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Home My WebLink About20140446.tiff It LAND USE APPLICATION SUMMARY SHEET GGv-�T Planner: Diana Aungst Hearing Date: February 4, 2014 Case Number: USR13-0052 Applicant: Anadarko E&P Company, LP do Elizabeth Smith Request: A Site Specific Development Plan and Use by Special Review Permit for a 192 foot tall telecommunications tower in the A(Agricultural)Zone District. Legal Lot A Subdivision Exemption SE-956, being part of W2SW4 Section 3, T1 N, R68W of Description: the 6th p.m., Weld County, Co Location: North of and adjacent to County Road 12; East of and adjacent to County Road 7 Size of Parcel: +/- 75 acres Parcel No. 1467-03-3-00-054 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS 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: • City and County of Broomfield, referral dated December 9, 2013 • Colorado Division of Parks and Wildlife, referral dated December 2, 2013 • Weld County Department of Public Works, referral dated December 9, 2013 Frederick-Firestone Fire Protection District, referral dated November 19, 2013 Weld County Department of Building Inspection, referral dated December 2, 2013 Federal Aviation Administration, referral dated November 15, 2013 and December 5, 2013 ➢ Weld County Department of Public Health and Environment, referral dated December 30, 2013 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ City of Dacono, referral dated November 13, 2013 ➢ Town of Frederick, referral dated November 14, 2013 ➢ School District RE-1J, referral dated November 13, 2013 ➢ Northern Colorado Water Conservancy District, November 13, 2013 ➢ Weld County Zoning Compliance, referral dated November 13, 2013 ➢ Boulder Valley Conservation District, referral dated December 9, 2013 • State of Colorado, Division of Water Resources, referral dated December 11, 2013 The Department of Planning Services' staff has not received responses from the following agencies: Town of Erie Weld County Sheriff's Office USR13-0052 Page 1 of 8 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW L � 0 - t S Planner: Diana Aungst Hearing Date: February 4, 2014 Case Number: USR13-0052 Applicant: Anadarko E&P Company, LP do Elizabeth Smith Request: A Site Specific Development Plan and Use by Special Review Permit for a 192-foot tall telecommunications tower in the A(Agricultural)Zone District. Legal Lot A Subdivision Exemption SE-956, being part of W2SW4 Section 3, T1 N, R68W of Description: the 6th p.m., Weld County, Co Location: North of and adjacent to County Road 12; East of and adjacent to County Road 7 Size of Parcel: +/- 75 acres Parcel No. 1467-03-3-00-054 Case Summary: The applicant, Anadarko E&P Company, LP, is requesting a permit to construct a 192-foot tall telecommunications tower, 35'x35' pad, and shelter. The tower will be operated by Kerr-McGee Oil and Gas Onshore, LP (KMG) a wholly owned subsidiary of the Anadarko Petroleum Corporation. According to the Technical Justification memo included in the application materials this tower provides essential safety and business related communication to and from the Integrate Operation Center located in Evans, CO. This communication is currently achieved using a leased tower. The lease is set to expire and the tower owner, American Tower, has indicated that they will need to vacate this tower by February 2014 although the tower will not be removed. The existing KMG antenna is set at an elevation of 108-feet. The other leasable towers in the area do not meet the needs of KMG due to topography and the location of buildings. This new tower will allow co-location for approximately 15-20 antennas. This tower will also allow for communication in crucial emergency response efforts such as the September 2013 flood event. The Federal Aviation Administration's referral comments dated December 3, 2013 state that no lights are required for this tower. The application materials indicate that no lights, signage, landscaping, or screening are proposed. The applicant owns the entire 75 acres therefore no separate lease area or fall- zone easement is required. The 192-foot tall tower, 35'x35' pad, and shelter will be less than one acre in size. Access to the site is off of County Road 12 and the Town of Erie has annexed this road. The application materials include a right-of-way permit from the Town of Erie. The telecommunications tower will operate 24-hours a day/7-days a week. There is also a salt-water injection well that is operated by Anadarko located on the site. 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: USR13-0052 Page 2 of 8 A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G - A.Goal 7 states, 'County land use regulations should protect the individual property owner's right to request a land use change.' and Section 22-2-20.G.2 - A.Policy 7.2 states, 'Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region.' Anadarko E&P Company, LP, is requesting a permit to construct a 192-foot tall telecommunications tower, 35'x35' pad, and shelter. The tower will be operated by Kerr- McGee Oil and Gas Onshore, LP. According to the Technical Justification memo included in the application materials this tower provides essential safety and business related communication to and from the Integrate Operation Center located in Evans, CO. This tower will allow co-location for approximately 15-20 antennas. The Federal Aviation Administration's referral comments dated December 3, 2013 state that no lights are required for this tower. The application materials indicate that no lights, signage, landscaping, or screening are proposed. The Development Standards and the Conditions of Approval for this proposal will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with 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.L. allows for A Site Specific Development Plan and Use by Special Review Permit for a 192-foot tall telecommunications tower 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 site is located within the Town of Frederick's Intergovernmental Agreement Area and is adjacent to the Town of Erie's corporate limits. The adjacent properties are mainly utilized for pastures, crops, and rural residences. County Road 12 borders the site on the south and County Road 7 borders the site on the west. Both County Road 12 and County Road 7 are annexed into the Town of Erie. The property to the east is primarily agricultural land. The property to the north is rural residential. The closest residence is approximately 60 feet north of the north property line. There are six (6) USRs located within one mile of this parcel. USR-1503 for a 150 calves, USR-1502 for a second single-family dwelling, and USR-1613 for a gutter business are all located south of the site. USR-60 for a poultry operation, USR-512 for the storage of farm equipment, and USR-1179 for water tanks are all located north of the site. The Weld County Department of Planning Services has not received any correspondence from the surrounding property owners related to this USR. The Federal Aviation Administration's referral comments dated December 3, 2013 state that no lights are required for this tower. The application materials indicate that no lights, signage, landscaping, or screening are proposed. The Development Standards and the Conditions of Approval for this proposal will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with 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. USR13-0052 Page 3 of 8 The site is located within the three (3) mile referral area of the Towns of Erie, Frederick and Dacono and the City and County of Broomfield. The Town of Frederick's referral dated November 14, 2013 and the Town of Dacono's referral dated November 13, 2013 indicated no concerns. The Town of Erie did not respond with any referral comments. The City and County of Broomfield's referral dated December 9, 2013 indicated that, "Broomfield is concerned about the proposed 192-foot tower with required lighting and its potential visual impact as far away as the northern boundary of the City and County of Broomfield. Anything that can be done within Weld County regulatory authority to reduce the height of the proposed tower to the minimum height absolutely necessary or reduce visual impacts would be greatly appreciated." The applicant provided an email dated January 20, 2014 that addresses the comments of the City and County of Broomfield. 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. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 75 acres Prime (Irrigated per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This USR is for a telecommunications tower which will not take a small portion of Prime (Irrigated) Farmland, but the remainder of the parcel is owned by an oil and gas company and has a salt water injection well located on the northeast section and does not appear to be farmed. G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall address the requirements of the Frederick-Firestone Fire Protection District, as stated in the referral response dated November 19, 2013. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall attempt to address the requirements of the Colorado Division of Parks and Wildlife, as stated in the referral dated December 2, 2013. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) USR13-0052 Page 4 of 8 C. The applicant shall address the requirements of the Federal Aviation Administration, as stated in the referral dated December 5, 2013. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) D. The access width requirements for emergency equipment (fire department) are a minimum of 20 feet. The applicant indicated that it has been cleared with the fire department and emergency services that the width and weight capacity of the access lane shall be adequate for emergency purposes. The applicant shall provide documentation to that effect. (Department of Public Works) E. County Roads 12 and 7 have been annexed by the Town of Erie. Accesses and right-of-way requirements will be determined by the Town of Erie. (Department of Public Works) F. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR13-0052. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) The applicant shall verify the existing right-of-way of County Roads 7 and 12 with the Town of Erie. All setbacks shall be measured from the edge of future rights-of-way. These roads are maintained by the Town of Erie. (Department of Planning Services) 5) Label the approved Town of Erie access(es) on the plat with access permit number. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) 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. 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) USR13-0052 Page 5 of 8 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Anadarko E&P Company, LP USR13.0052 1. A Site Specific Development Plan and Use by Special Review Permit for a 192 foot tall telecommunications tower 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. Co-location of other antennas by other service providers shall be allowed. (Department of Planning Services) 4. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna structure, and any associated equipment shall be removed and the premises restored to its original condition according to the Decommissioning Plan. (Department of Planning Services) 5. 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) 6. 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) 7. 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) 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 10. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing units shall be provided during construction of the facility. (Department of Public Health and Environment) 11. 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) 12. 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) USR13-0052 Page 6 of 8 13. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 14. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 15. 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. 16. 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. 17. 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. 18. 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 cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. USR13-0052 Page 7 of 8 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, sand burs, 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. USR13-0052 Page 8 of 8 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3524 p - i FAX: (970)304-6498 r January 02, 2014 KERR-MCGEE OIL & GAS ONSHORE LP ATTN: ELIZABETH SMITH 1099 18TH ST 6TH FLOOR DENVER, CO 80202 Subject: USR13-0052 - A Site Specific Development Plan and Use by Special Review Permit for a 192 foot tall telecommunications tower in the A(Agricultural)Zone District. On parcel(s)of land described as: PT W2SW4 SECTION 3, T1 N, R68W LOT A SUB EXEMPT SE-956 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on February 4, 2014, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 19, 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.weldcou ntyplan ningcases.orq If you have any questions concerning this matter, please call. Respectfully, Digitally signed bya Kristine Randem F2ason:I am the author of this document Date:2014.01.02 07:54:10-0700' Diana Aungst Planner h N DEPARTMENT OF PLANNING SERVICES i ti 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us � E-MAIL: daungst@co.weld.co.us iri_ �), PHONE: (970)353-6100, Ext. X ? FAX: (970)304-6498 November 13, 2013 KERR-MCGEE OIL AND GAS ONSHORE LP ATTN: ELIZABETH SMITH 1099 18TH St, 6`" FLOOR DENVER CO 80202 Subject: USR13-0052 - A Site Specific Development Plan and Use by Special Review Permit for a 192 foot tall telecommunications tower in the A(Agricultural)Zone District On parcel(s)of land described as: PT W2SW4 SECTION 3, T1N, R68W LOT A SUB EXEMPT SE-956 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: Dacono at Phone Number 303-833-2317 Erie at Phone Number 303-926-2700 Frederick at Phone Number 720-382-5500 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. tA/ACth- Digitally signed by Kristine Fhnslem s Feaam:I am theauthorof thisdocument Date:2013.11.1311:13:16-07'00' Diana Aungst Planner MAIN 720/20[;090 ANADARKO E&P ONSHORF LLC is . . uary v, su I 1909 n i rzaa-i�+iu artndarkp2 C)r',s1'ore LLC February 4, 2014 Diane Aungst Weld County Dept. of Planning and Services 1555 North 17th Ave. Greeley, CO 80631 RE: USR13-0052 Colorado Parks and Wildlife Comments Dear Ms. Aungst: We have reviewed the comments provided by Colorado Parks and Wildlife (CPW) in their December 2, 2013, letter regarding the proposed communication tower in section 3,T1N, R68W. Anadarko Petroleum Corporation (APC) follows the CPW guidance for protecting raptors (CDOW 2007) throughout our operations in Weld County. In addition, our wildlife contractor regularly monitors specific raptor nests (including bald eagle nests) and bald eagle winter night roosts near our operations. We are aware of the bald eagle nest west of the proposed tower and our wildlife contractor is currently monitoring activity at this nest. Overall, we agree with the recommendations of CPW. We would like to note that the proposed tower is approximately 0.45 miles southeast of the bald eagle nest, across Weld County Road 7. In addition,the proposed tower is not near any mature trees or open water, which are the primary habitat features used by bald eagles in this region. Our current plan is to install the tower after the eagle nesting stipulation ends, sometime in late summer or early fall 2014. We estimate that it will take approximately two days to construct and install the tower. APC does not anticipate any negative impacts to the bald eagle nest noted in CPW's December 2, 2013, letter. We will continue to monitor this nest and would report any observed impacts to CPW if they occur. Thank you, ,69 Paul Avant / Staff Regulatory Analyst Anadarko Petroleum Corporation Diana Aungst From: Smith, Elizabeth [Elizabeth.Smith@anadarko.com] Sent: Monday, January 20, 2014 4:38 PM To: msutherland@broomfield.org Cc: Diana Aungst; Rolfsmeier, Ryan Subject: RE: Referral comments from Broomfield Follow Up Flag: Follow up Flag Status: Flagged Good Afternoon Michael, Thank you for your comments. The proposed tower will not be lit. Per Weld County requirements, KMG has had a permit for the tower approved by the FAA. The FAA issued a Determination of No Hazard for the communication tower and determined no lighting is required. To accommodate coverage of our existing leasehold and future activity,the height of the tower as proposed at 192 feet is deemed the necessary height and cannot be reduced in height. All of our operations require communication towers to bring essential communication functions to and from operation sites to our Integrated Operations Center. Further, this tower serves a crucial role in emergency response efforts and is a key piece in the protection of the health and safety of the public in the instance of a catastrophic event. Please let me know if you have any questions. Thank you, Sr. Municipal Planning Specialist CP? Please consider the environment before printing this email. From: Diana Aungst [mailto:daungst@co.weld.co.us] Sent: Monday, December 09, 2013 11:02 AM To: Smith, Elizabeth Subject: Referral comments from Broomfield Elizabeth: Please see below for the referral comments from the City and County of Broomfield. Feel free to contact me with any questions. Regards, Diana Aungst Planner II Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax: (970) 304-6498 daungst(.D weldgov.com 1 www.weldgov.corn Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michael Sutherland [mailto:msutherland@broomfield.orq] Sent: Monday, December 09, 2013 10:42 AM Cc: John Hilgers Subject: USR13-0052 Referral Hello, Thank you for the case referral to the City and County of Broomfield. The proposed tower is over two miles from Broomfield's municipal boundary, although I am certain Broomfield owns property within the notice boundary for the project. Broomfield is concerned about the proposed 192-foot tower with required lighting and its potential visual impact as far away as the northern boundary of the City and County of Broomfield. Anything that can be done within Weld County regulatory authority to reduce the height of the proposed tower to the minimum height absolutely necessary or reduce visual impacts would be greatly appreciated. If you have any questions about these comments, please let me know. Thank you, Michael Sutherland, AICP Broomfield Planning 303.464.5869 Click here for Anadarko's Electronic Mail Disclaimer 2 FIELD CHECK Inspection Date: 1/16/14 Case Number: USR13-0052 Applicant: Anadarko E&P Company LP do Elizabeth Smith Request: A Site Specific Development Plan and Use By Special Review Permit for a 192 foot tall telecommunications tower in the A (Agricultural) Zone District. Legal Lot A Subdivision Exemption SE-956, being part of W2SW4 Section 3, Ti N, Description: R68W of the 6th p.m., Weld County, Co Location: North of and adjacent to County Road 12; East of and adjacent to County Road 7 Size of Parcel: +/- 75 acres Parcel No. 1467-03-3-00-054 Zoning Land Use N A (Agricultural) N Rural Residential E Municipal E Agricultural S Municipal S Agriculture/Rural Residential W Municipal W Agriculture/Rural Residential COMMENTS: The site contains salt-water injection well. The access is from CR 12. The site is surrounded by a 3-strand barbed-wire fence. cx . Diana Aungst, Planner Hello