HomeMy WebLinkAbout20130369.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION
Moved by Bill Hall, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR12-0071
APPLICANT: RC LAND INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (BUNKER STORAGE OF EXPLOSIVES
UTILIZED IN FRACKING OF OIL AND GAS WELLS) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: S2 SECTION 29, T9N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 100 AND EAST OF AND ADJACENT TO
CR 27
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G A.Policy 7.2. states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be compatible with the
region."
Section 22-2-100 2. OG.Policy 1.2. states: "Oil and gas support facilities which do not rely on
geology for locations should locate in commercial and industrial areas, when possible, and
should be subject to review in accordance with the appropriate sections of this Code."
The proposed bunker storage facility will store explosives to be utilized in the fracking of oil
and gas wells.
The proposed bunker storage area will be located on an approximately 2 acre site in the
interior of an existing vacant parcel and will generate approximately 4 vehicle trips per day.
The nearest residences are located approximately 2,000 feet to the southwest and and 2,500
feet to the southeast of the site. Per the BATF the bunkers are required to be located a
minimum of 1,600 feet from the nearest occupied structures. The impacts of the use to the
surrounding area will be minimal.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A)
Zone District. Section 23-3-40.S of the Weld County Code allows A Site Specific
Development Plan and Use by Special Review Permit 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 map or plan filed prior to adoption of any regulations controlling subdivisions in
the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed bunker storage area will be located on an
approximately 2 acre site in the interior of an existing vacant parcel and will generate
approximately 4 vehicle trips per day to and from the site for pick up and/or storage of
materials. The nearest residence is located approximately 2,000 feet to the southwest of the
site. Per the BATF the bunkers are required to be located a minimum of 1,600
c/3- 03109'
RESOLUTION USR12-0071
RC LAND INC
PAGE 2
feet from the nearest occupied structures. The impacts of the use to the surrounding area will
be minimal given the location and minimal traffic generated by this use.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the 3 -mile referral area of the Town of Nunn. The
parcel that the USR is proposed to be located on borders the Town of Nunn to the south and
west. The Town of Nunn in their referral comments dated November 19, 2012 stated that they
have no concerns.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
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 site is located
on land designated as "High Potential Dry Cropland/Prime If They Become Irrigated" per the
according to the according to the Important Farmlands Map of Weld and Larimer Counties.
The proposed USR site will encumber a total of two (2) acres of a larger parcel.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County. Conditions of approval and
development standards will ensure adequate provisions for the protection of health, safety
and welfare of the inhabitants of the neighborhood and the 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 Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit evidence of an Explosives Permits from the Colorado
Department of Labor & Employment, Oil and Public Safety Division (7 C.C.R. 1101-9) and
from the Bureau of Alcohol, Tobacco and Firearms, Federal Explosives Licensing Center
(18 U.S.C. Chapter 40, Explosives). Alternately, the applicant can provide evidence from
the Division that they are not subject to these requirements. (Department of Public Health
and Environment)
B. The applicant shall submit a list of the explosives being stored at the facility. (Department
of Public Health and Environment)
C. An executed lease agreement between Nick Varra — Soar'NV LLC and RC Land, Inc.
shall be provided to the Department of Planning Services. (Department of Planning
Services)
An executed lease agreement between Nick Varra — Soar'NV LLC and GEODynamics
shall be provided to the Department of Planning Services. (Department of Planning
Services)
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RESOLUTION USR12-0071
RC LAND INC
PAGE 3
The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR12-0071 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.O of the Weld
County Code. (Department of Planning Services)
The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent public rights -of -way and
adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
5. County Road 100 is designated on the Weld County Road Classification Plan as
collector road, which requires 80 -feet of right-of-way at full build out. The applicant
shall verify and delineate on the plat the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the edge of future
right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. (Department of Public Works)
6. Please show the access on the Plat and label it with the approved Access Permit
number (will be provided). The access shall be constructed with adequate turning
radiuses (45 -foot minimum) of an all weather material to prevent tracking onto the
County roadway. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within one -hundred twenty (120) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance 2012-3 approved 6/12/2012, should the plat not be
recorded within the required one -hundred twenty (120) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to: maps(th..co.weld.co.us. (Department of Planning Services)
5. Prior to Release of Building Permits:
a. A building permit will be required for the explosive bunker. All site improvements will be
required to follow all applicable ATF regulations A building permit application must be
completed and two complete sets of engineered plans including engineered foundation plans
bearing the wet stamp of a Colorado registered architect or engineer must be submitted for
review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required or a open hole inspection. (Department of Building Inspection)
RESOLUTION USR12-0071
RC LAND INC
PAGE 4
b. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County:
2012 International Building Code; 2012 International Mechanical Code; 2012 International
Plumbing Code: 2006 International Energy Code; 2012 International Fuel Gas Code; 2011
National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
c. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
6. Prior to Construction:
a. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a stormwater discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and Environment.
(Department of Public Works)
b. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment control
plan, a grading plan, installation details of all BMPs to be utilized, typical installation and
maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE
stormwater permit. (Department of Public Works)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Jordan Jemiola.
VOTE:
For Passage
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 15, 2013.
Dated the 151h of January, 2013
Digitally signed by Kristine
Ranslem
Date: 2013.01.18 14:28:38 -0700'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Varra — Soar'NV LLC
USR12-0071
A Site Specific Development Plan and Special Review Permit for A Site Specific Development Plan
and Use by Special Review Permit for an Oil and Gas Support and Service Facility (bunker storage of
explosives utilized in fracking of oil and gas wells) in the A (Agricultural) Zone District. (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 amount of explosives to be stored on site shall not exceed 7,000 pounds. (Department of
Planning Services)
4. The application indicates that the USR site is being leased for a total of five (5) years with an option
for another five (5) years. In the event that the lease is not renewed or further extended. All activities
related to USR12-0071 shall be suspended and improvements related to USR12-0071 shall be
removed. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. The operation shall comply with the Colorado Department of Labor & Employment, Division of Oil
and Public Safety Explosive Regulations (7 C.C.R. 1101-9) as well as Federal Bureau of Alcohol,
Tobacco and Firearms regulations. (Department of Public Health and Environment)
12. 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)
13. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
14. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
15. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
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RESOLUTION USR12-0071
RC LAND INC
PAGE 6
16. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
17. 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 constructed as traffic control devices. (Department of
Planning Services)
18. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other than grasses, needs
to be maintained at a maximum height of 12 inches until the area is completely developed.
(Department of Public Works)
19. 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.
20. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
21. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
22. In the event that 1 or more acres are disturbed during the construction and development of this site,
the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the
Colorado Department of Public Health and Environment. (Department of Public Works)
23. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment control plan, a
grading plan, installation details of all BMPs to be utilized, typical installation and maintenance notes
for all BMPs to be utilized, and a copy of the approved CDPHE stormwater permit. (Department of
Public Works)
24. A building permit will be required for the explosive bunker. All site improvements will be required to
follow all applicable ATF regulations A building permit application must be completed and two
complete sets of engineered plans including engineered foundation plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review. A geotechnical engineering
report performed by a registered State of Colorado engineer shall be required or a open hole
inspection. (Department of Building Inspection)
25. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2012 International
Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code: 2006
International Energy Code; 2012 International Fuel Gas Code; 2011 National Electrical Code; 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
26. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
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RESOLUTION USR12-0071
RC LAND INC
PAGE 7
27. The 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.
28. 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.
29. 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, 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.
pc. 1-15.13
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
•
Tuesday, January 15, 2013
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark
Lawley, Nick Berryman, Robert Grand.
Also Present: Chris Gathman and Diana Aungst, Department of Planning Services; Heidi Hansen,
Department of Public Works; Lauren Light and Mary Evett, Department of Health; Brad Yatabe, County
Attorney, and Kris Ranslem, Secretary.
Motion: Approve the December 18, 2012 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Bill Hall. Motion passed unanimously.
CASE NUMBER: USR12-0064
APPLICANT: DAVID & KAYLEEN HUNT, C/O A&W WATER SERVICE, INC.
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL
AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B 2ND CORR REC EXEMPT RE -3929; PART NW4 SECTION 33, T4N,
R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO HWY 85 AND SOUTH OF AND ADJACENT TO
CR 40.
Diana Aungst, Planning Services, stated that the applicant is requesting withdrawal of this case due to the change in
the market conditions in truck loads and the costs associated with permitting this site.
CASE NUMBER: USR12-0058
APPLICANT: TIMOTHY THOMPSON, C/O A&W WATER SERVICE, INC.
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL
AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B CORR REC EXEMPT RE -3994; PART SE4 SECTION 6, T3N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO HWY 85 AND NORTH OFAND ADJACENT TO
CR 36.
Diana Aungst, Planning Services, stated that the applicant is requesting withdrawal of this case as well
for the same reasons as stated for the previous case.
CASE NUMBER: USR12-0071
APPLICANT: RC LAND INC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (BUNKER STORAGE OF
EXPLOSIVES UTILIZED IN FRACKING OF OIL AND GAS WELLS) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: S2 SECTION 29, T9N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 100 AND EAST OF AND ADJACENT TO
CR 27.
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Chris Gathman, Planning Services, presented Case USR12-0071, reading the recommendation and
comments into the record. In their referral, the Town of Nunn indicated no conflicts or concerns with their
interests. No emails, phone calls or correspondence were received from surrounding property owners in
regard to this case; however staff has been contacted by some newspapers and also a TV station
regarding this request. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Commissioner Grand asked how close the nearest residence is. Mr. Gathman said the nearest residence
is approximately 1600 feet from the site.
Heidi Hansen, Public Works, reported on the existing and proposed traffic, access and drainage
conditions and the requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Nick Varra, 48645 CR 29, said that he owns the building at 829 South Highway 85 Frontage Road which
he leases to GEODynamics. He introduced Kevin Carter with GEODynamics.
Kevin Carter, GEODynamics, provided pictures of the magazines that will be stored in the bunker. He
said that these devices are not used in fracking process; however they deliver guns, explosives, and
detonator chord to perforate the well casing prior to the fracking process. The bunkers in the pictures are
built to ATF specifications and provide storage for these explosives. There is no manufacturing of the
explosives on site or in Nunn Colorado. The completed product is stored as components and then
delivered to service companies which are then put together. The guns that are used are stored in Nunn
Colorado because certain explosives need to be segregated. All of the detonators, detonator chords and
shape chargers will be stored in the bunker facility.
Commissioner Hall asked if the applicant was aware of any explosions of this product outside of a well
area. Mr. Carter replied that he is not aware of any explosives since all the components need to be
present to create the explosive.
Commissioner Grand said that he understands that the explosives are not assembled in this storage
facility but inquired what could potentially cause an ignition. Mr. Carter said that the bunkers are
designed to withstand fire and added that if there were a fire it would need to surround it for a week
before it would get inside the bunker facility. He added that in worst case scenario the magazines are
designed that it would explode at the top of the facility instead of the sides.
Nick Varra said that the pad site is a gravel lot that is 100 foot around the facility and will have an 8 foot
chain link fence with barb wire on top for protection. Mr. Carter said that there will be a security system
and motion detectors on site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Gary Lefko stated that he lives in Nunn, Colorado. He said that he believes there is a breakdown in the
notification process. They were first aware of the request when driving by the posted yellow sign. Initially
they thought it was for an oil and gas facility but then read the sign and saw explosives. He asked who
retrieves the munitions out of the bunker and are they properly trained in the removal of the munitions
pieces.
Commissioner Maxey asked Mr. Lefko where he lived from the site. Mr. Lefko showed on a visual map
that he lives approximately two (2) miles to the east of the site. Mr. Maxey noted that any landowner
within 500 feet of the property boundary is notified. Mr. Gathman added that any pending land use case
is also posted on the Weld County Website.
Commissioner Berryman asked if there was anything that Mr. Lefko wished to propose to change. Mr.
Lefko said that his main concern was that he was not notified.
2
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Jean Rouse, 15627 CR 108, stated that they own the adjacent property to the site. She stated that their
concerns are safety and the degradation of the property value. With regard to safety she asked if the Fire
Department is equipped to handle this if there is an explosion. She asked why these explosives cannot
be stored where they are made. In the event of a fire caused by an explosion, she said that their crops
would be lost and wondered who would pay for that loss.
Eric Powers, 321 Roosevelt Ave, Nunn, Colorado, said that he lives over 500 feet and is concerned with
the possibility of a flood. He is concerned that the level of water might seep into the chemicals and
distribute it throughout the land area. He asked if they are planning to build up enough of a barrier
around the bunker to avoid this.
Commissioner Hall asked if this site is located in the floodplain. Ms. Hansen said that there is floodplain
through a portion of the northeast part of the property; however the bunker itself is not located in the
floodplain.
Mr. Carter reiterated that the explosives do not have anything to do with fracking processing; rather it is
used prior to the fracking process. The explosives are used for perforating the well casing. Chemicals
are used in the fracking process; however they do not have any chemicals stored in this facility therefore
there should be no concern of it washing into the water. Mr. Carter provided a handout of the process of
perforating the formation in which the explosives are used.
Commissioner Grand asked if the applicant has contacted the Nunn Fire Department. Mr. Carter said
that they have talked to the Nunn Fire Department and he was told that they would respond if there was
an incident. If there are explosives that are actively firing the Nunn Fire Department will not be able to
respond to that according to ATF regulations; however if it causes a grass fire they will respond to that.
Mr. Varra noted that he is a member of the Nunn Fire Department and assured them that they are
equipped to handle any grass fires. He indicated that the Nunn Fire Department is located approximately
IA mile from this site.
Commissioner Maxey asked who will be removing or delivering the charges and are they trained to
handle explosives. Mr. Carter said that he will be the only one granted access to the site. He has served
22 years in the Military Infantry and has worked with Halliburton Wireline. He also holds a Blasters Permit
in the State of Colorado.
Commission Maxey asked why these explosives are not stored at the other facility in Nunn. Mr. Carter
said that he cannot store it in Nunn because of the close proximity of inhabitable buildings to the facility.
They can only store up to 50 pounds of explosive charges in this building.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR12-0071 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bill Hall, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Nick Berryman, Robert Grand.
CASE NUMBER: PUDZ12-0003
APPLICANT: BIG THOMPSON INVESTMENT HOLDINGS LLC
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT
FOR SIX (6) LOTS WITH C-3 (BUSINESS COMMERCIAL), I-1, 1-2, AND 1-3
(INDUSTRIAL) USES.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -4915; PART S2SE4 SECTION 35, T6N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 62 AND WEST OF AND ADJACENT TO
CR 47.
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