HomeMy WebLinkAbout20143416.tiff ti� f
) 111 k LAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: October 21, 2014
Case Number: USR14-0034
Applicant: Diamond Valley Energy Park, LLC 0/O Extraction Oil and Gas, LLC
Address: 1888 Sherman Street, Suite 200, Denver, CO. 80203
Representative: Blaine Thingelstad
Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral
resource development facilities including an Oil and Gas Storage and transloading
facility (oil storage tanks and miscellaneous processing equipment along with a truck
loading platform where oil will be loaded onto trucks for shipping) in the A(Agricultural)
Zone District.
Legal Part of the SW4 of Section 23, T6N, R67W of the 6th P.M., Weld County, CO
Description:
Location: North of and adjacent to Eastman Park Drive (CR 66) and approximately 1 mile east of
State Highway 257
Size of Parcel: +/- 79.69 acres Parcel No. 080723000044
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Works, referral dated August 21, 2014
y Weld County Department of Building Inspection, referral dated June 30, 2014
y Weld County Department of Public Health and Environment, referral dated July 18, 2014
y Town of Windsor, referral dated August 8, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y Weld County Zoning Compliance, referral dated June 19, 2014
y Town of Severance, electronic mail referral dated June 19, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Office of Emergency Management Office
➢ Weld County Sheriff's Office
➢ Colorado Parks and Wildlife
➢ Colorado Department of Transportation
➢ City of Greeley
➢ Windsor-Severance Fire Protection District
➢ Great Western Railroad
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➢ Bill Barrett Corporation
➢ West Greeley Soil Conservation District
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
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Planner: C. Gathman Hearing Date: October 21, 2014
Case Number: USR14-0034
Applicant: Extraction Oil and Gas, LLC
Address: 1888 Sherman Street, Suite 200, Denver, CO. 80203
Representative: Blaine Thingelstad
Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral
resource development facilities including an Oil and Gas Storage and transloading
facility(oil storage tanks and miscellaneous processing equipment along with a truck
loading platform where oil will be loaded onto trucks for shipping) in the A(Agricultural)
Zone District.
Legal Part of the SW4 of Section 23, T6N, R67W of the 6th P.M., Weld County, CO
Description:
Location: North of and adjacent to Eastman Park Drive (CR 66) and approximately 1 mile east of
State Highway 257.
Size of Parcel: +/- 79.69 acres Parcel No. 080723000044
Case Summary: The proposed oil storage facility and transloading facility will be located on
approximately 7 acres of the 79.69 acre site. The application indicates that this site will be the terminus of
a gathering pipeline and will provide storage for up to 16,000 barrels of unprocessed crude oil. Tanks
(estimated to be 30-feet in height) along with miscellaneous processing equipment will be located on the
site. Additionally, a truck loading platform is proposed. The application indicates up to 20 trucks over a 24
hour period will access the site to load crude oil for transport offsite.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 I. A. Goal 9 states "Reduce potential conflicts between varying land uses
in the conversion of traditional agricultural lands to other land uses."
A maximum noise limit is attached as a development standard and the Department of
Planning Services is requiring a lighting plan to mitigate impacts of the facility and to
ensure compatibility with existing surrounding land uses.
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Section 22-5-100 A. OG.Goal 1. States "Promote the reasonable and orderly exploration
and development of oil and gas mineral resources."
A maximum noise limit is attached as a development standard and the Department of
Planning Services is requiring a Lighting Plan to mitigate impacts of the facility and to
ensure compatibility with existing surrounding land uses.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40 A.1 and A.7 of the Weld County Code allows
for Oil and Gas Storage Facilities and transloading (Crude Oil Tank farm and crude oil
truck unloading facility) as a Use by Special Review in the A(Agricultural) Zone District
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. This site is located to the north of the former Kodak site
to the south and west of and adjacent to existing industrial business located in the Town
of Windsor. The Great Western railroad and Agricultural land are located to the north of
the site. The nearest single family residence is located approximately 1/4 mile to the west
of the site.
A maximum noise limit is attached as a development standard and the Department of
Planning Services is requiring a Lighting Plan to mitigate impacts of the facility and to
ensure compatibility with existing surrounding land uses.
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 the three (3) mile referral areas of the Town of Windsor, City of
Greeley and Town of Severance. The property is bordered on two sides by the Town of
Windsor and the Town of Windsor has also annexed Eastman Park Drive (County Road
66). The Town of Windsor in their referral comments, dated August 8, 2014 is
recommending that the applicant execute a pre-annexation agreement prior to
developing the site. No referral responses were received from the City of Greeley and
Town of Severance.
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 in the John Law floodplain covers nearly
the entire site. Most of the site is designated 100 Year Floodplain and there is a small
section designated 500 Year Floodplain. This floodplain is zoned AE. A Flood Hazard
Development Permit application is required to be submitted as a condition of approval for
this case.
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.
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The proposed facility is located on approximately 80 acres delineated as "Prime" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The site will
encumber approximately 7 acres of an approximately 80 acre parcel. A portion of the
remainder of the site is already covered by an existing oil and gas production facility.
G. Section 23-2-220.A.7 — There are 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.
The Department of Planning Services has attached conditions of approval requiring a
Lighting Plan to address impacts on adjacent properties and roads to ensure adequate
protection of health, safety and welfare.
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 plat:
A. The applicant shall attempt to address the requirements of the Town of Windsor as stated
in their referral dated August 8, 2014. Written evidence of such shall be provided to the
Department of Planning Services. (Town of Windsor)
B. The applicant shall address the drainage requirements from Engineering Development
Review as defined in correspondence between applicant's engineer and Planning Dept.
dated 10/10/14.
C. In the event the applicant intends to utilize the existing septic system at the home, for
business use, 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 for business use. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning Services. (Department
of Public Health and Environment)
D. The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that the well is appropriately permitted for the commercial use.
(Department of Public Health and Environment)
E. The applicant shall submit documentation that floor drain wastes from any vehicle
maintenance facility is captured in a watertight vault and hauled off for proper disposal, or is
approved by the sewer district to discharge to the municipal sewer. (Department of Public
Health and Environment)
F. The applicant shall ensure that any equipment or vehicle washing area(s) shall capture all
effluent and prevent discharges from the washing of vehicles in accordance with the Rules
and Regulations of the Water Quality Control Commission, and the Environmental
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Protection Agency. Equipment and vehicle washing areas should be designated on the
plat. (Department of Public Health and Environment)
G. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The
plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number).
4) Solids and sediment will accumulate in the storage tanks. The waste handling plan
shall include a detailed plan that describes the method of how those solids will be
removed, including all on-site handling procedures.
5) The waste handling plan shall provide a commitment to notify the Weld County
Department of Public Health and Environment in writing, in the event the plan is
amended. The plan shall be reviewed and approved by the Weld County
Department of Public Health and Environment. (Department of Public Health and
Environment)
H. The applicant shall submit a Lighting Plan to the Department of Planning Services, for
review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F.
which states, in part, that, "any lighting shall be designed, located, and operated in such a
manner as to meet the following standards: sources of light shall be shielded so that beams
or rays of light will not shine directly onto adjacent properties." (Department of Planning
Services)
I. The applicant shall submit a Signage Plan to the Department of Planning Services, for
review and approval, if signage is desired. Signs shall be in compliance with Chapter 23,
Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
J. County Road 66 has been annexed by the Town of Windsor. Access and right-of-way
requirements will be determined by the Town. (Department of Public Works)
K. The applicant shall submit a Floodplain Development Permit (FHDP) for all development
activities located within the special flood hazard area. The FEMA definition of development
is any man-made change to improved or unimproved real estate, including by not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of equipment and materials. (Department of Planning Services)
L. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0034 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
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4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. 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. (Department of Planning Services)
5. The approved Lighting Plan. (Department of Planning Services)
6. The approved Signage Plan. (Department of Planning Services)
7. Eastman Park Drive (County Road 66) is located within the incorporated limits of the
Town of Windsor. Eastman Park Drive is designated by the Town of Windsor as a
Rural Minor Arterial which required 130-feet of road right-of-way. A total of 65-feet
from the edge of Eastman Park Drive shall be indicated as edge of future right-of-way
on the USR plan. The applicant shall verify and delineate on the plat the existing
right-of-way and the documents creating the right-of-way. All setbacks shall be
measured from the edge of future right-of-way. (Town of Windsor)
8. Show and label the floodplain and floodway (if applicable) boundaries on the plat.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study. (Department of Planning Services)
9. Label the approved Town of Windsor access onto the plat with the approved permit
number. (Department of Planning Services-Engineer)
10. The Water Quality Feature should be labeled (No Build/No Storage)and label volume
required. (Department of Planning Services-Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copies 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
sent to maps@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 prior to
the start of construction. (Department of Planning Services-Engineer)
B. A special transport permit is required for any over size or over weight vehicles utilizing county
maintained roads. (Department of Public Works)
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6. Prior to Release of Building Permits:
A. A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for
review and comments and submitted with Commercial Permit application to Weld County.
(Department of Building Inspection)
B. Detailed Plans for a concrete unloading pad shall be submitted for approval. A leak detection
system shall be designed and installed beneath the concrete unloading pad(s) and sump(s).
Plans shall be submitted to and approved by Weld County Department of Public Health and
Environment. (Department of Public Health and Environment)
C. Detailed plans for the concrete secondary containment structure for all storage and
processing tanks shall be submitted for approval. In accordance with Colorado Oil and Gas
Conservation Commission Rule 604, the volume retained by secondary containment should
be greater than the volume of the largest tank inside the berm and sufficient freeboard to
contain precipitation. (Department of Public Health and Environment)
7. One Month Prior to Operation:
A. A Professional Engineer(PE) certified and signed copy of the Spill Prevention, Control and
Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part
112 shall be provided to Environmental Health Services Division of the Weld County
Department of Public Health and Environment. (Department of Public Health and
Environment)
B. The applicant shall submit documentation to the Weld County Department of Public Health
and Environment that the facility was constructed in accordance with the application
materials. (Department of Public Health and Environment)
8. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Department of Planning Services-Engineer)
B. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
9. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according
to the Weld County Individual Sewage Disposal Regulations. (Department of Building
Inspection)
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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Extraction Oil and Gas LLC
USR14-0034
1. A Site Specific Development Plan and Use by Special Review Permit for Mineral resource
development facilities including an Oil and Gas Storage and transloading facility (oil storage tanks
and miscellaneous processing equipment along with a truck loading platform where oil will be loaded
onto trucks for shipping) in the A (Agricultural) Zone District, 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, 7 days a week, as stated by the applicant(s). (Department
of Planning Services)
4. The signage on the site shall be maintained in accordance with the approved Signage Plan.
(Department of Planning Services)
5. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
(Department of Planning Services)
6. The screening on the site shall be maintained in accordance with the approved
landscaping/screening Plan. (Department of Planning Services)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, Section 30-20-100.5, C.R.S, as amended. (Department of Public Health and
Environment)
9. 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 the approved "Waste Handling Plan", at all times. (Department of
Public Health and Environment)
10. The applicant shall comply with all provisions of the State Aboveground Storage Tank Regulations.
(Department of Public Health and Environment)
11. 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. (Department of Public Health and Environment)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
operate in accordance with the approved "dust abatement plan", at all times. (Department of Public
Health and Environment)
13. 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)
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14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
15. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations. (Department of Public Health and Environment)
16. A current Professional Engineer(PE) certified and signed copy Spill Prevention, Control and
Countermeasure Plan shall be available on site, at all times. (Department of Public Health and
Environment)
17. 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)
18. 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)
19. The signage/lighting on the site shall be maintained in accordance with the approved
Signage/Lighting Plans. (Department of Planning Services)
20. 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 Section 15-1-180 of the Weld County Code. (Department of Public Works)
21. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services-Engineer)
22. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
23. The right-of-way or easement shall be graded and drained to provide an all-weather access.
(Department of Public Works)
24. All construction or improvements occurring in the floodplain or floodway as delineated on Federal
Emergency Management Agency (FEMA) FIRM Community Panel Map # 080266-0605D, dated
September 27, 1991, and is part of the John Law Ditch Physical Map Revision (PMR) (2009). The
property owner shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains
in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65.
(Department of Planning Services)
25. Floodplain development permits will be required for development activities located within the special
flood hazard area. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including by not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services)
26. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services)
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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 Building Code; 2012 International
Mechanical Code; 2012 International Plumbing Code:; 2012 International Fuel Gas Code; 2006
International Energy Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code. (Department of Building Inspection)
28. A building and electrical permit may be required, per Section 29-3-10 of the Weld County Code, for
any new structures ,additions or renovation to any structures. A building permit application must be
completed and two complete sets of engineered plans. A Code Analysis prepared by a design
professional, licensed bin the State of Colorado shall be submitted with permit application. MSDS
sheets for all materials stored shall be submitted with building permit applications. (Department of
Building Inspection)
29. RESOLUTION #35 Factory Built Nonresidential Structured CRS 24-32-3305 Every Factory-Built
Nonresidential Structure manufactured after the effective date of these regulations that is
manufactured, sold, or offered for sale in this state must display an insignia issued by the Division of
Housing certifying that the unit is constructed in compliance with the standards adopted in schedule
"B"which is incorporated herein and made a part of these Rules and Regulations by reference, and
all other requirements set forth by this resolution. (Department of Building Inspection)
30. The Emergency Action and Safety Plan shall be reviewed on an annual basis by the Facility operator,
the Fire District and the Weld County Office of Emergency Management. (Department of Planning
Services)
31. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
34. 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.
35. 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
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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.
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lt TETRA TECH
October 27, 2014
Chris Gatham, Planner III
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
RE: Diamond Valley Oil Terminal USR14-0034— Response to Staff Comments
Dear Mr. Gathman:
Below are the responses to the staff comments for the Diamond Valley Oil Terminal USR14-0034. An
updated Waste Management Plan is also included for review. We are currently still addressing a few
comments, which are noted in italics. We will provide responses to these comments at a later
date. Please feel free to contact Blane Thingelstad, BThingelstad@ExtractionOG.com, or me if you
have any questions.
1. Prior to recording the plat:
A. The applicant shall attempt to address the requirements of the Town of Windsor as
stated in their referral dated August 8, 2014. Written evidence of such shall be provided
to the Department of Planning Services. (Town of Windsor)
Recommendation satisfied 10/21/14. Staff obtained a copy of the signed Town of
Windsor Pre-annexation agreement. Extraction submitted a signed copy of the
agreement to the Town on 10/17/14.
B. The applicant shall address the drainage requirements from Engineering Development
Review as defined in correspondence between applicant's engineer and Planning Dept.
dated 10/10/14.
Currently addressing
C. In the event the applicant intends to utilize the existing septic system at the home, for
business use, 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 for business
use. Evidence of such shall be submitted, in writing, to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
Tetra Tech
1576 Sherman Street, Suite 100, Denver, CO 80203
Tel 303-825-5999, 1-800-473-5999 Fax 303-825-0642 www.tetratech.com
Extraction Oil & Gas, LLC
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TETRA TECH October 27, 2014
Page 2
A technical review of the septic system is no longer necessary since the existing
septic system will not be used as part of the proposed operations of the
facility. The existing home will be demolished and the existing septic system will
not be used. A portable office unit with the appropriate facilities will be used at
the site and a third party contractor will be responsible for disposing the
waste. The septic system will remain in place for potential future use. If the
system is used in the future, a technical review of the system will be performed
and submitted to Environmental Health Services.
D. The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that the well is appropriately permitted for the commercial
use. (Department of Public Health and Environment)
Extraction is currently determining if the existing irrigation well will be suitable for
commercial uses. If the well is deemed suitable for commercial uses, Extraction
shall contact the County and submit written evidence from the Colorado Division
of Water Resources demonstrating that the well is going through the commercial
use permitting process. Please include the following as a condition that must be
met prior to the release of the building permit.
E. The applicant shall submit documentation that floor drain wastes from any vehicle
maintenance facility is captured in a watertight vault and hauled off for proper disposal,
or is approved by the sewer district to discharge to the municipal sewer. (Department of
Public Health and Environment)
The proposed facility will not have a vehicle maintenance facility; therefore, the
following referral is not applicable and we request the following condition to be
removed.
F. The applicant shall ensure that any equipment or vehicle washing area(s) shall capture
all effluent and prevent discharges from the washing of vehicles in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. Equipment and vehicle washing areas should be designated on the
plat. (Department of Public Health and Environment)
There are no designated vehicle or equipment washing areas associated with the
proposed work. Vehicles will not be permitted to be washed on site and will be
taken to an approved commercial car washing facilities. If equipment has to be
washed on-site, washing activities will be contained (e.g. flow to lined pit or
approved concrete washout area or within enclosed equipment) and wash off will
be prevented from off-site runoff or discharge to groundwater. Procedures are
included in the Waste Management Plan.
Extraction Oil & Gas, LLC
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G. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health &
Environment. The plan shall include at a minimum, the following:
A Waste Handling Plan with the following items is included.
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
Included in the Waste Handling Plan on page 2.
2) A list of the type and volume of chemicals expected to be stored on site.
Included in the Waste Handling Plan on page 1.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
Included in the Waste Handling Plan on page 3.
4) Solids and sediment will accumulate in the storage tanks. The waste handling
plan shall include a detailed plan that describes the method of how those solids
will be removed, including all on-site handling procedures.
Included in the Waste Handling Plan on page 2 and 4.
5) The waste handling plan shall provide a commitment to notify the Weld County
Department of Public Health and Environment in writing, in the event the plan is
amended. The plan shall be reviewed and approved by the Weld County
Department of Public Health and Environment. (Department of Public Health and
Environment)
Included in the Waste Handling Plan on page 1.
H. The applicant shall submit a Lighting Plan to the Department of Planning Services, for
review and approval. Any lighting poles and lamps shall comply with Section 23-3-
360.F. which states, in part, that, "any lighting shall be designed, located, and operated
in such a manner as to meet the following standards: sources of light shall be shielded
so that beams or rays of light will not shine directly onto adjacent
properties." (Department of Planning Services)
Currently addressing
I. The applicant shall submit a Signage Plan to the Department of Planning Services, for
review and approval, if signage is desired. Signs shall be in compliance with Chapter
Extraction Oil & Gas, LLC
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23, Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
Currently addressing
J. County Road 66 has been annexed by the Town of Windsor. Access and right-of-way
requirements will be determined by the Town. (Department of Public Works)
Extraction is submitting an access permit to the Town of Windsor. Please include
the following as a condition that must be met prior to the release of the building
permit.
K. The applicant shall submit a Floodplain Development Permit (FHDP) for all development
activities located within the special flood hazard area. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including
by not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials. (Department of
Planning Services)
Currently addressing
L. The plat shall be amended to delineate the following:
Currently addressing
1) All sheets of the plat shall be labeled USR14-0034 (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of
the Weld County Code addresses 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. (Department of
Planning Services)
5) The approved Lighting Plan. (Department of Planning Services)
6) The approved Signage Plan. (Department of Planning Services)
7) Eastman Park Drive (County Road 66) is located within the incorporated limits of
the Town of Windsor. Eastman Park Drive is designated by the Town of Windsor
as a Rural Minor Arterial which required 130-feet of road right-of-way. A total of
65-feet from the edge of Eastman Park Drive shall be indicated as edge of future
right-of-way on the USR plan. The applicant shall verify and delineate on the plat
the existing right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of future right-of-way. (Town of
Windsor)
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8) Show and label the floodplain and floodway (if applicable) boundaries on the
plat. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map
Panel Number or appropriate study. (Department of Planning Services)
9) Label the approved Town of Windsor access onto the plat with the approved
permit number. (Department of Planning Services-Engineer)
10) The Water Quality Feature should be labeled (No Build/No Storage) and label
volume required. (Department of Planning Services-Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copies 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)
Comment acknowledged
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)
Comment acknowledged
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)
Comment acknowledged
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required
prior to the start of construction. (Department of Planning Services-Engineer)
Comment acknowledged
B. A special transport permit is required for any over size or over weight vehicles utilizing
county maintained roads. (Department of Public Works)
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Comment acknowledged
6. Prior to Release of Building Permits:
A. A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for
review and comments and submitted with Commercial Permit application to Weld
County. (Department of Building Inspection)
Comment acknowledged
B. Detailed Plans for a concrete unloading pad shall be submitted for approval. A leak
detection system shall be designed and installed beneath the concrete unloading pad(s)
and sump(s). Plans shall be submitted to and approved by Weld County Department of
Public Health and Environment. (Department of Public Health and Environment)
Comment acknowledged
C. Detailed plans for the concrete secondary containment structure for all storage and
processing tanks shall be submitted for approval. In accordance with Colorado Oil and
Gas Conservation Commission Rule 604, the volume retained by secondary
containment should be greater than the volume of the largest tank inside the berm and
sufficient freeboard to contain precipitation. (Department of Public Health and
Environment)
Steel rings or earthen berms conforming to State and Federal requirements will be
provided for secondary containment for all storage and processing
tanks. Detailed plans shall be included in the drawings and be submitted to the
County for review and approval.
7. One Month Prior to Operation:
A. A Professional Engineer (PE) certified and signed copy of the Spill Prevention, Control
and Countermeasure Plan, prepared in accordance with the applicable provisions of 40
CFR, Part 112 shall be provided to Environmental Health Services Division of the Weld
County Department of Public Health and Environment. (Department of Public Health and
Environment)
A Draft Spill Prevention, Control and Countermeasure Plan shall be prepared and
submitted to the County one month prior to the operation of the facility. A PE
certified and signed copy of the final Spill Prevention, Control and
Countermeasure Plan shall be at the site once the facility is in operation.
B. The applicant shall submit documentation to the Weld County Department of Public
Health and Environment that the facility was constructed in accordance with the
application materials. (Department of Public Health and Environment)
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As-built drawing will be submitted to the County.
8. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements
are required prior to operation. (Department of Planning Services-Engineer)
Comment acknowledged
B. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual
basis by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning
Services. (Department of Planning Services)
Comment acknowledged
9. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The
septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Building Inspection)
This comment is not applicable. An individual sewage disposal system is not
proposed for this facility. A portable office unit with the appropriate facilities will
be used at the site and a third party contractor will be responsible for disposing
the waste. The existing individual sewage disposal system will remain in place for
potential future use. If the system is used in the future, a technical review of the
system will be performed and submitted to Environmental Health Services for
review and approval.
10. 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)
Comment acknowledged
Extraction Oil & Gas, LLC
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Sincerely,
TETRA TECH
/
. I
Anni-Frid Santos, P.E.
Project Engineer
Enclosures: Waste Management Plan
cc: Blane Thingelstad, Extraction Oil & Gas, LLC
Howard McCarthy, P.E., Tetra Tech
Anne Johnson, AICP, Tetra Tech
John Meyers Jr., P.E., TST Inc. Consulting Engineers
Jesse Warman, P.E., Kahuna Ventures
MEMORANDUM
7'`, '86'
TO: Chris Gathman, Planning Services DATE: 10/15/14
✓/ 1 !! �� �` FROM: Wayne Howard, P.E., Engineering Development Review
a_G o ti T - SUBJECT: USR14-0034, Diamond Valley Energy Park
do Tekton Energy (Tank Farm/Truck Loading)
The Weld County Engineering Development Review has reviewed this proposal. This project
falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article II,
Division 4, Section 23. Staff comments made during this phase of the Use by Special Review
process may not be all inclusive; as other issues may arise during the remaining application
process.
COMMENTS:
PW has previously submitted comments other than drainage. These comments only pertain to drainage.
1. The site plan indicates that the water quality feature (WQF) is also a retention pond but yet it is
stated that it will discharge. This would not be a retention pond and Weld County does not permit
retention ponds unless no other options exist. I think this should be called out as a detention
pond. The Drainage Narrative also references retention.
2. The Detention/WQF pond is substantially oversized for the volume shown in the calculations.
The problem with this is the WQF was calculated based upon a 40 hr drain time and storm water
is not to be held by State Statutes for longer than 72 hrs. They need to verify that the water will
not be detained longer than 72 hrs with this over sizing.
3. I see an existing 12" pipe located NE of the existing house called out that is suppose to remain
and be used as the pond outlet pipe but I cannot verify by the drawings or call outs that the
culvert will actually drain the WQF pond at the desirable rate with supporting elevations. If this is
not the pipe to drain the WQF then what will allow it to drain?
4. The WQF should be labeled (No Build/No Storage) and label volume required.
5. We will need the Drainage Narrative letter that waives them from the full drainage report
requirements signed and stamped by a Colo. P.E.
CONDITIONS OF APPROVAL:
Prior to recording the plat:
A. The applicant shall address the drainage requirements from Engineering Development
Review as defined in correspondence between applicant's engineer and Planning Dept.
dated 10/10/14.
The plat shall be amended to delineate the following:
A. The Water Quality Feature should be labeled (No Build/No Storage)and label volume
required.
C:\Users\tjuanicorena\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5WWVWVPOQ\USR14-0034-
Diamond%20Valley%20Engineering°%20Referral[1].docx
Prior to Construction:
A. None
Prior to Operation:
A. None
C:\Users\tjuanicorena\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.lE5W W VWVPOO\USR14-0034-
Diamond%20Valley%20Engineering°%20Referral[1].docx
AGREEMENT FOR MUNICIPAL SERVICES
AND
AGREEMENT TO ANNEX
THIS AGREEMENT FOR MUNICIPAL SERVICES AND AGREEMENT TO ANNEX
("Agreement") is dated this l7a' day of October, 2014, between the TOWN OF WINDSOR,
COLORADO. a Colorado home rule municipal corporation ("Town") and EXTRACTION OIL
& GAS. LLC, a Colorado limited liability company ("Owner").
RECITALS:
WHEREAS, the Town is a municipal corporation located in Weld and Larimer Counties,
Colorado; and
WHEREAS, the Owner is the owner of record of that certain real property legally described
Assessor's Parcel No. 080723000044, located at the northeast corner of the intersection of
Eastman Park Drive and Diamond Way Drive, also known by street address as 10119 WCR 66,
Windsor, Colorado ("Property"); and
WHEREAS, the Owner desires and intends to locate a facility dedicated to the receipt, storage
and transfer of oilfield products within the Property; and
WHEREAS, the Property is not presently within the Town's corporate limits, but is adjacent to
the Town's corporate limits; and
WHEREAS, the proximity of the Property to the Town's corporate limits enables the Town to
eventually provide the Property with municipal utility services, including but not limited to water
and sanitary sewer service; and
WHEREAS, the Owner is seeking approval through the Weld County Use by Special Review
("USR") process, and the Town is legally authorized to participate in the USR process by
reviewing the Owner's USR application, commenting upon the USR application, and requesting
conditions upon the USR approval; and
WHEREAS, the parties desire to reach agreements with respect to areas of mutual concern,
which agreements will be presented to Weld County as a reflection of the parties' cooperation
with respect to land use concerns associated with the Owner's USR application; and
WHEREAS, by the terms of this Agreement, the parties have set forth the terms under which
they have resolved the areas of mutual concern associated with the Owner's USR application and
the eventual annexation of the Property into the Town.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth herein, the
parties agree as follows:
1. Eastman Park Drive Access Permit. Prior to the construction of or improvements to
any structures within the Property, the Owner will obtain from the Town an Access
Pennit ("Access Permit") for each and every proposed access to or from the Property
onto Eastman Park Drive. The Access Permit will incorporate improvement plans for,
without limitation, westbound acceleration and deceleration lanes, eastbound left turn
lane and traffic control devices.
2. Eastman Park Drive Pavement Damage. The Owner acknowledges that vehicles
exiting the Property to Eastman Park Drive are causing and may continue to cause
damage to the edge of the asphalt roadway surface. The Owner agrees to pay all costs
incurred by the Town necessary to repair the asphalt damage which has taken place.
3. Unapproved Access Decommissioned. Upon approval and completion of
improvements pursuant to the Access Permit, all accesses from Eastman Park Drive to
the Property shall be permanently decommissioned and closed. The only exception to
this requirement will be the access serving the sanitary sewer lift station. Access serving
the sanitary sewer lift station shall be decommissioned and closed following the
abandonment and removal of the lift station.
4. Private Access Road and Diamond Way Right-of-Way Dedication. The east half of
the right-of-way for future Diamond Way shall be dedicated to the Town concurrently
with application for access permit to Eastman Park Drive as referenced in Section 1. The
north terminus of the right-of-way dedication shall match the north terminus of the
existing west half of Diamond Way. Centered within the 80-foot right-of-way, the
Owner shall construct Diamond Way intersection with Eastman Park Drive as an Urban
Major Collector, including curb and gutter returns, in accordance with the town's street
standards. The intersection improvements must extend to a minimum distance of 65 feet
north of the east-west section line in Eastman Park Drive. Starting at the north terminus
of the Diamond Way intersection improvements the Owner may construct a Private
Access Road that shall continue north within the 80-foot right-of-way a minimum
distance of 400 feet where it is intersected at 90 degrees by the Owner's driveway into
the Owner's property.
5. Private Road Interim Maintenance. The parties agree that, until such time as the
Private Access Road is improved to Town of Windsor street standards, the Owner shall
maintain the Private Access Road in a manner which minimizes dust and mud tracking
from the site. Following improvement of the Private Road to Town street standards, it
will be dedicated to the Town of Windsor, and upon acceptance the Town will thereafter
be responsible for maintenance and snow removal of the then-former Private Road
6. Post-Private Access Road. The Owner agrees that, upon and completion of Diamond
Way in accordance with the Town's street standards to or past the Owner's driveway, the
Owner's driveway or driveways to and from Diamond Way shall conform to Town street
standards in effect at that time.
7. Eastman Park Drive Right-of-Way and Sanitary Sewer Temporary Construction
Easement Dedication. The Owner will execute the attached Deed of Dedication of Road
Right-of-Way and Temporary Construction Easement contemporaneously with its
execution of this Agreement.
8. Sanitary Sewer Service to Property. Upon the Owner's compliance with all of the
foregoing terms and conditions of this Agreement, and at such time as the Town's
sanitary sewer facilities are available to serve the Property, the Owner shall connect the
existing farmhouse located within the Property to the Town's sanitary sewer utility. All
costs, including Town fees, associated with connection to the Town's sanitary sewer
utility shall be the sole responsibility of the Owner. Until such time as the Owner
completes connection of all buildings within the Property to the Town's sanitary sewer
utility, the Owner shall have the right to continue to use the leaching field facilities
currently on the Property, subject to the requirements and approval of the Weld County
Department of Public Health and Environment.
9. Site Enhancements. The Owner agrees to submit a landscape plan containing proposed
landscape enhancements adjacent to Eastman Park Drive for review and approval by the
Town. Upon Town approval, the said landscape plan will be implemented in conjunction
with site improvements undertaken by the Owner. The Town will not require
landscaping other than ground cover over any utility easements or rights of way and will
not require landscaping in excess of that required by the then-existing Town of Windsor
Tree and Landscape Standards.
10. Annexation of the Property. In accordance with § 31-12-121, C.R.S., the parties agree
that as a condition of continued municipal utility service to the Property, the Property
shall be annexed to the Town no later than July 1, 2016. The parties agree that this
Agreement shall be deemed an agreement to annex pursuant to the aforesaid statute. In
order to facilitate the annexation of the Property, and pursuant to § 31-12-107, this
Agreement shall be deemed a power of attorney from the Owner to the Town consenting
to and allowing the Town to annex the Property in the event the Owner has not filed a
petition for annexation of the Property by January 1, 2016. In consideration for the
agreements of Owner hereunder, the Town of Windsor acknowledges and agrees that it
will not object to Owner's application for the USR for the Property. In addition, the
Town agrees that in connection with the annexation of the Property, it will zone the
Property Heavy Industrial I-H for use as contemplated herein and in the USR.
11. Enforceability, Venue. In addition to any other remedy at law or in equity, the Town
shall have the right to enforce this Agreement by specific performance. Any legal action
to enforce or interpret this Agreement shall be filed only in the State courts of Colorado,
sitting in Weld County.
12. Entire Agreement. This Agreement constitutes the entire understanding of the parties
with respect to its subject matter, and supersedes all prior understandings, representations
and negotiations. This Agreement may not be amended or modified, except in writing
and signed by each party.
13. Assignment. Neither party may assign this Agreement without the express written
consent of the other, except that the Town hereby consents to Owner assigning this
Agreement to Extraction Oil and Gas ("Extraction") in the event Extraction acquires title
to the Property.
14. Governing Law. This Agreement shall be governed by and construed under the laws of
the State of Colorado.
15. Waiver. A waiver by either party of a breach of any of the provisions of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of the same
or another provision of this Agreement.
16. Binding Effect Upon Recordation. This Agreement shall be deemed to run with the
land and, upon its execution by the parties, shall be binding upon the parties hereto, their
heirs, successors and assigns. Upon execution by the parties, this Agreement shall be
recorded in the books and records of the Weld County Clerk and Recorder.
In witness whereof, the parties hereto have signed this Agreement on the day and year first
appearing above.
TOWN OF WINDSOR, COLORADO EXTKAC ON OIL GAS, LLC
Kelly E. Arnold, Town Manager Matt 0 ens, President
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
C v i FAX: (970)304-6498
r
October 01, 2014
THINGELSTAD BLAINE
1888 SHERMAN STREET, SUITE 200
DENVER, CO 80203
Subject: USR14-0034 -A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Storage and Oil and Gas Support and Service Facility (oil storage tanks and miscellaneous
processing equipment along with a truck loading platform) in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PART SW4 SECTION 23, T6N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 21, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 5, 2014
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.weldcountyplanningoases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine R3ndem
Fuson:I am the author of this document
14✓21 4 Date:2014.10.0114:31:25-06'00'
Chris Gathman
Planner
,t- DEPARTMENT OF PLANNING SERVICES
i ti1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
N ' Y FAX: (970)304-6498
June 19, 2014
GARDNER ROBERT
200 PLAZA DR STE 100
HIGHLANDS RANCH, CO 80129
Subject: USR14-0034 -A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Storage and Oil and Gas Support and Service Facility (oil storage tanks and miscellaneous
processing equipment along with a truck loading platform) in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PT SW4 SECTION 23, T6N, R67W 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:
Windsor at Phone Number 970-674-2400
Greeley at Phone Number 970-350-9741
Severance at Phone Number 970-686-1218
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,
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w � Date:2014.06.1909:03:39-06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 10/10/2014
APPLICANT: Diamond Valley Energy Park, LLC O/O Extraction Oil and Gas, LLC
CASE #: USR14-0034
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral resource
development facilities including an Oil and Gas Storage and transloading facility(oil storage
tanks and miscellaneous processing equipment along with a truck loading platform where oil
will be loaded onto trucks for shipping) in the A(Agricultural)Zone District.
LEGAL: Part of the SW4 of Section 23, T6N, R67W of the 6th P.M., Weld County, CO
LOCATION: North of and adjacent to Eastman Park Drive (CR 66) and approximately 1 mile
east of State Highway 257.
PARCEL ID #s: 080723000044
ACRES: +/- 79.69 Acres
Zoning Land Use
N A N Farmground
E Town of Windsor/AG E Industrial businesses.
S I-1 Industrial S Kodak Facility
W A W Farmground/SF residence approximately 'A mile to
the west.
COMMENTS:
Existing oil and gas production facility on the site immediately to the north of the proposed USR.
Chris Gathman - Planner Ill
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