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Utz , �' LAND USE APPLICATION
SUMMARY SHEET
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Planner: Kim Ogle Hearing Date: October 7, 2014
Case Number: USR14-0048
Applicant: Russell Gurtler Jr., Family Trust
c/o Kerr-McGee Oil and Gas Onshore, LP, c/o Kim Cooke and Joe Aucoin
Address: 1099 18`h Street, Suite 1800, Denver, Colorado 80202
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service, including, Oil and gas
processing facilities and related equipment, Centralized Oil Stabilization Facility;
Transloading; any use permitted as a use by right, an accessory use, or a use by
special review in the commercial or industrial zone districts, provided that the property
is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions and more than two
cargo (conex) containers in the A(Agricultural)Zone District.
Legal Lot B of RECX14-0092 being part of the N2SE4 of Section 24, T3N, R65W of the 6th
Description: P.M., Weld County, CO
Location: Approximately 1320 feet North of County Road 30, west of and adjacent to County
Road 49
Size of Parcel: 69.24 +/- acres Parcel No. 1213-24-4-00-006
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
y Weld County Department of Public Health and Environment, referral dated September 4, 2014
y Weld County Planning Services— Engineer, referral dated September 8, 2014
• Weld County Department of Public Works-Access, referral dated September 10, 2014
• Colorado Interstate Gas Company, referral dated September 12, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y Weld County Zoning Compliance, referral dated August 11, 2014
• Tri-State Generation and Transmission, referral dated August 12, 2014
• Weld County Sherriff's Office, referral dated August 19, 2014
➢ Weld County School District RE-1, referral dated August 20, 2014
• Colorado Division of Parks and Wildlife, referral dated September 2, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
➢ United Power
USR14-0048, Kerr-McGee-- Centralized Oil Stabilization Facility, Page 1 of 12
➢ Noble Energy, Inc.
➢ DCP Midstream, LP
➢ LaSalle Fire Protection District
Weld County Department of Building Inspection
Weld County Office of Emergency Management
• Colorado Department of Labor and Employment
• Colorado Oil and Gas Conservation Commission
• Colorado Department of Public Health and Environment
USR14-0048, Kerr-McGee-- Centralized Oil Stabilization Facility, Page 2 of 12
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
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Planner: Kim Ogle Hearing Date: October 7, 2014
Case Number: USR14-0048
Applicant: Russell Gurtler Jr., Family Trust
c/o Kerr-McGee Oil and Gas Onshore, LP, c/o Kim Cooke and Joe Aucoin
Address: 1099 18'" Street, Suite 1800, Denver, Colorado 80202
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service, including, Oil and gas
processing facilities and related equipment, Centralized Oil Stabilization Facility;
Transloading; any use permitted as a use by right, an accessory use, or a use by
special review in the commercial or industrial zone districts, provided that the property
is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions and more than two
cargo (conex) containers in the A(Agricultural)Zone District.
Legal Lot B of RECX14-0092 being part of the N2SE4 of Section 24, T3N, R65W of the 6th
Description: P.M., Weld County, CO
Location: Approximately 1320 feet North of County Road 30, west of and adjacent to County
Road 49
Size of Parcel: 69.24 +/- acres Parcel No. 1213-24-4-00-006
Case Summary:
This USR application is referred to as the Central Oil Stabilization Facility (COSF) and is from Kerr-
McGee Oil and Gas Onshore, LP, a wholly owned subsidiary of the Anadarko Petroleum Corporation.
Anadarko/Kerr-McGee (KMG) operate over 5,000 oil and gas wells in the Denver-Julesburg (DJ) Basin
with the vast majority being located in Weld County, Colorado. KMG is continually looking ways to
eliminate emissions and the footprint size associated with their oil and gas operations. The COSF will
eliminate the need for atmospheric oil tanks at a tank battery thus eliminating the amount of VOC's
released.
The scope of COSF process is to separate the very light hydrocarbon gases from the heavier
hydrocarbon components. Since most hydrocarbons are more valuable as a liquid, the goal of
stabilization is to maximize the absolute volume of liquid that can be stored and transported under the
sales specification.
This application addresses the development of the COSF for the demands that are associated with the
increase in oil and gas production in the Wattenberg field.
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.
USR14-0048, Kerr-McGee-- Centralized Oil Stabilization Facility, Page 3 of 12
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 22-2-80 D. (.Goal 4. of the Weld County Code states: "All new industrial
development should pay its own way." The applicant, Kerr-McGee Oil and Gas Onshore,
LP, will be paying for all on-site improvements associated with this use as required
through the improvements agreement." Further, (.Policy 5.1. Industrial uses should be
evaluated using criteria, including but not limited to the effect the industry would have on
air and water quality, natural drainage ways, soil properties and natural patterns and
suitability of the land; (.Policy 5.2. Development improvements should minimize
permanent visual scarring from grading, road cuts and other site disturbances. Require
stabilization and landscaping of final land forms, and that runoff be controlled at historic
levels." and
Section 22-2-80.E. (.Goal 5. of the Weld County Code states: "New industrial uses or
expansion of existing industrial uses should meet existing federal, state and local policies
and legislation."
The request for a Site Specific Development Plan and a Special Review Permit for
Mineral Resource Development Facilities, Oil and Gas Support and Service, including,
Oil and gas processing facilities and related equipment, Centralized Oil Stabilization
Facility; Transloading; any use permitted as a use by right, an accessory use, or a use by
special review in the commercial or industrial zone districts, provided that the property is
not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed
prior to adoption of any regulations controlling subdivisions and more than two cargo
(conex) containers in the A(Agricultural)Zone District.
The Kerr-McGee /Anadarko Petroleum Corporation infrastructure improvements are part
of a storage, pipeline and gas processing network necessitated by the need to move
larger volumes of gas due to the recent increases in drilling activity and projected
additional production increases. Attached Development Standards and Conditions of
Approval (The requirement that the applicant submit a Lighting Plan) will address and
mitigate impacts on the surrounding area.
The applicant will also be required to submit an approved Drainage Report and
supporting construction drawings to address stormwater and drainage issues associated
with the development of this site. Further, the applicant will be required to obtain a
grading permit if more than one (1) acre is disturbed prior to construction which will
include at a minimum an erosion and sediment control plan, a grading plan, installation
details of all BMPs to be utilized, typical installation and maintenance notes for all BMPs
to be utilized, and a copy of the approved CDPHE stormwater permit. The proposed
application will be required to meet all applicable federal, state and local requirements.
The proposed facility expands on the existing pipeline and associated infrastructure in
this area of the County in an effort to move a commodity efficiently and effectively to
market while reducing the Volatile Organic Compound footprint in the DJ Basin.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District.
Citing the following Code Sections, Section 23-3-40.A.1 of the Weld County Code
provides for an Oil and Gas Support and Service facility, including the twin tank farm;
Section 23-3-40.A.2 provides for the gas processing component; Section 23-3-40.A.7
provides for the transload component that is part of the facility; Section 23-3-40.S
provides for any use permitted as a Use by Right, an accessory use, or a Use by Special
USR14-0048, Kerr-McGee-- Centralized Oil Stabilization Facility, Page 4 of 12
Review in the commercial or industrial zone districts, provided that the property is not a
Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions and Section 23-3-40.BB addresses
more than the number of cargo containers allowed as a use by right per legal lot or parcel
in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The property slopes slightly to the south and historically was utilized as dryland
agriculture. Multiple gas pipelines bisect the property and there are six Noble energy
wells that impact the use of the property to varying degrees. In the immediate area,
there is no residential development, although there are residences to the north, south and
west, with the nearest residence being approximately 500 feet north of the north property
line. There is industrial type development immediately adjacent to this proposed
facility, including White Cliffs/ Rose Rock Oil Polishing Plant and associated tank farm
upload facility and to several high pressure pipelines permitted through Weld County and
permitted by other agencies. There are thirteen (13) property owners and 16 parcels
within five hundred feet of this proposed facility, and to date there have been no
telephone call or correspondence received from surrounding property owners or
interested persons concerning this land use application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is not located within a three (3) mile referral area of any municipality, nor is it
located within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The property is not within the Airport, Special Flood Hazard Area or
Geologic Hazard Overlay districts. .
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on "Prime if they become irrigated" and "Other" Lands per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There is
no irrigation water associated with the property and in recent years has been utilized as
dryland without site improvements. The property is further encumbered by six well heads
and associated surface piping, thereby making agricultural practices difficult.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
USR14-0048, Kerr-McGee-- Centralized Oil Stabilization Facility, Page 5 of 12
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The applicant shall address the (concerns) of the Colorado Interstate Gas Company, LLC,
as stated in their referral dated September 12, 2014. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services. (Department of Planning
Services)
B. The applicant shall submit a Screening/ Landscape Plan to the Department of Planning
Services for review and approval. All areas utilized for storage shall be screened from
adjacent properties and public rights of way. (Department of Planning Services)
C. 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)
D. An Improvements Agreement and road maintenance agreement is required for this site.
Road maintenance including dust control, damage repair, and triggers for improvements
will be included. (Department of Public Works)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0048 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-26O.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-35O.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 Screening/ Landscape Plan. (Department of Planning Services)
6. The approved Lighting Plan. (Department of Planning Services)
7. The approved Signage Plan. (Department of Planning Services)
8. County Road 30 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat
as future County Road 30 right-of-way. All setbacks shall be measured from the edge
of future right-of-way. 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. If
the right-of-way cannot be verified, it shall be dedicated. This road is maintained by
Weld County. (Department of Planning Services- Engineer)
USR14-0048, Kerr-McGee-- Centralized Oil Stabilization Facility, Page 6 of 12
9. County Road 49 is designated on the Weld County Road Classification Plan as a
arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat
as future County Road 49 right-of-way. All setbacks shall be measured from the edge
of future right-of-way. 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. If
the right-of-way cannot be verified, it shall be dedicated. This road is maintained by
Weld County. (Department of Planning Services- Engineer)
10. Show the approved access on the map and label with the approved access permit
number AP14-00390. (Department of Public Works-Access)
11. The applicant shall delineate the standard tracking control on the map. (Department
of Planning Services- Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the USR map the applicant shall submit a
Mylar map along with all other documentation required as Conditions of Approval. The Mylar map
shall be recorded in the office of the Weld County Clerk and Recorder by the Department of
Planning Services. The USR map shall be prepared in accordance with the requirements of
Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall
be submitted within one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsaco.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. Right of way permit is required for any work within the public right of way. (Department of
Planning Services— Engineer)
C. Special transport permit is required for any over size or over weight vehicles. (Department of
Planning Services— Engineer)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
USR14-0048, Kerr-McGee-- Centralized Oil Stabilization Facility, Page 7 of 12
7. 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. Within 6 months of commencement of operations:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. (Weld County Department of Public Health & Environment)
9. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR14-0048, Kerr-McGee-- Centralized Oil Stabilization Facility, Page 8 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr-McGee Oil anf Gas OnShore, LP
Centralized Oil Stabilization Facility
USR14-0048
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service, including, Oil and gas processing
facilities and related equipment, Centralized Oil Stabilization Facility; Transloading; any use
permitted as a use by right, an accessory use, or a use by special review in the commercial or
industrial zone districts, provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions and more than two cargo (conex) containers 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 number of on-site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code,
pertaining to On-site Wastewater Treatment Systems (O.W.T.S.) Regulations. (Department of
Planning Services)
4. The hours of operation are twenty-four (24) hours a day, 7 days a week, 365 days a year, as
stated by the applicant(s). (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
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)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved dust abatement plan, at all times. (Department of
Public Health and Environment)
9. The applicant shall obtain an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit from
the Air Pollution Control Division, Colorado Department of Health and Environment, as applicable.
(Department of Public Health and Environment)
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (Department of Public Health and Environment)
11. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to On-site
Wastewater Treatment Systems. (Department of Public Health and Environment)
USR14-0048, Kerr-McGee-- Centralized Oil Stabilization Facility, Page 9 of 12
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations. (Department of Public Health
and Environment)
14. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
15. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified
Zone as delineated in Section 14-9-30 of the Weld County Code, or with all applicable State noise
statutes and/or regulations. (Department of Public Health and Environment)
16. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control
Division, as applicable. (Department of Public Health and Environment)
17. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage
retention berm shall be constructed around the aboveground storage tanks. The volume retained
by the spillage berm should be greater than the volume of the largest tank inside the berm and
sufficient freeboard to contain precipitation. Alternative protective measures may be allowed
provided they comply with the Colorado Oil and Gas Conservation Commission regulations.
(Department of Public Health and Environment)
18. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
19. 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)
20. The screening/landscape/signage/lighting on the site shall be maintained in accordance with the
approved Screening/Landscape/Signage/Lighting Plans. (Department of Planning Services)
21. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning
Services— Engineer)
22. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services— Engineer)
23. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services— Engineer)
24. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized. (Department of Planning Services— Engineer)
25. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International
Energy Code, and 2011 National Electrical Code. A Building Permit Application must be
USR14-0048, Kerr-McGee-- Centralized Oil Stabilization Facility, Page 10 of 12
completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado
registered architect or engineer must be submitted for review. A Geotechnical Engineering Report
performed by a Colorado registered engineer shall be required or an Open Hole Inspection.
(Department of Building Inspection)
26. The property owner or operator shall provide written evidence of an approved Emergency Action
and Safety Plan on or before March 15`" of any given year signed by representatives for the Fire
District and the Weld County Office of Emergency Management to the Department of Planning
Services. (Department of Planning Services)
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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 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
USR14-0048, Kerr-McGee-- Centralized Oil Stabilization Facility, Page 11 of 12
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.
USR14-0048, Kerr-McGee-- Centralized Oil Stabilization Facility, Page 12 of 12
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970)304-6498
r �
September 09, 2014
COOKE KIM
1099 18TH STE
DENVER, CO 80202
Subject: USR14-0048 - A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND GAS SUPPORT AND SERVICE,
INCLUDING, BUT NOT LIMITED TO A CENTRAL OIL STABILIZATION FACILITY; A UNITED POWER
SUBSTATION AND THE TRANSLOADING OF A COMMODITY FROM ONE MODE OF
TRANSPORTATION TO ANOTHER INCLUDING TRUCK AND PIPELINE WITHOUT LIMITATION FOR
OIL AND GAS INDUSTRIES, INCLUDING PETROLEUM PRODUCTS AND STORAGE RELATED TO
SAME AND RELATED EQUIPMENT; TEMPORARY STAGING AREA AND LAY DOWN YARD FOR
CONSTRUCTION MATERIALS, CONSTRUCTION OFFICE TRAILERS, AND CONSTRUCTION
PARKING AND MORE THAN ONE CARGO (CONEX) CONTAINER IN THE A (AGRICULTURAL)
ZONE DISTRICT.
On parcel(s)of land described as:
LOT B OF RECX14-0092 BEING PART OF THE N2SE4 SECTION 24, T3N, R65W of the 6th P.M.,
Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 7, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 22, 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.weldcountyplanningcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signal by Kristine Ran gem
F2ason:lam the author of this document
Date:2014.09.0911:44:33-06'00'
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
"•••• Liia fi 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
i !. PHONE: (970)353-6100, Ext. 3549
S' ? FAX: (970)304-6498
August 11, 2014
COOKE KIM
1099 18TH STE
DENVER, CO 80202
Subject: USR14-0048 - A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND GAS SUPPORT AND SERVICE,
INCLUDING, BUT NOT LIMITED TO A CENTRAL OIL STABILIZATION FACILITY; A UNITED POWER
SUBSTATION AND MORE THAN ONE CARGO (CONEX) CONTAINER IN THE A (AGRICULTURAL)
ZONE DISTRICT
On parcel(s)of land described as:
LOT B OF RECX14-0092 BEING PART OF THE N2SE4SECTION 24, T3N, R65W of the 6th P.M.,
Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
".�•,y,•,�1'J�J, Feason:lam the author of this document
Date:2014.08.11 15:30:01-06'00'
Kim Ogle
Planner
FIELD CHECK Inspection Date: September 25, 2014
Applicant: Russell Gurtler Jr., Family Trust
c/o Kerr-McGee Oil and Gas Onshore, LP, Go Kim Cooke and Joe Aucoin
Address: 1099 18th Street, Suite 1800, Denver, Colorado 80202
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service, including, Oil and gas
processing facilities and related equipment, Centralized Oil Stabilization Facility;
Transloading; any use permitted as a use by right, an accessory use, or a use by
special review in the commercial or industrial zone districts, provided that the property
is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions and more than two
cargo (conex) containers in the A(Agricultural)Zone District.
Legal Lot B of RECX14-0092 being part of the N2SE4 of Section 24, T3N, R65W of the 6th
Description: P.M., Weld County, CO
Location: Approximately 1320 feet North of County Road 30, west of and adjacent to County
Road 49
Size of Parcel: 69.24 +/- acres Parcel No. 1213-24-4-00-006
Zoning Land Use
N AGRICULTURE N PRODUCTION AGRICULTURE
E AGRICULTURE E DRYLAND AGRICULTURE
S AGRICULTURE S WHITE CLIFFS POLISHING PLANT
W AGRICULTURE W DRYLAND AGRICULTURE
Comments:
The property slopes slightly to the south and historically was utilized as dryland agriculture. Multiple gas
pipelines bisect the property and there are six Noble energy wells that impact the use of the property to
varying degrees. In the immediate area, there is no residential development, although there are
residences to the north, south and west, with the nearest residence being approximately 500 feet north of
the north property line. There is industrial type development immediately adjacent to this proposed
facility, including White Cliffs/ Rose Rock Oil Polishing Plant and associated tank farm upload facility and
to several high pressure pipelines permitted through Weld County and permitted by other agencies
Access to the site is via an easement from CR 30. The road is wide, graveled and well drained. This
rod services the well heads and tank batteries in the immediate area, Good visibility for access and the
sit coryfiguration appears to indicate it will be a secure facility.
S gna�)e
❑ Access to Property ❑ Site Distance ❑ Oil &Gas Structures
Note any commercial business/commercial vehicles that are operating from the site.
From: Aucoin Jo@
To: Michelle Martin;Winter Bn
Cc: toarco(AAweldaov.com; Mendoza-Cooke, Kimberly; Elizabeth Relford;Wilson, Norman [Trinity Consultantsl;
Wayne Howard
Subject: RE:Central Oil Stabilization Facility-Earth berms material from CR 49&22 construction
Date: Thursday,September 25,2014 11:49:37 AM
Michelle,
"Thank you for the clarification.
We will have a PE stamped grading plan and will get the associated permit for the entire site. All drawings and
plans will be submitted for the site construction permit from Weld County.
Best Regards,
Joe Aucoin
Anadarko Petroleum Corporation
PM/Sr. Staff Facilities Engineer
Office 720-929-6745
Fax 720-929-7745
Cell 970-590-0004
Original Message
From: Michelle Martin [mailto:mmartin'wco.wcld.co.us]
Sent: Thursday, September 25,2014 10:16 AM
To: Winter, Bo
Cc: tparco cdweldgov.com; Mendoza-Cooke,Kimberly; Elizabeth Relford;Aucoin,Joe; Wilson,Norman [Trinity
Consultants]; Wayne Howard
Subject: Re: Central Oil Stabilization Facility-Earth berms material from CR 49&22 construction
Hi Bowen,
After review of your request the planning department does not have any concerns at this time. Please note that
because the USR has not gone before Planning Commission and the BOCC this at your own risk. Please contact
Wayne Howard determine if a grading permit will be required. I have copied Wayne on this email so you have his
email address.
If you any questions please don't hesitate to contact me.
Michelle Martin
Planning Manager
Sent from my iPhone
On Sep 22,2014,at 5:17 PM, Winter,Bo<Bo.W interLanadarko.com<mai l to.Bo W inter«canadarko.c nn»wrote:
Tom/Michelle,
I am sending you this e-mail to try and get approval to build the earth berms required at the facility mentioned above
our project at CR 49&30. Anadarko is taking all of the material from the Weld County project at CR 49&22 in
the estimation of 22,000 CY and it would be great if we can place this material into the berms once instead of stock
piling the dirt,then placing it into the berms,or even worse not being able to take the material because we are not
ready for it.
If you could please let us know what is going to be required of Anadarko to do the berms I would appreciate it.
Please let me know if you have any questions.
"Thanks
Bowen Winter
Anadarko Petroleum Corporation
501 N. Division Blvd.
Platteville,CO 80651
P: 970.515.1169
F: 970.330.7998
C: 970.646.1941
Click here for Anadarko's Electronic Mail Disclaimer<Imn://www anadarlm comhiotices'I'aycs/I llcctronic-Mail-
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