-time employee located on the facility. 10. An Individual Sewage Disposal System shall be provided when there is at least one (1) full-time employee stationed on the site. 11. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 12. All potentially hazardous chemicals must be stored and 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 secure, on an impervious surface, and in accordance with manufacturer's recommendations. 2015-0647 PL2135 DEVELOPMENT STANDARDS -WETCO FARMS, INC., C/O DCP MIDSTREAM, LP (USR11-0005) PAGE 2 13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 14. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 15. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 16. A building permit shall be obtained prior to the construction of any new structures. 17. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. The applicant shall include a Code Analysis Data Sheet with each building permit. Submittal plans shall include a floor plan showing the specific uses for each area of the building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the design for fire separation and occupancy separation walls, when required by Chapters 5 and 7 of the 2006 International Building Code. Fire Protection shall conform to Chapter 9. 18. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas Code, 2008 National Electrical Code, and Chapter 29 of the Weld County Code. 19. All building plans shall be submitted to the LaSalle Fire Protection District, for review and approval, prior to the issuance of building permits. 20. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration, and/or unplanned ponding of storm runoff. 21. The applicant must take into consideration stormwater capture/quantity and provide accordingly for Best Management Practices. 22. Weld County is not responsible for the maintenance of on-site drainage related features. 23. Off-street parking spaces, including the access drive, shall be surfaced with gravel and shall be graded to prevent drainage problems. 24. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). 2015-0647 PL2135 DEVELOPMENT STANDARDS-WETCO FARMS, INC.,C/O DCP MIDSTREAM,LP (USR11-0005) PAGE 3 25. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission(COGCC)rules and regulations,including drill pad construction,stormwater controls,and reclamation. 26. Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 27. Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 28. The facility will operate 24 hours per day,365 days per year. 29. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1, Lighting Standards,of the Weld County Code. 30. The facility is unmanned,without permanent employees on the site. 31. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 32. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 33. 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. 34. The 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. 35. 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. 2015-0647 PL2135 MEMORANDUM To: Board of County Commissioners +1 ! From: Kim Ogle, Planning Services 61; c Subject: Change in Legal Description for USR11-0005 Date: March 2, 2015 The Department of Planning Services has received the attached letter dated February 24, 2015 from Patrick M. Groom, Esq., with Witwer, Oldenburg Barry & Groom, LLP, counsel for DCP Midstream, LP requesting a change in the Legal description of the DCP Midstream Godfrey Bottoms Compressor Station permitted under USR11-0005. This request comes as a condition of approval for the recently administratively approved Recorded Exemption No. RECX14-0114. Per this approval, Condition of Approval No. 2.F states"The applicant shall submit an application for the change in legal for USR11-0005 per the criteria delineated in Section 23-2- 280.6 of the Weld County Code." Background Information (06 Legal Description: Lot B of RE-1905 being a part of the NE4 of Section 10, T4N, R6f0 of the 6tt' P.M., Weld County, CO Location West of and adjacent to County Road 33; Approximately 0.5 miles North of County Road 46 July 12, 1996 RE-1905 being the NE4 of Section 10, T4N, R68W of the 6m P.M., Weld County, CO was recorded via Reception No. 2500685 October 12, 2011 USR11-0005 for DCP Midstream, LP was approved by the Board of County Commissioners March 15, 2012 USR11-0005 for DCP Midstream, LP located on Lot B of RE-1905 being part of the NE4 of Section 10, T4N, R68W of the 6th P.M.,Weld County, CO was recorded under Reception No. 3831999 November 25, 2014 RECX14-0114 was administratively approved with conditions by the Department of Planning Services February 17, 2015 Mylar drawings were submitted for signature delineating Lot C of RECX14-0114 as the Legal Description for USR11-0005, previously approved on October 12, 2011. February 25, 2015 Mylar drawings were submitted for signature and recording of RECX14-0114 The Department of Planning Services is recommending approval of this change in Legal description for the DCP Midstream Godfrey Bottoms Compressor Station permitted under USR11-0005 S t:aV!CL'. I!AN-11\ I Y Ql_AI II`." 2015-0647 /91-02/35. Esther Gesick From: Kim Ogle Sent: Monday, March 02, 2015 10:58 AM To: Esther Gesick Cc: Karla Ford; Brad Yatabe Subject: RE: DCP CHANGE IN LEGAL DESCRIPTION FOR USR11-0005 - SECOND OF TWO SUBMITTALS Esther The old Legal is Lot B of RE-1905 being part of the NE4 Section 10, T4N, R66W of the 6th P.M., weld County Colorado The new Legal is Lot C of RECX14-0114 being part of the NE4 Section 10,T4N, R66W of the 6"' P.M., weld County Colorado Thanks Kim Ogle Planner Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 NA A' 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. Think Green -Not every email needs to be printed From: Esther Gesick Sent: Monday, March 02, 2015 10:39 AM To: Kim Ogle Cc: Karla Ford; Brad Yatabe Subject: RE: DCP CHANGE IN LEGAL DESCRIPTION FOR USR11-0005 - SECOND OF TWO SUBMITTALS So, I'm thinking we could do a Corrected Resolution to get this taken care of as a simple 9:00 Planning item. What is the new Legal Description supposed to be? Would next Monday 3/9 work for you? Esther E. Gesick Clerk to the Board 1150 O Street)P.O. Box 758/Greeley, CO 80632 tel: (970) 336-7215 X4226 1 Confidentiality Notice',This electronic transmission and any attached documents or other writings are intended only for the person cr 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: Kim Ogle Sent: Monday, March 02, 2015 6:53 AM To: Kim Ogle; Esther Gesick Cc: Karla Ford Subject: DCP CHANGE IN LEGAL DESCRIPTION FOR USR11-0005 - SECOND OF TWO SUBMITTALS From: Kim Ogle Sent: Monday, March 02, 2015 6:52 AM To: Esther Gesick Cc: Karla Ford Subject: DCP CHANGE IN LEGAL DESCRIPTION FOR USR11-0005 - SECOND OF TWO SUBMITTALS Good morning, Attached is a Memorandum and 4 drawings for the record. I did not know if a change in legal Description constituted action by the Board of County Commissioners, or not. If not, please let me know so that I may inform the applicant's representative. Thanks! and have a great week. Kim Kim Ogle Planner Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. `p Think Green -Not every email needs to be printed 2 WITWER, OLDENBURG, BARRY &GROOM, LLP Attorneys at Law 822 7th Street,Suite 760 Greeley,CO 80631 STOW L.WITWER,JR. TELEPHONE:(970)352-3161 R.SAM OLDENBURG FACSIMILE:(970)352.3165 JOHN J.BARRY PATRICK M.GROOM SENDER'S E-MAIL ADDRESS KENT A.NAUGHTON JON T.RIIRTA R(/ P(;RO)M .WOHJl.AW.I_QM February 24,2014 Weld County Dept. of Planning Services 155 North 171h Ave. Greeley,CO 80631 Attn: Kim Ogle Re: (./S'.R 11-0005 Dear Mr. Ogle: DCP Midstream,LP("DCP") is requesting that Weld County partially vacate USR 11- 0005. As grounds therefore, DCP has submitted a Recorded Exemption Application, RECX 14- 0114, which Recorded Exemption will divide the parcel subject to USR 11-005 into three separate parcels. DCP intends to utilize only Parcel C of RECX 14-01 14 for the permitted use under USR 11-0005. If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, WITWI-:R, OLDENBURG, BARRY& GROOM, 1,LP • j . • Patrick M. Groom PMG/js O. s SS YOB 133H5 L3AO3 ass r na11Y1bltOLLJE tit 3N = d ���.."..,",. ,. ,... 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