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HomeMy WebLinkAbout20143554.tiff �tz-r: �' LAND USE APPLICATION SUMMARY SHEET I%'I Planner: Kim Ogle Hearing Date: November 4, 2014 Case Number: USR14-0050 Applicant: Wade E. Castor and Deland Todd Castor c/o Peter Schwiering, Wattenberg Holding LLC & Cris Sigdestad, Noble Energy, Inc. Representative: Julie Cozad, Tetra Tech, 1900 South Sunset Street, Longmont, CO 80501 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support and Service, (oil and gas processing facilities and related equipment, fresh water ponds to be utilized for hydraulic field exploration; Centralized Oil and Gas Processing Facility; Oil and Gas Storage Facility; Transloading;; a crude oil pumping station and related equipment; a thirty-five (35)foot in height communications tower and any use permitted as a use by right, an accessory use, or a use by special review in the commercial or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District Legal The E2NE4 of Section 21, T9N, R59W of the 6th P.M., Weld County, CO Description: Location: South of and adjacent to County Road 104; West of and adjacent to County Road 115 Size of Parcel: +/- 80.5 acres Parcel No. 0469-21-0-00-003 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: State of Colorado, Division of Water Resources, referral dated September 12, 2014 ▪ Weld County Planning— Engineer, referral dated September 15, 2014 ▪ Weld County Department of Public Health and Environment, referral dated September 29, 2014 The Department of Planning Services' staff has received referral responses without comments from the following agencies: y Weld County Sheriffs Office, referral dated August 19, 2014 y Weld County Zoning Compliance, referral dated August 20, 2014 y West Greeley Soil Conservation District, referral dated August 20, 2014 ➢ Pawnee Fire Protection District, referral dated August 21, 2014 r Weld County Department of Public Works—Access Permitting, referral dated September 12, 2014 USR14-0050, Noble Energy Inc.and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing Facility) Page 1 of 12 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Tall Grass Prairie Pipeline Colorado Historical Society Weld County School District RE-12 ▪ Colorado Division of Parks and Wildlife ▪ Weld County Department of Building Inspection Y Weld County Office of Emergency Management Y Colorado Department of Public Health and Environment USR14-0050, Noble Energy Inc.and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing Facility) Page 2 of 12 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW t c G.3 N- Planner: Kim Ogle Hearing Date: November 4, 2014 Case Number: USR14-0050 Applicant: Wade E. Castor and Deland Todd Castor c/o Peter Schwiering, Wattenberg Holding LLC & Cris Sigdestad, Noble Energy, Inc. Representative: Julie Cozad, Tetra Tech, 1900 South Sunset Street, Longmont, CO 80501 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support and Service, (oil and gas processing facilities and related equipment, fresh water ponds to be utilized for hydraulic field exploration; Centralized Oil and Gas Processing Facility; Oil and Gas Storage Facility; Transloading;; a crude oil pumping station and related equipment; a thirty-five (35)foot in height communications tower and any use permitted as a use by right, an accessory use, or a use by special review in the commercial or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District Legal The E2NE4 of Section 21, T9N, R59W of the 6th P.M., Weld County, CO Description: Location: South of and adjacent to County Road 104; West of and adjacent to County Road 115 Size of Parcel: +/- 80.5 acres Parcel No. 0469-21-0-00-003 Case Summary: Noble Energy's wells, surrounding this site, will be conveying product (a combination of oil/gas/water) to the East Pony facility, primarily via pipeline. Initially, 100% of the oil gas/water will be conveyed via pipelines. When the Truck Unloading Facility is built 10-15% of the oil could be trucked to this facility and would primarily come from outlying wells. If the outlying wells are 10 miles away or more, from the East Pony facility is not economically feasible to pipe the product from that distance. Before the product leaves the well site, produced water will be initially separated from the oil and gas at the tank battery so that the product contains no more than 2% water. Once the product reaches the East Pony Facility, it will be further separated to decrease the water content to 0.3% or less. The produced water separated off at the East Pony Facility will be stored in tanks and later trucked or piped to a third party approved disposal facility within the area. The gas separated out will be piped to Noble's Keota Gas Plant or the Lilli Gas Plant (the gas pipeline is planned to be a 16", 50psi with under a 20% hoop strength pipeline). The oil separated out will either be sent to Wattenberg Holding, LLC's oil storage facility on this site to be transported via the Wattenberg Extension Pipeline or it will be directed to Noble's oil storage tanks to be transported through the inlet and LACT meters and enter the Tall Grass Pipeline, located on the western edge of the property. Tall Grass currently has easements for their pipeline on the property west of and adjacent to the East Pony site. USR14-0050, Noble Energy Inc.and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing Facility) Page 3 of 12 There will be fresh water ponds and a load out facility on site with water being piped from a deep aquifer well in the area, most likely from the Timmerman Ranch. The pipeline will be within a private easement to the site and the easements are in place. These pipelines are Noble Energy pipelines for fresh water transport. The water may be piped to wells in the area, but Noble would like to have the option of trucking the fresh water. Noble also requested a Temporary Water Depot to be used when hydraulically fracturing wells in the vicinity of this site. The Temporary Water Depot would include about 30-40 trucks per day, for an approximately four day period during the time that the well is being fractured. The trucks carrying water are already on Weld County roads, but would currently be hauling water from longer distances away from the wells in this area. The Water Depot would significantly cut down on the hauling distance. A 35 foot or less communication tower is planned for this facility and will be on Noble's own frequency, to ensure service for Noble's employees. Wattenberg Holding, LLC will have storage tanks on the property that will accept the oil from Noble Energy's processing facility on the northern and western portions of this site. Oil from the tanks will be metered as it enters and leaves the tanks. Oil leaving the tanks will be directed into the 12" Wattenberg Extension Pipeline that runs along the eastern portion of this site, on its way to the Platteville Truck Unloading Facility (aka Rose Rock Truck Unloading Facility- AmUSR-1614) at County Road 30 and County Road 49 and then onto Cushing, Oklahoma for further distribution into the market. Wattenberg Holding LLC is proposing a future truck unloading bay and canopy. It is not anticipated that this facility will need to unload oil by truck, but it if the pipelines become over capacity, this would be an option for the future. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100.A. (OG.Goal 1.) states "Promote the reasonable and orderly exploration and development of oil and gas mineral resources;" The proposed East Pony Centralized Oil and Gas Processing facility is in an area of Weld County that is very active with oil and gas wells and associated facilities. Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial development should pay its own way." The applicant, Noble Energy Inc. and Wattenberg Holding LLC, will be paying for all on- site and offsite improvements associated with this facility." Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the rights of private property owners and the public health, safety and welfare, recognizing that these basic rights and protections allow the free market to prosper and grow the local economy." USR14-0050, Noble Energy Inc.and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing Facility) Page 4 of 12 The East Pony facility, will minimally impact surrounding properties since the oil and gas entering and leaving the site is via pipeline. There will be some initial impacts during construction, but once the facility is constructed, the impacts should be minimal. Dust will be controlled with water during construction of the facility. The nearest residence to the site is approximately one half mile north of the facility. There are a few other homes in the area, but all of them are over one half mile from this site This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval (Lighting and Screening Plans) and Development Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and County, and will address and mitigate impacts on the surrounding area 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.2 of the Weld County Code provides for an Oil and Gas Support and Service facility, including the pumping station, the tank farm for storage of oil and produced water, temporary fresh water ponds; 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 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 plat or plan filed prior to adoption of any regulations controlling subdivisions including truck load out facility, crude oil truck unloading and a 35 foot communications 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. Surrounding land use in each direction is in dryland agriculture with limited oil and gas development at this time, and limited residential development. The Pawnee Buttes are north of this area and per the application materials, the facility will generate little traffic. The use will be consistent with the multitude of other oil and gas facilities in the area and compatible with the few residential land uses that are located in the vicinity. 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 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. USR14-0050, Noble Energy Inc.and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing Facility) Page 5 of 12 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 will be sited on approximately 80 acres on lands identified as Prime if they become Irrigated per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property has no irrigation water associated with this parcel. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall address the requirements of the State of Colorado, Division of Water Resources, as stated in the referral response dated September 12, 2014. (Colorado Division of Water Resources) B. 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 Environmental Health) C. 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 Planning Services- Engineer) D. The applicant shall complete a Nonexclusive License Agreement for the Upgrade and USR14-0050, Noble Energy Inc.and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing Facility) Page 6 of 12 Maintenance of Weld County Right-of-Way on County Road 115 and County Road 104. (Department of Planning Services- Engineer) E. A signed and stamped drainage report, dated July 2014, was submitted by Tetra Tech. The report is acceptable as submitted. The engineer shall sign the modified Certification of Compliance stating the report was done in accordance with Weld County Code. (Department of Planning Services- Engineer) F. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR14-0050 (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. County Road 104 is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Planning Services - Engineer) 6. The County Road 115 Section Line has 60 feet of unmaintained County line 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. All setbacks shall be measured from the edge of right-of-way. (Department of Planning Services - Engineer) 7. The applicant shall complete a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way on CR 115. (Department of Planning Services- Engineer) 8. Show the approved access(es) on the map and label with the approved access permit number(AP14-00398). (Department of Public Works) 9. Show and label the standard tracking control on the USR map. (Department of Planning Services - Engineer) 10. Label and identify areas of gravel, paving, or recycled concrete/asphalt and identified parking areas (Department of Planning Services- Engineer) 11. Indicate the flow of traffic within the facility. (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 USR14-0050, Noble Energy Inc.and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing Facility) Page 7 of 12 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 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 USR 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) D. A Construction Stormwater Permit is required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division. (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) 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 On-Site Wastewater Disposal Systems Regulations. (Department of Environmental Health) B. The applicant shall submit written evidence of a commercial well to the Department of Public Health and Environment. (Department of Environmental Health) 8. The Use by Special Review activity shall not occur, nor shall any grading, 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) USR14-0050, Noble Energy Inc.and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing Facility) Page 8 of 12 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Noble Energy, Inc. and Wattenberg Holding LLC East Pony Centralized Oil and Gas processing Facility USR14-0050 1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support and Service, (oil and gas processing facilities and related equipment, fresh water ponds to be utilized for hydraulic field exploration; Centralized Oil and Gas Processing Facility; Oil and Gas Storage Facility; Transloading; a crude oil pumping station and related equipment; a thirty-five (35) foot in height communications tower and any use permitted as a use by right, an accessory use, or a use by special review in the commercial or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions 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 twenty-four hours a day, seven days a week, as stated by the applicant(s). (Department of Planning Services) 4. The property owner or operator shall provide evidence of an Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 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 Environmental Health) 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 Environmental Health) 7. 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. The facility shall operate in accordance with the approved "waste handling plan", at all times. (Department of Environmental Health) 8. 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 Environmental Health) 9. 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 Environmental Health) 10. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. (Department of Environmental Health) 11. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. (Department of Environmental Health) USR14-0050, Noble Energy Inc.and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing Facility) Page 9 of 12 12. 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 Environmental Health) 13. A current PE certified and signed copy Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Environmental Health) 14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Environmental Health) 15. Portable toilets are acceptable for employees or contractors on site for less than 2 consecutive hours a day. All other 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 Individual Sewage Disposal Systems. (Department of Environmental Health) 16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Environmental Health) 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 Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services - Engineer) 21. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services- Engineer) 22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 23. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Planning Services- Engineer) 24. The right-of-way or easement shall be graded and drained to provide an all-weather access. (Department of Public Works) 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 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) USR14-0050, Noble Energy Inc.and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing Facility) Page 10 of 12 26. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 27. 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. 28. 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. 29. 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. 30. 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. 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, USR14-0050, Noble Energy Inc.and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing Facility) Page 11 of 12 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. USR14-0050, Noble Energy Inc.and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing 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 � October 13, 2014 COZAD JULIE 1900 S SUNSET ST STE 1-E LONGMONT, CO 80501 Subject: USR14-0050 - 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 PROCESSING FACILITY; OIL AND GAS STORAGE FACILITY; TRANSLOADING; FRESH WATER PONDS TO BE UTILIZED FOR HYDRAULIC FIELD EXPLORATION; A CRUDE OIL PUMPING STATION AND RELATED EQUIPMENT; A THIRTY-FIVE (35) FOOT IN HEIGHT COMMUNICATIONS TOWER AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS, FOR NOBLE ENERGY INC. AND WATTENBURG HOLDING LLC (EAST PONY CENTRAL PROCESSING FACILITY) IN THE A(AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: E2NE4 SECTION 21, T9N, R59W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 4, 2014, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on November 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 weldcountyplanningcases org Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, Digitally signed byKristine Ranslem Fu son:I am the author of this is document Date:2014.10.1313:46:03-0600' Kim Ogle Planner h N DEPARTMENT OF PLANNING SERVICES "••••• Lia fi 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us ! PHONE: (970)353-6100, Ext. 3549 S' ? FAX: (970)304-6498 August 18, 2014 COZAD JULIE 1900 S SUNSET ST STE 1-E LONGMONT, CO 80501 Subject: USR14-0050 - A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TO AN OIL AND GAS CENTRALIZED PROCESSING FACILITY, STORAGE OF OIL AND PRODUCED WATER, FRESH WATER PONDS TO BE UTLIZED FOR HYDRAULIC FIELD EXPLORATION, FRAC WATER LOAD OUT, CRUDE OIL TRUCK UNLOADING, CRUDE OIL PUMPING STATION AND ASSOCIATED BUILDINGS AND EQUIPMENT; AND A THIRTY-FIVE (35) FOOT IN HEIGHT COMMUNICATIONS TOWER FOR NOBLE ENERGY AND WATTENBURG HOLDING, LLC (EAST PONY CENTRAL PROCESSING FACILITY) IN THE A (AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: E2NE4 SECTION 21, T9N, R59W 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, I Digitally am edthe a thiorioef Risdlem oc Fuson:lamtheauthorofthisdocument Date:2014.08.1814:58:40-0600' Kim Ogle Planner FIELD CHECK USR14-0050 Inspection Date: September 30, 2014 Applicant: Wade E. Castor and Deland Todd Castor do Peter Schwiering, Wattenberg Holding LLC and Cris Sigestad, Noble Energy, Inc. 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 and Gas Processing Facility; Oil and Gas Storage Facility; Transloading; fresh water ponds to be utilized for hydraulic field exploration; a crude oil pumping station and related equipment; a thirty-five (35) foot in height communications tower and any use permitted as a use by right, an accessory use, or a use by special review in the commercial or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions, for Noble Energy Inc. and Wattenberg Holding, LLC (East Pony Oil and Gas Central Processing Facility) in the A(Agricultural) Zone District Legal The E2NE4 of Section 21, T9N, R59W of the 6th P.M., Weld County, CO Description: Location: South of and adjacent to County Road 104; West of and adjacent to County Road 115 Size of Parcel: +/- 80.5 acres Parcel No. 0469-21-0-00-003 Zoning Land Use N AGRICULTURE N DRYLAND AGRICULTURE, ONE SINGLE FAMILY RESIDENCE, OIL AND GAS ENCUMBRANCES E AGRICULTURE E DRYLAND AGRICULTURE, OIL AND GAS ENCUMBRANCES S AGRICULTURE S DRYLAND AGRICULTURE, OIL AND GAS ENCUMBRANCES W AGRICULTURE W DRYLAND AGRICULTURE, OIL AND GAS ENCUMBRANCES, RADIO COMMUNICATION TOWER Comments: The property is in dryland agriculture, prairie grasses with limited oil and gas development. The property is fenced and has three electrical transformers on a raised platform adjacent to the east. New electrical service is east of the site. A single row of power poles flanks the eastern property line and there is the presence of a road, possibly within County right-of-way at the east boundary line. County Road 104 is an all weather road that is currently in construction due to damage. County Road 115 is also an all weather road north of CR 104. There is good visibility for access. Surrounding lands are prairie with very limited non-oil and gas development. SiOaaftV • ❑ House(s) ❑ Access to Property ❑ Site Distance ❑ Oil & Gas Structures ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. None Hello