HomeMy WebLinkAbout20140448.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW(USR)APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY: PLANNER ASSIGNED:
Parcel Number:_146703300054
(12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Legal Description Lot A SE-956 , Section 3 , Township 1 North, Range 68
West
Flood Plain: N/A Zone District: AG , Total Acreage: , Overlay District:
Geological Hazard: GHDP Report Included , Airport Overlay District:
FEE OWNERS OF THE PROPERTY:
Name: Anadarko E&P Company, LP
Work Phone# (720) 929-6038 Home Telephone: Email Address:
Address: 1099 18'h St. City/State/Zip: Denver, CO 80202
OIL AND GAS LEASEHOLD OWNER:
Name: Kerr-McGee Oil & Gas OnShore LP, (an Anadarko company) do Elizabeth Smith
Work Phone# 720-929-6038 Home Telephone: Email Address: elizabeth.smith(a anadarko.com
Address: 1099 18th Street, 6th Floor City/State/Zip: Denver, CO 80202
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent): li
Name: Kerr-McGee Oil & Gas OnShore LP (an Anadarko company)
Address: 1099 18th Street, 6th Floor City/State/Zip: Denver, CO 80202
Business Telephone: 720-929-6038 Fax No:
PROPOSED USE: _Construct a 35' by 35' foundation pad with a shelter for a 192' communications tower.
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must be included indicting that
the signatory has the legal authority to s n for the corporation.
Si ature: Owner or Authori ed Agent Date Signature: Owner or Authorized Agent Date
1. Description of Proposed Use
This USR application is referred to as the KMG 19-3i Communications Tower and is from Kerr-McGee
Oil and Gas Onshore, LP, (KMG) a wholly owned subsidiary of the Anadarko Petroleum Corporation.
Anadarko/Kerr-McGee operates over 5,000 oil and gas wells in the Denver-Julesburg(DJ) Basin with the
vast majority being located in Weld County, Colorado. In addition, KMG owns and operates a Salt Water
Injection Facility(KMG I9-3i). All of these sites require towers to bring essential safety and business
related communications to and from the Integrated Operations Center located in Evans, CO. Further,
these towers are crucial in emergency response efforts and are a key piece in protecting the health and
safety of the public during a catastrophic event, such as the recent flood of 2013.
KMG currently performs these communication and monitoring functions through space leased with
American Tower. American Tower has notified KMG that they will have to vacate the tower in February
2014. In response to this recent development,KMG is proposing the installation of a new tower to
facilitate the company's communication needs.
This application addresses the development of the KMG I9-3i Communications Tower. KMG proposes
to place the new communications tower within the parcel containing the existing KMG 19-3i Salt Water
Disposal Facility. The proposed site will be less than one acre in size. It is located in the W/2SW/4 of
Section 3, Township 1 North, Range 68 West,just North of the intersection of WCR 7 and WCR 12. The
site is currently zoned Agricultural and is surrounded by Agricultural zoned properties.
The proposed equipment to be installed on site includes a 190' communications tower with an additional
2' lightening rod attached. In addition,there will be a 35' x 35' foundation pad with a shelter.
Please see the Site Plan in the Appendix for a more detailed layout of the proposed equipment to be
installed on site.
The communication tower will be functional 24 hours a day, 7 days a week, 365 days a year.
KMG obtained an access permit and accompanying road maintenance agreement from the Town of Erie
on October 21, 2009 for access off of Weld County Road 12 to the property. This agreement is still in
effect as long as KMG is conducting oil and gas operations on the Property. Please see the appendix for
copies of both agreements.
Ownership Information:
As seen on Assessor Record:
Anadarko E&P Company, LP
1099 18'11 St., Suite 1800
Denver, CO 80202-1918
(720)929-6000
2. Consistency with the intent of the Weld County Code, Chapter 22 of the Comprehensive
Plan
Section 22-2-10 (D) emphasizes the extraction of natural resources as an important part of the economy of
the County. The development of this site contributes to the expansion of the county's industrial economic
base by providing an essential safety function in the operation of oil and gas wells and related industry
operations.
The Weld County Comprehensive plan addresses goals and policies for agriculturally zoned properties
and oil and gas deposits. The Comprehensive Plan also addresses the presence of oil and gas deposits in
the County and encourages the extraction of oil and gas resources that conserve the land and minimize the
impact on surrounding land and the existing surrounding land uses. The proposed facility will ensure that
these operations are done so in the safest way possible.
3. Consistency with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone
district in which it is located.
Oil and gas facilities are allowed as a use by right in the A (Agricultural) Zone District. However, oil and
gas support service operations such as this proposed communication tower require the approval of a Use
by Special Review Permit(Section 23-3-40(A)).
4. Surrounding uses and compatibility with surrounding uses.
The KMG 193i communications tower is surrounded primarily by agricultural lands.
Consideration has been taken to ensure that the communications tower will operate in a manner that is
compatible with existing and planned uses in the area. The safe operation of our operations is a
crucial component of the production of this valuable resource. Safe operations will not only foster the
development of an important economic base but will also contribute to the convenience and general
welfare of the residents of the County. The site contributes of the County's tax base with little or no
adverse impact in terms of additional roads or other governmental expenditures.
5. Describe the following:
a. Number of people who will use this site
The tower will be in continual communication with the Integrated Operations Center located in
Evans, CO 24 hours a day/365 days a year.
b. Number of employees proposed to be employed at this site
There will be approximately one part-time employee assigned to the Salt Water Injection facility
where the tower will be located. During construction additional personnel will be on site until
completion.
c. Hours of operation
The tower will be in operation 24 hours a day,7 days a week, 365 days a year.
d. Type and number of structures to be built on this site
There will be a 35' by 35' foundation pad with shelter for the 192' communications tower.
e. Type and number of animals, if any, to be on this site
There are no animals on site.
f Kind of vehicles that will access the site and how often
The tower will be visited on an as-needed basis.
g. Who will provide fire protection to the site
The Fort Lupton Fire Protection District will provide fire protection to the site. A referral packet
will be sent to the District by the County. Once an approval letter is received it will be placed in
the Appendix.
h. Water source on the property
The KMG communication tower will not have potable water but the KMG 19-3i salt water
injection site it is located on will be serviced by Deep Rock Water service for potable drinking
water.
i. Sewage disposal system
The KMG I 9-3i salt water injection site will be equipped with a port-a-pottie (contact
information for companies providing the service can be found under the waste handling plan).
j. Storage or warehousing
There is no storage proposed with this communication tower.
6. Proposed Landscaping
There is no existing screening and no additional landscaping is being proposed with this application.
7. Reclamation Procedures
Should the site no longer be needed by Anadarko, all equipment will be removed and the ground re-
graded to accommodate agricultural uses.
8. Storm Water Drainage
A drainage report is not required for this site.
9. Construction Period
Construction of the site is anticipated to commence soon upon approval of this requested USR.
Construction is estimated to take approximately three weeks.
10. Waste Handling Plan
KMG has a Waste Handling Plan (Plan)that covers all operations. This plan is used to determine how to
best manage waste generated as part of our operations.
The objective of the Waste Handling Plan is to ensure waste generated around the Communications
Tower is managed in accordance with all Local, State and Federal regulations. Additionally, the Plan
identifies operational chemicals used or stored on site regarding specific disposal pathways. Kerr-
McGee/Anadarko personnel are trained annually with regards to proper Waste Management practices.
The facility will be serviced by Waste Management for solid waste removal. A small dumpster will be
located onsite.
All liquids will be managed and disposed or re-cycled. The municipal waste dumpster will be managed
and disposed of by a contract waste management company. The dumpster will be emptied either weekly
or every two weeks. Non-routine waste(e.g. spills or releases)will be managed in accordance with
Anadarko's Emergency Response and Oil Spill Contigency Plan. Spills, as appropriate, will be reported
to the proper regulatory agency(s). Additionally, a site specific Spill Prevention Control and
Countermeasure(SPCC) Plan will be developed to outline appropriate actions to be taken in the event of
a spill or release. The SPCC Plan in conjunction with the Emergency Response/Oil Spill Contingency
Plan will ensure that all appropriate response actions are taken and that all waste will be handled in
accordance with applicable rules and regulations. Both documents are written in accordance with
requirements set forth by the Environmental Protection Agency.
Regarding a motor vehicle oil leak(potentially during construction), Anadarko standard operating
procedures are to excavate the impacted soil and haul it to the Buffalo Ridge Facility in Keensburg, CO or
other similar facility. Once the impacts are removed, Anadarko back fills the excavation with clean fill.
In addition, one of the following companies will be providing portable toilet service:
Stallion Oilfield Services
2116E Hwy 402 Unit B
Loveland, CO 80537
(970) 646-3129
Reliable Services
1616 2"d Avenue
Greeley, CO 80631
(970) 381-1242
Redi Services
7601 Miller Drive#G
Frederick, CO 80504
(720) 378-7873
11. Dust Abatement Plan
During the construction phase of the project, Anadarko will utilize water trucks to maintain dust
suppression.
After construction is completed the site will be stabilized using native vegetation in allowed
areas, which will not be allowed to grow over 12" high. Additionally, Anadarko will gravel the
access drive and circulation pattern. In addition, a water truck will be utilized to control dust
after construction, if required.
Kerr! Gee
Kerr-McGee Oil&Gas OnShore LP
A subsidiary of Anadarko Petroleum Corporation
1099 18°i Street
Denver,CO 80202
(720)929-6000
RESPONSE TO QUESTIONS LISTED IN 23-4-830.C.1-13
(STANDARDS FOR TELECOMMUNICATION ANTENNA TOWERS)
KMG 19-3i COMMUNICATIONS TOWER-WELD COUNTY USR
TOWNSHIP 1 NORTH,RANGE 68 WEST, SECTION 3
1. The existing telecommunication antenna towers cannot accommodate the telecommunication
equipment planned for the proposed KMG 19-3i Communication Tower.
2. The proposed KMG 19-3i Communication Tower shall not constitute a hazard to aircraft.
Additionally, Federal Aviation Administration Form 7460-1 is being submitted as part of this
application and addresses this concern.
3. The proposed KMG 19-3i Communication Tower shall be placed on the property to contain
on site all ice-fall or debris from telecommunication antenna failure.
4. N/A—Previously Answered
5. The proposed KMG 19-3i Communication Tower shall have the least practicable adverse
visual impact on the environment. Please see the photo rendering of the tower submitted as
part of this application.
6. The proposed KMG 19-3i Communication Tower shall not emit radiation that will adversely
affect human health.
7. The proposed Erie Communication Tower shall be the height of 70 ft. which is the minimum
height needed to accommodate the telecommunication antenna.
8. The proposed Erie Communication Tower shall comply with all applicable federal and State
regulations.
9. The design of the proposed Erie Communication Tower shall insure structural integrity.
10. The proposed Erie Communication Tower shall have adequate measures to discourage
unauthorized climbing and to insure the security thereof.
11. All reasonably possible sites for the proposed Erie Communication Tower have been
considered, and the proposed site is the most appropriate site from a land use perspective.
12. The proposed Erie Communication Tower shall not adversely impact wildlife.
13. N/A—Previously Answered.
Diana Aungst
Subject: FW: KMG 19-3i Communications Tower
During construction of the tower we expect to have the following vehicles:
1. Backhoe to dig the foundation for the tower— 1-day
2. 3x3/4 ton pickups for the tower construction crew 7-days spread out over a couple of weeks.
3. Cement Truck to pour the foundation— 1-day
4. Dump Truck to haul off excess dirt -1-day
5. lx Semi Truck to deliver tower
6. lx Semi Truck to deliver rebar
During normal operation we expect to see very minimal traffic to the tower. This site will be un-manned and will only
require traffic during maintenance activities. Most maintenance activities require access by a couple ofl ton pickup
trucks. You can expect to see a I ton truck at the site on an average of once per month.
All traffic during construction and normal operation is expected to come from the West on WCR 7 to WCR 12 where the
access road is located.
Thanks,
Ryan Rolfsmeier
Anadarko Petroleum Corporation
Senior ITS Administrator
1099 18th St. Ste. 1800
Denver, CO 80202
(720)929-6781 Office Phone
(303)564-2498 Cell Phone
Ryan.Rolfsmeier@Anadarko.com
From: Smith, Elizabeth
Sent: Monday, October 14, 2013 8:09 AM
To: Rolfsmeier, Ryan
Subject: FW: KMG 19-3i Communications Tower
Hi Ryan,
Could you please get this back to me sometime today, if possible?
Thanks!
Sr. Municipal Planning Specialist
Please consider the environment before printing this email.
From: Smith, Elizabeth
Sent: Tuesday, October 08, 2013 8:18 AM
To: Rolfsmeier, Ryan
Subject: KMG 19-3i Communications Tower
1
Hi Ryan,
Weld County Dept of Public Works called yesterday requesting a more in depth traffic narrative than what was in our
USR application. Would you mind further expanding to include what the type of traffic would be involved in the long
term operation of the site, construction of the site and a brief description on the type of trucks? I've included below
what is in the application for your reference.
Traffic to the site to access the communication tower will be very limited and is expected to come from the West on WCR
7 to WCR 12 where the access road is located.
Thanks!
Sr. Municipal Planning Specialist
Please consider the environment before printing this email.
Click here for Anadarko's Electronic Mail Disclaimer
2
Posted Notice
In accordance with Section 23-2-210 of the Weld County Code, a sign shall be posted by the County on
this proposed property stating that a Use by Special Review Permit has been requested.
Operational Standards
NOISE CONTROL:
The operation of the KMG I 9-3i Communications Tower shall comply with the noise standards
enumerated in Section 802 of the COGCC Amended Rules 2008.
It is anticipated that the proposed equipment will actually have minimal noise emissions. Additionally,
the rural nature of these sites is preferred to mitigate the effects of noise emissions on the surrounding
property owners.
AIR AND WATER QUALITY:
All activities will be in compliance with the permit and control provisions of the Colorado Air Quality
Control Program, Title 25,Article 7, C.R.S. as applicable. All water and waste will be carried by vehicle
off site.
LIGHTING:
There is no lighting currently proposed on the Communications Tower, however the FAA could
potentially require lighting to be added to the tower at some point in the future.
WEED CONTROL:
The Communication's Tower area will be kept free of weeds, rubbish and other material. The area shall
be treated if necessary and as practicable to prevent invasion of undesirable species and noxious weeds.
Required Permits
Weld County:
A Use by Special Review Permit is required to be approved by the Board of County Commissioners prior
to construction of this facility.
Kerr McGee/Anadarko will submit any additional permits necessary for county approval prior to the
commencement of construction on site.
Fort Lupton Fire Protection District:
The Site Plan and Special Review Use Application will be refered to and reviewed by the Fort Lupton
Fire Protection District. Approval of the plan is expected. A letter from the fire district regarding this
proposal will be added to the Appendix once it is received.
Oversize Load Permits:
If necessary, oversize load permits will be obtained prior to moving any new equipment onto the site.
Access Permits:
Traffic plans are not required to be submitted as part of this application. KMG obtained an access permit
and accompanying road maintenance agreement from the Town of Erie on October 21,2009 for access
off of Weld County Road 12 to the property. This agreement is still in effect as long as KMG is
conducting oil and gas operations on the Property. Please see the appendix for copies of both agreements.
Traffic
Traffic to the site to access the communication tower will be very limited and is expected to come from
the West on WCR 7 to WCR 12 where the access road is located.
Fire& Emergency Response
There is adequate provision for the protection of the health, safety and welfare of the inhabitants of the
immediate area and the county.
All roads leading to and those in the site area will be designed and maintained to support fire apparatus.
A turnaround will be constructed as necessary to accommodate fire apparatus. In addition to the above-
referenced rules and regulations, Anadarko is also subject to COGCC Rule 6064 pertaining to Fire
Prevention and Protection. Anadarko has support personnel in the field or on call at all times to provide
technical assistance in fire prevention and elimination.
\1J
KerrNtGee
Kerr-McGee Oil&Gas OnShore LP
A subsidiary of Anadarko Petroleum Corporation
1099 18"'Street
Denver,CO 80202
(720)929-6000
October 21,2013
Weld County Department of Planning Services
Attn: Diane Aungst
1555 N 176 Avenue
Greeley,Co 80631
RE: KMG 19-3i Communications Tower/USR 13-0144
Township I North,Range 68 West
Section 3: SW/SW
Dear Ms.Aungst:
Kerr McGee Oil and Gas Onshore, LP will allow CO-LOCATION on the KMG 19-3i Communications Tower located in
the above referenced location.
Should you have any questions or need additional information regarding this matter please do not hesitate to contact me at
720-929-6038.
Thank you for your time.
Regards,
Elizabeth Smith
Sr.Municipal Planning Specialist
Anadarko Petroleum Corporation
\1J
KerrNtGee
Kerr-McGee Oil&Gas OnShore LP
A subsidiary of Anadarko Petroleum Corporation
1099 18"'Street
Denver,CO 80202
(720)929-6000
October 21,2013
Weld County Department of Planning Services
Attn: Diane Aungst
1555 N 176 Avenue
Greeley,Co 80631
RE: KMG 19-3i Communications Tower/USR 13-0144
Township I North,Range 68 West
Section 3: SW/SW
Dear Ms.Aungst:
In the event operations cease at the above referenced site and the communications tower is no longer in use, Anadarko
Petroleum/Kerr McGee will remove the communications tower and all of its components. Where possible,materials will be
reused or recycled. Where required,waste materials for disposal will be removed by a licensed contractor and transported
to a disposal site. KMG will comply with all COGCC regulations concerning site restoration.
Should you have any questions or need additional information regarding this matter please do not hesitate to contact me at
720-929-6038.
Thank you for your time.
Regards,
Elizabeth Smith
Sr. Municipal Planning Specialist
Anadarko Petroleum Corporation
ARCADIS ARCADIS U.S.,Inc.
630 Plaza Drive
Suite 200
DI
Highlands Ranch
Colorado 80129
Tel 720 344 3500
MEMO Fax 720 344 3535
To: Copies:
Elizabeth Smith (Anadarko Petroleum Corporation) Ethan Jahnke (ARCADIS)
Ryan Rolfsmeier (Anadarko Petroleum Corporation) Bill Zahniser(ARCADIS)
From:
Kevin Szympruch
Date: ARCADIS Project No.:
October 30, 2013 CO001847.0001
Subject.
KMG 19-3i Telecommunications Tower Technical Justification
Kerr McGee Oil & Gas Onshore, LLC (Kerr McGee), an affiliated company of Anadarko Petroleum
Corporation (Anadarko) needs to construct a new communications tower for purposes of relaying
communications to and from their KMG19-3i Salt Water Disposal facility. This tower will also relay
communications with several oil wells and several lease automated custody transfer(LACT)facilities that
Kerr McGee operates in the area. Communications with these facilities are currently achieved using a
leased tower. The current lease is set to expire and the current tower owner(American Tower) has
indicated Kerr McGee will need to vacate their tower by February 2014. There are other leasable towers
in the area; however, due to the hilly topography in the area, and the potential for Fresnal zone
interference from future building developments greater than 30 feet tall, none of these towers are well
suited to meet Kerr McGee's longer term needs. Ultimately, Kerr McGee has determined a new 190 foot
tall tower is necessary in order to provide reliable communications between facilities in the area and the
rest of the Anadarko telecommunications tower network.
Page:
1/1
KMG 1831 Telecommunications Tower Technical Justification Memo
RIGHT OF WAY PERMIT
` APPLICATION
WHEN UNDERSIGNED BY AN AUTHORIZED TOWN REPRESENTATIVE,THE ERIE DEPARTMENT OF PUBLIC WORKS ISSUES THIS
RIGHT OF WAY PERMIT WITHIN THE CORPORATE BOUNDARIES OF THE TOWN OF ERIE,COLORADO
APPLICATION DATE: 05-0t - 2001 d PERMIT NUMBER: a� O��
CONTRACTOR
LICENSE#:
PRIME CONTRACTOR: kcrr- me 6LL O4 L (MANDATORY) oL - 70H 43 y
CONTRACTOR
LICENSE#:
SUB-CONTRACTOR: (MANDATORY)
LOCATION: T1ni— R b8 W —Sec ioN 3 ', w /z
CONSTRUCTION
IS - Decbolo
M
PROJECT NUMBER: DATE(S): A%
PROJECT MGR.
AND CONTACT INFO RA.vcS tc - -.s `1'70- 3oI- 1586
SUMMARY OF WORK:
STIPULATIONS
1. The above named Company will be responsible for all utility repairs,including water leaks,which develop.(Per
Construction Standards,Two-Year Warranty Period applies)
, 2. All contractors(prime and sub-contractors)shall be licensed with the Town of Erie.
3. The above named Company will be responsible for acceptable back-fill and compaction of all excavations,as well as immediate rep
Iof all subsidence occurring within the excavated area.
4. Any excavated areas left open overnight must be barricaded and warning devices erected.Permits for areas within the Town of Erie
I'; right-of-ways must be accompanied by Barricade Plans for approval.
5. All excavations and repairs to excavations must be inspected by the Department of Public Works Construction
Inspector prior to backlit'and shall meet current adopted Construction Standards.
6. Contractor to attach a copy of the plan to this application.
j 7. Any excavations involving asphalt will be repaired and/or replaced with hot mix within seven(7)days,weather permitting.
8. Contractor shall provide a minimum of two(2)working days notice prior to starting construction.
Excavation Permit Fee - $50.00 Fees Paid:
Applicant Name and Title (Print): Signaturtt
3eNtor 13n'll,'M9 Forcer,A-ev
FOR INTERNAL USE ONLY
FINAL INSPECTION
Status7r--r
Insp. (/_///
Date DATE
P �' Y
Apr. 29. 2010 1 : 52PM No. 1921 P. 1
° RIGHT OF WAY PERMIT
l Tow TowN OF APPLICATION
WHEN UNDERSIGNED RYAN AUTHORIZED TOWN REPRESENTATIVE,THE ERIE DEPARTMENT OF PUBLIC WORKS ISSUES THIS
RIGHT OP WAY PERMIT WITHIN THE CORPORATE BOUNDARIES OP THE TOWN OF ERIE,COLORADO
APPLICATION DATE: 10.01-2009 PERMIT NUMBER: 09-056 !4
CONTRACTOR
LICENSE it:
PRIME CONTRACTOR; Kerr-McGee Oil (MANDATORY) N. 0 7 4 3 4)
CONTRACTOR
LICENSE#:
SUB-CONTRACTOR: N/A (MANDATORY) N/A
LOCATION: TIN-R68W-Section3:W/2SW/4
CONSTRUCTION
PROJECT NUMBER; DATE(S): ASAP
PROJECT MGR.
_AND CONTACT INFO Travis Deporter,Sr.Foreman- 970.301.1586
SUMMARY OF WORK:
Kerr-McGee Oil et Gas Onshore LP(KMG)plans to improve the Town of Erie's Right-of-Way on Weld County Road 12.
Upon approval,KMG will commence construction of the right-of-way improvement.KMG will comply with Title 10,
Chapter 3-2,USE SPECIFIC STANDARDS.Additionally,KMG will post a`STOP' sign for truck traffic exiting the above
referenced parcel onto WCR 12 and provide construction signage to properly route traffic around the construction area
during the construction of the right-of-way improvement.The issuance of this right-of-way permit is conditioned on the
acceptance and execution of a Road Maintenance Agreement by both KMG and the Town of Erie.
. STIPULATIONS
1. The above named Company will be responsible for all utility repairs,including water leaks,which develop.(Per
Construction Standards,Two-Year Warranty Period applies)
2. All contractors(prime and sub-contractors)shall be licensed with the Town of Erie.
• 3. The above named Company will be responsible for acceptable back-fill and compaction of all excavations,as well as immediate rep
of all subsidence occurring within the excavated area.
4. Any excavated areas left open overnight must be barricaded and warning devices erected.Permits for areas within the Town of Eric
right-of-ways must be accompanied by Barricade Plans for approval.
S. All excavations and repairs to excavations must be inspected by the Department of Public Works Construction
Inspector prior to backfill and shall meet current adopted Construction Standards.
.6. Contractor to attach a copy of the plan to this application.
7. Any excavations involving asphalt will be repaired and/or replaced with hot mix within seven(7)days,weather permitting.
8. Contractor shall provide� a minimum of two(2)working days notice prior to sterlinlj construction.
9. Other �oAU 1 -{NrINPuNl+•Sc'4 A6tLe.wnp.rr �P.'roa_. C "F t 7-p°7
Right of Way Permit Fee - $50.00 Fees Paid; $ 50.00
Applicant Name and Title(Print): -Sign ure
/Robert Spencer-Wattenberg Landman
FOR INTERNAL[IE L,Y .-.
FINAL INSPECTION
Status Insp. ,r 14/.17/Q 7Dote
/{
i V) BV ","m DATE
ROAD MAINTENANCE AGREEMENT
This Road Maintenance Agreement ("Agreement") is made and entered into effective
the first day of October. 2009 (the "Effective Date") by and between Kerr-NTcGee Oil and
Gas Onshore LP. with an address of 1099 18th Street. Denver. CO 80202 (KNMG) and the
Town of Erie. a municipal corporation of the State of Colorado, with an address of 645
I lolbrook. Post Office Box 750. Erie. Colorado 80516 (Erie).
KMG and Erie may he referred to collectively as the "Parties" and each individually
as a "Pam-.
Whereas. KMG owns the surface of approximately 78.73 in the W2SW'4 of Section
3. 1.1N.. R.68W.. 6th PM. Weld County. Colorado (the "Property -) and certain oil and gas
leases covering the Property on which KMG plans to drill one or more. oil and gas wells and
install pipelines. gathering systems and other facilities on the Property. and
Whereas. the portion of the right-of-way of WCR I2 adjacent to the Property is
located within the boundary of Erie and Erie has the maintenance responsibility for such
right-of-way. and
Whereas. KMG has constructed an injection well facility on the Property and KNIG
will construct other oil and gas wells. roads and facilities on the Property and has applied for
an access permit from the Erie Department of Public Works to access the Property from
WCR 12 (the "Original Road') for all of its operations on the Property, and
Whereas. Erie has requested that KMG enter into a Road Maintenance agreement for
the use of Weld County Road 12 between Weld County Road 7 and the east line of the
S'2SW14 of the Section 3 above described, including the intersection of WCR 12 and WCR 7
(the "Maintenance Segment").
Now. therefore. for and in consideration of the premises and the mutual obligations
contained herein. the Parties agree as follows:
1 . Except as provided in this Agreement. the surface of the Original Road shall remain
at its existing approximate width and construction material. No widening or narrowing of the
road shall be done without the Town of Erie notifying KMG 90 days prior to the
construction. Prior to using the Original Road for access to the Property, KMG will improve
the Maintenance Segment by adding nine (9) inches of class 6 road base (the -Improved
Standard-).
Subject to the terms and conditions of this Agreement, KMG shall he responsible for
the repair and maintenance of the Maintenance Segment and will undertake to repair and
maintain the Maintenance Segment to the Improved Standard to the extent reasonably
necessary to permit KNTG to access the Property efficiently and safeR. normal \\ear and tear
excepted to include the use of the Maintenance Segment by the public. Kh1G-s expenses fbr
repairing and maintaining the Maintenance Segment shall consist of all reasonable and
•
Page l of 3
Raud I ,c and AImmcnwxc A_1rcemcni.
I I Icon e l ILIihcr I_Jui
necessary expenses of every kind and nature and shall include but not be limited to. the
following costs: filling of holes. resurfacing with road base and gravel, grading, fixing
shoulders. fixing any damage caused by KMG operations including damage due to turning
vehicles at the entrance and at the intersection of \V'CR1_2 and WCR7. construction and
installation of drain culverts. removal of debris and obstructions, removal of snow_ mitigation
of dust, and the use of Road Sayer Durahlend or suitable equivalent as necessary. KMG will
keep the Maintenance Segment free and clear of mud caused by KMG's operations on the
Property.
K\IG's private access drive on the Property from WCR 12 shall be improved as a
hard surface (concrete or asphalt) for the first fifty feet (50) from the street and then
improved as a crushed surface (concrete or asphalt) for one-hundred and fifty feet ( 150') past
the hard surface according to the Improved Standard pursuant to paragraph 1. above.
4. KM(i and Erie recognize that as a prerequisite to KMG's commencement of the
improvements referred to in paragraph 1 hereof. Eric shall issue an access permit to KMG for
its access oft of Weld County Road 12 to the Property. Erie agrees upon the execution of
this Agreement by both Parties and the tiling H KMG of a completed access permit
application incorporating the teens of this Agreement along with the appropriate tiling fee.
Erie will issue the access permit forthwith.
Roth Panics acknowledge and agree that the Original Road is a public road. and both
Parties acknowledge and agree that as such, they shall use the Original Road with due regard
Ior the rights of others. The use of the Original Road by either Party shall not materially
interfere or impair the road use of any of the other parties or the public.
6. This Agreement shall remain in effect as long as KMG is conducting oil and gas
operations on the Property.
7. This Agreement shall he governed by the laws of the state of Colorado without giving
effect to its conflict of laws provisions.
8. All notices or other communications required or permitted under this Agreement shall
he in writing addressed to the Parties set forth below and 1 ) sent by certified or registered
U.S, mail. 2) delivered by hand or courier. or 3) transmitted via facsimile transmission. The
date of service delivery is the date such notice is received by the addressees and. if by
facsimile, is the date sent as evidenced by fax machine generated confirmation. Any Parts
may. H written notice so delivered to the other Parties. change the address or individual to
which delivery shall thereafter he made.
Page 2 of 3
and Alimo an,e.larccment_
1111ectnc[',Jolla l ]Inl9
Kerr-McGee Oil and Gas Onshore LP
1099 18th Street
Denier, CO 80202
Toss n of Erie
645 Holbrook Street
P.O. Box 750
Erie, Colorado 80516
Attn: Director of Public Works
pbis Agreement and all of the covenants contained herein shall he binding upon the
Parties. their successors and assigns.
10. I his Agreement sets forth the entire understanding between the Parties with respect to
the subject matter hereof and supersedes previous agreements. whether oral or written. No
change of any of the terms or conditions shall he ' alid or binding unless in writing and
signed by an authorized representative of each Party.
11. his Agreement may he executed in counterparts and if so executed. all of the
counterparts shall he deemed a single agreement and each counterpart shall have the same
force and effect as if all of the Parties had joined in the execution thereof.
In Witness Whereof. the Parties have executed this Agreement effective as of the day
and year First written above.
Kerr-McGee Oil and Gas Onshore LP Toss n of Eric
131 : Michael A. Nixson B1 : Bike Acimovic
Agent and Attorney-In-Fact I oven Adniinsitrator
•
SIUNAII:ItI-. sI(iNAIIIRIVh ---
DATE. I,J ,.`� DA II. ‘C.714164, �2e)
CLI
Page 3 of
R.,.id I'.;and Atainlcnancc A„reen cnt.
I tlectn UcloheI I.2009
DRM - Submittal Sheets - F.iP Page 1 of I
Land > Lease > Lease
Sender Name: Carole Price
Date Created: 03/11/2010
Barcode Expires: 04/10/2010
Department: Land Record
Security: Non-Privileged
1233005 COLOR DOCUMENT
Description ROAD MAINTENANCE
Document Date 10/01/2009
Lease Document Type Original Lease
New Lease Packet No
New Well Handoff No
Lease Number Suffix CO-S00051957
Group Code LSE
Lessor Name TOWN OF ERIE, KERR MCGEE, ANADARKO
Prospect Name WATTENBERG FIELD (KMG)/5-42100026
State County COLORADO-\VELD(1231
Create another submittal sheet:
Nov.. I Based On This One
http://dv°frweb/UTAGenericlmport'uiagenericimport/sheetdo?id-1233005. 3/11/2010
Notice Criteria Tool Page 1 of 2
4 Federal Aviation
P Administration a OE/ AAA
Notice Criteria Tool
The requirements for filing with the Federal Aviation Administration for proposed structures vary based on a
number of factors:height,proximity to an airport,location,and frequencies emitted from the structure,etc.For
more details,please reference CFR T tie 14 Part I!9.
You must file with the FAA at least 45 days prior to construction if:
your structure will exceed 200ft above ground level
your structure will be in proximity to an airport and will exceed the slope ratio
your structure involves construction of a traverseway(i.e.highway,railroad,waterway etc...)and once
adjusted upward with the appropriate vertical distance would exceed a standard of 77.9(a)or(b)
your structure will emit frequencies,and does not meet the conditions of the FAA Co-location rolicy
your structure will be in an instrument approach area and might exceed part 77 Subpart C
your proposed structure will be in proximity to a navigation facility and may impact the assurance of
navigation signal reception
your structure will be on an airport or heliport
filing has been requested by the FAA
If you require additional information regarding the filing requirements for your structure,please identify and
contact the appropriate FAA representative using the Air Traffic Areas o`Responsibility r-a:.:for Off Airport
construction,or contact the FAA Airports Region/District D-lire for On Airport construction.
The tool below will assist in applying Part 77 Notice Criteria.
Latitude: 140 I Deg 104 IM 132.95 IS N •
Longitude: 1104 I Deg 159 IM 150.08 IS W
Horizontal Datum: NAD83 •
Site Elevation(SE): 15050 ((nearest foot)
Structure Height(AGL): 1190 I(nearest foot)
Traversew ay: NoTraverseway •
(Additional height is added to certain structures under 77.9(c))
Is structure on airport: o No
Yes
Results
You do not exceed Notice Criteria.
https://oesaa.faa.gov/oeaaa/external/gi sTool s/gi sA cti onj sp 10/17/201
Notice Criteria Tool Page 2 of 2
Longmont Municipal Airport
KMG-19-3i Proposed Tower Location
\ Erie Municipal Airport
https://oeaaa.fea.gov/o external/gisTools/gisAction.jsp 10/17/201
NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION
§77.7 Form and time of notice. (3)25 to 1 for a horizontal distance of
(a) If you are required to file notice under§77.9, 5,000 ft. from the nearest point of the nearest
you must submit to the FAA a completed FAA landing and takeoff area of each heliport
Form 7460-1, Notice of Proposed Construction described in paragraph (d)of this section.
or Alteration. FAA Form 7460-1 is available at
FAA regional offices and on the Internet. (c)Any highway, railroad, or other traverse way
for mobile objects, of a height which, if adjusted
(b)You must submit this form at least 45 days upward 17 feet for an Interstate Highway that is
before the start date of the proposed construction part of the National System of Military and
or alteration or the date an application for a Interstate Highways where overcrossings are
construction permit is filed, whichever is earliest. designed for a minimum of 17 feet vertical
distance, 15 feet for any other public roadway, 10
(c) If you propose construction or alteration that is
feet or the height of the highest mobile object that
also subject to the licensing requirements of the
would normally traverse the road, whichever is
Federal Communications Commission (FCC), greater, for a private road, 23 feet for a railroad,
you must submit notice to the FAA on or before and for a waterway or any other traverse way not
the date that the application is filed with the FCC. previously mentioned, an amount equal to the
(d) If you propose construction or alteration to an height of the highest mobile object that would
existing structure that exceeds 2,000 ft. in height normally traverse it, would exceed a standard of
above ground level (AGL),the FAA presumes it paragraph (a)or(b)of this section.
to be a hazard to air navigation that results in an (d)Any construction or alteration on any of the
inefficient use of airspace. You must include following airports and heliports:
details explaining both why the proposal would (1)A public use airport listed in the
not constitute a hazard to air navigation and why Airport/Facility Directory, Alaska Supplement,or
it would not cause an inefficient use of airspace. Pacific Chart Supplement of the U.S.
(e)The 45-day advance notice requirement is Government Flight Information Publications;
waived if immediate construction or alteration is (2)A military airport under construction,
required because of an emergency involving or an airport under construction that will be
essential public services, public health, or public available for public use;
safety. You may provide notice to the FAA by any (3)An airport operated by a Federal
available, expeditious means. You must file a agency or the DOD.
completed FAA Form 7460-1 within 5 days of the (4)An airport or heliport with at least
initial notice to the FAA. Outside normal business one FAA-approved instrument approach
hours, the nearest flight service station will procedure.
accept emergency notices.
(e)You do not need to file notice for construction
§77.9 Construction or alteration requiring or alteration of:
notice. (1)Any object that will be shielded by
If requested by the FAA, or if you propose any of existing structures of a permanent and
the following types of construction or alteration, substantial nature or by natural terrain or
you must file notice with the FAA of: topographic features of equal or greater height,
and will be located in the congested area of a
(a)Any construction or alteration that is more city, town, or settlement where the shielded
than 200 ft. AGL at its site. structure will not adversely affect safety in air
(b)Any construction or alteration that exceeds an navigation;
imaginary surface extending outward and upward (2)Any air navigation facility, airport
at any of the following slopes: visual approach or landing aid, aircraft arresting
(1) 100 to 1 for a horizontal distance of device, or meteorological device meeting FAA-
20,000 ft. from the nearest point of the nearest approved siting criteria or an appropriate military
runway of each airport described in paragraph (d) service siting criteria on military airports, the
of this section with its longest runway more than location and height of which are fixed by its
3,200 ft. in actual length, excluding heliports. functional purpose;
(2)50 to 1 for a horizontal distance of
10,000 ft. from the nearest point of the nearest (3)Any construction or alteration for
runway of each airport described in paragraph (d) which notice is required by any other FAA
of this section with its longest runway no more regulation.
than 3,200 ft. in actual length, excluding heliports. (4)Any antenna structure of 20 feet or less in
height, except one that would increase the height
of another antenna structure.
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76193
Fax: (817)321-7765
Phone: (817)321-7750
Website: https://oeaaa.faa.gov
INSTRUCTIONS FOR COMPLETING FAA FORM 7460-1
PLEASE TYPE or PRINT
ITEM#1. Please include the name, address and phone number of a personal contact point as well as the company name.
ITEM#2. Please include the name, address and phone number of a personal contact point as well as the company name.
ITEM#3. New Construction would be a structure that has not yet been built.
Alteration is a change to an existing structure such as the addition of a side mounted antenna, a change to the marking and lighting, a
change to power and/or frequency, or a change to the height. The nature of the alteration shall be included in ITEM #21 "Complete
Description of Proposal".
Existing would be a correction to the latitude and/or longitude,a correction to the height,or if filing on an existing structure which has never
been studied by the FAA. The reason for the notice shall be included in ITEM#21 "Complete Description of Proposal".
ITEM #4. If Permanent, so indicate. If Temporary, such as a crane or drilling derrick, enters the estimated length of time the temporary
structure will be up.
ITEM#5. Enter the date that construction is expected to start and the date that construction should be completed.
ITEM#6. Please indicate the type of structure. DO NOT LEAVE BLANK.
ITEM #7. In the event that obstruction marking and lighting is required, please indicate type desired. If no preference, check "other" and
indicate "no preference" DO NOT LEAVE BLANK. NOTE: High Intensity lighting shall be used only for structures over 500' AGL. In the
absence of high intensity lighting for structures over 500'AGL,marking is also required.
ITEM#8. If this is an existing tower that has been registered with the FCC,enter the FCC Antenna Structure Registration number here.
ITEM #9 and #10. Latitude and longitude must be geographic coordinates, accurate to within the nearest second or to the nearest
hundredth of a second if known. Latitude and longitude derived solely from a hand-held G P S instrument is NOT acceptable. A
hand-held GPS is only accurate to within 100 meters (328 feet) 95 percent of the time. This data, when plotted, should match the site
depiction submitted under ITEM#20.
ITEM#11. NAD 83 is preferred;however, latitude and longitude may be submitted in NAD 27. Also, in some geographic areas where NAD
27 and NAD 83 are not available other datum may be used. It is important to know which datum is used. DO NOT LEAVE BLANK.
ITEM#12. Enter the name of the nearest city and state to the site. If the structure is or will be in a city,enter the name of that city and state.
ITEM#13. Enter the full name of the nearest public-use(not private-use) airport or heliport or military airport or heliport to the site.
ITEM#14. Enter the distance from the airport or heliport listed in#13 to the structure.
ITEM#15. Enter the direction from the airport or heliport listed in#13 to the structure.
ITEM#16. Enter the site elevation above mean sea level and expressed in whole feet rounded to the nearest foot(e.g. 17'3"rounds to 17',
17'6"rounds to 18'). This data should match the ground contour elevations for site depiction submitted under ITEM#20.
ITEM#17. Enter the total structure height above ground level in whole feet rounded to the next highest foot (e.g. 17'3" rounds to 18').
The total structure height shall include anything mounted on top of the structure, such as antennas, obstruction lights, lightning
rods, etc.
ITEM#18. Enter the overall height above mean sea level and expressed in whole feet. This will be the total of ITEM#16+ITEM#17.
ITEM#19. If an FAA aeronautical study was previously conducted,enter the previous study number.
ITEM #20. Enter the relationship of the structure to roads, airports, prominent terrain, existing structures, etc. Attach an 8-1/2" x 11"
non-reduced copy of the appropriate 7.5 minute U.S. Geological Survey (USGS)Quadrangle Map MARKED WITH A PRECISE INDICATION
OF THE SITE LOCATION. To obtain maps, contact USGS at 1-888-275-8747 or via internet at http://store.usgs.gov. If available,
attach a copy of a documented site survey with the surveyor's certification stating the amount of vertical and horizontal accuracy in feet.
ITEM#21.
• For transmitting stations,include maximum effective radiated power(ERP)and all frequencies.
• For antennas,include the type of antenna and center of radiation(Attach the antenna pattern,if available).
• For microwave,include azimuth relative to true north.
• For overhead wires or transmission lines,include size and configuration of wires and their supporting structures(Attach depiction).
• For each pole/support,include coordinates,site elevation,and structure height above ground level or water.
• For buildings,include site orientation,coordinates of each corner,dimensions,and construction materials.
• For alterations,explain the alteration thoroughly.
• For existing structures,thoroughly explain the reason for notifying the FAA(e.g.corrections,no record or previous study,etc.).
Filing this information with the FAA does not relieve the sponsor of this construction or alteration from complying with any other
federal, state or local rules or regulations. If you are not sure what other rules or regulations apply to your proposal,contact
local/state aviation's and zoning authorities.
Paperwork Reduction Work Act Statement:This intmmation is collected to evaluate the effect of proposed construction or alteration on air navigation and is not confiidentlal.Providing this information is mandatory or anyone
proposing construction or alteration that meets or exceeds the criteria contained in 10 CFR,part 77 We estimate that the burden of this collection is an average 19 minutes per response,including the time for reviewing
instructions,searching existing data sources,gathering and maintaining the data needed,completing and reviewing the collection of information.A federal agency may not conduct or sponsor,and a person is not required to
respond to,nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently
valid OMB Control Number.The OMB control number associated with this collection is 212O0001.Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at:
890 Independence Ave SW,Washington,DC 20591,Ann:Information Collection Clearance Officer.AES-200.
Fcrm 7460-1(2-12)Superseded Previous Edition Electronic Version(Adobe) NSN. 0052-00-012-0009
Form Approved OMB No.2120-0001
Please Type or Print on This Form Expiration Date:8/31/2014
FOR FAA USE ONLY
Failure To Provide All Requested Information May Delay Processing of Your Notice
Aeronautical Study Number
U.S.Department of Transportation Notice of Proposed Construction or Alteration
Federal Aviation Administration
1. Sponsor(person, company, etc.proposing this action):
9. Latitude: 40 D 4' ' 32.34"
Attn. Elizabeth Smith of:
104 o 59' 50.97"
Name: Kerr McGee Oil&Gas Onshore LP 10. Longitude:
Address: 1099 18th Street 11. Datum: El NAD 83 U NAD 27 Other
12. Nearest: City: Erie Slate CO
City: Denver State: CO Zip: 80202 13. Nearest Public-use(not private-use)or Military Airport or Heliport:
p 720-929-6038 ERIE Mnn apaiAmon
Telephone: Fax:
14. Distance from#13.to Structure: 4.57
2. Sponsor's Representative (if other than#1): 30.61 Azimuth
15. Direction from#13.to Structure:
Attn. of: 16. Site Elevation(AMSL): 5050 H
Name: 190 g,
17. Total Structure Height(AGL):
Address: 5240 ft
18. Overall Height(#16+#17)(AMSL):
19. Previous FAA Aeronautical Study Number(if applicable):
City: State: Zip:
-OE
Telephone: Fax:
20. Description of Location: (Attach a USGS 7.5 minute Quadrangle Map with the
3. Notice of: ENew Construction ❑ Alteration ❑ Existing precise site marked and any certified survey)
4. Duration: ❑ Permanent ❑ Temporary( months, days) Location Map attached.
5. Work Schedule: Beginning 11/15/2013 End 1/30/2014
6. Type: E Antenna Tower ❑ Crane ❑ Building ❑ Power Line
❑ Landfill ❑Water Tank ❑ Other
7. Marking/Painting and/or Lighting Preferred:
❑ Red Lights and Paint ❑v Dual-Red and Medium Intensity
❑ White-Medium Intensity ❑ Dual-Red and high Intensity
❑ While-High Intensity ❑ Other
8. FCC Antenna Structure Registration Number(if applicable):
21. Complete Description of Proposal:
Frequency/Power(kW)
Installation of a 190 foot communication tower to provide adequate bandwidth for
communication with surrounding Kerr McGee Oil & Gas Onshore LP (a subsidiary
company of Anadarko Petroleum Corporation) assets in the area.
Notice is required by 14 Code of Federal Regulations,part 77 pursuant to 49 U.S.C.,Section 44718. Persons who knowingly and willingly violate the notice
requirements of part 77 are subject to a civil penalty of$1,000 per day until the notice is received,pursuant to 49 U.S.C.,Section 46301(a)
I hereby certify that all of the above statements made by me are true,complete,and correct to the best of my knowledge. In addition,I agree to mark and/or light the
structure in accordance with established marking&lighting standards as necessary.
Date Typed or Printed Name and Title of Person Filing Notice Signature
Elizabeth Smith
FAA Form 7460-1 (2-12)Supersedes Previous Edition NSN: 0052-00-012-0009
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