HomeMy WebLinkAbout20131461.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0009, FOR OIL AND GAS PRODUCTION FACILITIES (32 WELLS,
16 OIL TANKS, 2 WATER TANKS, 10 SEPARATORS) IN THE R-1 (LOW -DENSITY
RESIDENTIAL) ZONE DISTRICT - RICHMARK ENERGY PARTNERS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 19th day
of June, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Richmark Energy Partners, LLC, P.O. Box 328, Greeley, Colorado
80632, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0009,
for Oil and Gas Production Facilities (32 wells, 16 oil tanks, 2 water tanks, 10 separators) in the
R-1 (Low -Density Residential) Zone District, on the following described real estate, being more
particularly described as follows:
Being part of the SW1/4 SE1/4 of Section 36,
Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Erin Matthews, Lamp,
Rynearson & Associates, Inc., 4715 Innovation Drive, Suite 100, Fort Collins, Colorado 80525,
and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-5-80.B (CM.Goal 2) states: "Promote the reasonable
and orderly development of mineral resources."
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SPECIAL REVIEW PERMIT (USR13-0009) - RICHMARK ENERGY PARTNERS, LLC
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2) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources."
3) Section 25-5-100.B (OG.Goal 2) states: "Ensure that the
extraction of oil and gas resources conserves the land and
minimizes the impact on surrounding land and the existing
surrounding land uses"
4) Section 25-5-100.B.9 (OG.Goal 2.9) states: "Impose protective
measures through available state, County and federal regulations
to ensure that the mineral operator conducts operations in a
manner that will minimize current and future environmental
impacts." The property owner, Richmark Energy Partners, LLC,
has reached an agreement with the facility operator, Mineral
Resources, Inc., regarding the surface use of the property, as well
as acquired a Setback Waiver (per COGCC Rule 603b) from the
adjacent neighbor to the east for well sites located near than 350
feet of an occupied structure. The permit is necessary in this case
because the property is zoned R-1 (Low -Density Residential).
This permit allows for a multiple well site and tank battery site,
which supports the orderly development of the mineral resource.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-110.D.6 of the Weld
County Code provides for Oil and Gas Production Facilities as a Use by
Special Review in the R-1 (Low -Density Residential) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The subject property
is zoned R-1 (Low -Density Residential) and has a single family dwelling
with detached garage currently being used as a rental. A portion of the
site is located within the 100 Year Floodplain. It is also located within the
City of Greeley Urban Growth Boundary and is in close proximity to a
number of existing low to high density residential subdivisions within City
of Greeley Limits. The Great Western Railway runs parallel and adjacent
to the north property line. The property directly north of the Great
Western Railway has been annexed by the City of Greeley and zoned I -M
(Industrial Medium Intensity); Oil and Gas Operations are a Use By
Special Review in the I -M Zone. Further to the north, there are a number
of existing gravel operations. The properties directly adjacent to the west
and east are zoned R-1 zoned in the county. The property to the west
has a 250 -foot tall tower owned by Greeley Broadcasting Company. The
property to the east has a residence that is located approximately 300
feet from the pad site as well. A copy of the setback waiver signed by the
property owner, as required by the Colorado Oil and Gas Conservation
Commission (COGCC), has been submitted with the application to reduce
the 350 -foot setback requirement for an occupied structure to 200 feet.
Further to the west, east and south are existing low to high density
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SPECIAL REVIEW PERMIT (USR13-0009) - RICHMARK ENERGY PARTNERS,
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residential developments. To the west is Clover Creek Subd
east are single family residences in the county, and to the
Axsom Subdivision and Norwood Subdivision. Best
Practices (BMPs) for noise abatement measures, including b
to, limiting noise producing activities between 9:00 p.m. to 6,
construction of temporary hay bales. No phone calls, let
correspondence have been received regarding the applicatio
Section 23-2-230.B.4 -- The uses which will be perm
compatible with future development of the surrounding area,
by the existing zoning, and with the future development, as
Chapter 22 of the Weld County Code and any other apt
provisions or ordinances in effect, or the adopted Master Plai
municipalities. The site is located within the three-mile refers
City of Greeley and is located within Greeley's Urban Grow
The City of Greeley annexed the property directly north witl
which provides for a Use by Special Review for Oil and Ga
The City of Greeley provided a detailed response receive
2013, and outlined a number of concerns that the appl
required to address such as access, water service, and stc
Urban scale development is not proposed and this will be
facility.
E. Section 23-2-230.6.5 -- The application complies with
Article V, of the Weld County Code. The site is located in a
Hazard Area, as shown on panel number 080266-0i
September 28, 1982, and on the Flood Boundary and Fl
panel #080266-003, dated September 28, 1990. The s
obtained Conditional Approval for construction of the facility
Hazard Development Permit FHDP-818. Building permits i;
property will be required to adhere to the fee structure of the
Road Impact Fee, County Facility Fee and Drainage
Programs.
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F. Section 23-2-230.B.6 -- The applicant has demonstrated a iligent effort
to conserve prime agricultural land in the locational de sion for the
proposed use. The site is not designated as "other la ds" per the
U.S.D.A. Soil Conservation Map, dated 1979.
G. Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the eighborhood
and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com issioners of
Weld County, Colorado, that the application of Richarmark Energy Partners, L , for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0009, fo Oil and Gas
Production Facilities (32 wells, 16 oil tanks, 2 water tanks, 10 separators) in the R-1
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SPECIAL REVIEW PERMIT (USR13-0009) - RICHMARK ENERGY PARTNERS, LLC
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(Low -Density Residential) Zone District, on the parcel of land described above be, and hereby
is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit written evidence to the Department of Planning
Services showing the access width requirements for emergency
equipment (City of Greeley Fire Department) and meet the requirements
set forth in the IFC Section 503.2.
B The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response dated April 1, 2013. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
C. The applicant shall attempt to address the concerns of the City of
Greeley, as outlined in the referral dated April 1, 2013. Written evidence
of such shall be submitted to the Department of Planning Services.
D. The existing residence is served by an existing septic system, Septic
Permit No. SE -0600083. The septic permit, issued in 2006, is a
Statement of Existing which is information provided by the property owner
on the size and location of an unpermitted septic system. The drawing
provided with the Statement of Existing did not show the location and
dimensions of the existing septic system. The applicant shall provide a
revised drawing showing the dimensions and location of the septic
system on the property.
E. An evaluation of the existing septic system for Septic Permit No.
SE -0600083 revealed an illegal graywater discharge. Specifically,
graywater was discharging on top of the ground, versus connected to the
septic system. The applicant shall submit documentation that the
graywater discharge has been connected to the septic system. The
Department of Public Health and Environment will perform an inspection
to verify.
F. The applicant shall submit documentation from the City of Greeley
indicating that water service is available and approved for the proposed
uses.
G. The applicant shall submit documentation demonstrating that the
secondary containment to be constructed around the aboveground tanks
complies with the Colorado Oil and Gas Conservation Commission's Rule
603.e.(12).
H. The applicant shall provide evidence to the Department of Planning
Services that all noncommercial junkyard (Weld County Code,
Chapter 23, Section 23-1-90) items located on the property are screened
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from all adjacent properties and public rights -of -way, or have been
removed from the property.
The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
J. No signs shall be structurally erected, enlarged, constructed,
reconstructed, relocated, refaced or otherwise altered without first
obtaining all required building permits from the Department of Building
Inspection and Department of Planning Services. The applicant must
submit a building permit for the existing sign located on the site.
K. The applicant shall submit evidence to the Department of Planning
Services that above -ground water storage tanks comply with
Section 29-3-20.6.18.
1) Open top, above -grade water storage tanks shall be designed by
a registered professional engineer or other certifying body;
approved by the County, to be compatible with the use. The
applicant shall provide a stamped copy of the engineered design
to the Department of Planning Services.
2) In conjunction with the engineered design, the applicant shall
provide to the Department of Planning Services, evidence of
insurance that will protect the party seeking the exemption,
owners of lands adjacent to, and immediately downstream from,
the property where the tank is to be located and the County from
claims for bodily injury, death or property damage, which may
arise from the excavation, installation, construction and/or
operation of the tank. The County must be named as an
"Additional Named Insured" upon said insurance policies.
L. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0009.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall verify the Great Western Railway Right -of -Way
and the documents creating the right-of-way shall be noted on the
plat with the recording information.
5) If the facility is to be secure, the applicant shall show the location
of the automatic gate. Gates should be designed to ensure future
right-of-way for West C Street is not encroached.
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6) All signage shall be shown on the plat. All signs shall comply with
Chapter 23, Article IV, Division 2, Signs of the Weld County Code.
7) The location of the existing septic system shall be located on the
plat. The septic system must be protected from all vehicle traffic.
8) The applicant shall show and label the boundaries of the 100 -year
floodplain.
9) Show and label all water storage areas.
10) 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 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.
11) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete or the equivalent and shall
be graded to prevent drainage problems.
2. Prior to Construction:
A. In the event that one (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 (CDPHE).
(condition met 5/21/13)
B. If more than one (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.
3. Within 45 days after the first production, the applicant shall submit evidence of an
Air Pollution Emission Notice (APEN) application from the Air Pollution Control
Division (APCD), Colorado Department of Public Health and Environment.
Alternately, the applicant may provide evidence from the APCD that they are not
subject to these requirements.
4. Upon completion of Conditions of Approval #1, #2 and #3 above, the applicant
shall submit an electronic version (.pdf), or three (3) paper copies, of the plat to
the Weld County Department of Planning Services for preliminary approval. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
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of the Weld County Code. Upon approval of the plat, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
6. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of June, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CQtJNLY ,COLORADO
ATTEST: °
Weld County Clerk to the Board
Sean P. Conway
✓7 P(l a.
to the Board
APPROVED AS TO
n orney
Date of signature: JUL 3 0 20
Rademaer, Pro-Tem
gnat LL atee vyw.__
Mike Freeman
EXCUSED
Barbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHMARK ENERGY PARTNERS, LLC
USR13-0009
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0009, is
for Oil and Gas Production Facilities (32 wells, 16 oil tanks, 2 water tanks, 10
separators) in the R-1 (Low -Density Residential) Zone District subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. 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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
8. The operation shall comply with Colorado Oil and Gas Conservation Commission Noise
Regulations, Rule 802.
9. The operation shall comply with all applicable oil and gas operations regulated by the
Colorado Oil and Gas Conservation Commission.
10. In accordance with Colorado Oil and Gas Conservation Commission Rule 603, berms or
other secondary containment devices in high density areas shall be constructed around
crude oil, condensate, and produced water storage tanks and shall enclose an area
sufficient to contain and provide secondary containment for one -hundred fifty percent
(150%) of the largest single tank. Berms or other secondary containment devices shall
be sufficiently impervious to contain any spilled or released material. No more than two
(2) crude oil or condensate storage tanks shall be located within a single berm.
11. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
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12. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of
in accordance with all applicable rules and regulations.
13. The Spill Prevention, Control and Countermeasure Plan shall be made available at all
times.
14. Adequate toilet facilities (portable toilets) shall be provided during drilling/construction.
15. Bottled water shall be utilized for drinking and hand washing during drilling/construction.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.).
17. The facility shall utilize the existing public water supply (City of Greeley).
18. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
19. 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.
20. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcel 0805-36-0-00-009 may not
be able to obtain building permits to construct non-agricultural structures. All
construction or improvements occurring in the floodplain, as delineated on Federal
Emergency Management Agency Flood Insurance Rate Map (FIRM) Community Panel
Map #080266-0628C, dated September 28, 1982, and on the Flood Boundary and
Floodway Map (FBFM) Panel #080266-003, dated September 28, 1990, shall comply
with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3
of the Weld County Code and all applicable FEMA regulations and requirements as
described in 44 CFR parts 59, 60, and 65.
21. Flood Hazard Development Permits will be required for development activities located
within the Federal Emergency Management Agency (FEMA) mapped Cache La Poudre
Floodplain. The FEMA definition of development is any man-made change to improved
or unimproved real estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of
equipment and materials.
22. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
23. This site is located in a State Designated, Municipal Separate Storm Sewer System
(MS4) Area which may trigger specific water quality requirements or other drainage
improvements if the lot develops further.
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DEVELOPMENT STANDARDS (USR13-0009) - RICHMARK ENERGY PARTNERS, LLC
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24. Weld County is not responsible for the maintenance of on -site drainage related features.
25. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices (BMPs).
26. The applicant is required to comply with Chapter 23, Article V, Section 23-5-260-N of the
Weld County Code for anchoring oil and gas facilities located in floodplains and
floodways where applicable.
27. The access drive shall consist of a graded and drained all-weather surface.
28. Building Permits issued on the proposed lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
29. 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.
30. The screening on the site shall be maintained in accordance with the approved
Screening Plan, at all times.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of Weld County Code.
33. 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.
34. 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.
35. 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.
36. The property owner or operator shall comply with all applicable rules and regulations of
state and federal agencies, including, but not limited to, the Colorado Oil and Gas
Conservation Commission rules and regulations, and the Weld County Code.
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37. Within 45 days after the first production, the applicant shall submit evidence of an Air
Pollution Emission Notice (APEN) application from the Air Pollution Control Division
(APCD), Colorado Department of Health and Environment. Alternately, the applicant
may provide evidence from the APCD that they are not subject to these requirements.
38. Open top, above -grade water storage tanks shall only be on -site during active drilling
operations.
39. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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