HomeMy WebLinkAbout20130555.tiffWELD COUNTY
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Case Number: USR12-0075
Applicant:
Address:
LAND USE APPLICATION
SUMMARY SHEET
PRELIMINARY
Hearing Date: February 19, 2013
Plains All American Pipeline, LP and subsidiary, Plains Marketing, LP
333 Clay Street, Suite 1600, Post Office Box 4648, Houston, TX 77002
Representative: Vince Harris, Baseline Corp., 700 121h Street, Suite 220, Golden, CO 80401
Request:
Legal
Description:
Location:
Size of Parcel:
A Site Development Plan and Use by Special Review for Mineral resource development facilities,
including transloading of a commodity from one mode of transportation to another including rail,
truck and pipeline transloading of commodities and materials, without limitation for oil and gas
industries, including petroleum products and storage related to same, the construction of an on -
site rail spur to create a "rail loop" of onsite track, new offices and support buildings, and related
equipment, a greater than 70 foot communication tower and the utilization of more than one cargo
container for storage in the A — Agriculture Zone District
All of Section 17 T2N, R63W South and East of railroad reservation of the 6th P.M.,
Weld County, Colorado
East of and adjacent to County Road 398, approximately one mile North of County Road 18
356 +/- acres Parcel Number: 1303-17-0-00-009
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses with comment from the following agencies:
• Town of Keenesburg, referral dated December 20, 2012, electronic mail dated January 3, 2013
• State of Colorado Division of Water Resources referral dated December 7, 2012
• Weld County Building Inspection referral dated December 14, 2012
Weld County Department of Public Works referral dated December 14, 2012, January 18, 2013
• Southeast Weld County Fire Protection District referral dated December 21, 2012, February 7, 2013
• Weld County Department of Public Health and Environment, referral dated January 3, 2013
The Department of Planning Services' staff has received responses without comment from the following agencies:
• Weld County Code Compliance, referral dated December 6, 2012
Weld County Sheriff's office referral dated December 6, 2012
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Ambulance Services
Weld County Office of Emergency Management
State of Colorado Department of Public Health and Environment
Plains All American Pipeline, LP. Tampa Facility, page 1
State of Colorado Department of Labor and Employment
State of Colorado Department of Transportation
State of Colorado Division of Parks and Wildlife
State of Colorado Historical Society
Weld County School District RE -3J
Burlington Northern Santa Fe Railroad
DCP Midstream, LP
Southeast Weld County Soil Conservation District
Plains All American Pipeline, LP. Tampa Facility, page 2
Case Number: USR12-0075
Applicant:
Address:
LAND USE APPLICATION
SUMMARY SHEET
PRELIMINARY
Hearing Date: February 19, 2013
Plains All American Pipeline, LP and subsidiary, Plains Marketing, LP
333 Clay Street, Suite 1600, Post Office Box 4648, Houston, TX 77002
Representative: Vince Harris, Baseline Corp., 700 12" Street, Suite 220, Golden, CO 80401
Legal
Description:
Location:
A Site Development Plan and Use by Special Review for Mineral resource development facilities,
including transloading of a commodity from one mode of transportation to another including rail,
truck and pipeline transloading of commodities and materials, without limitation for oil and gas
industries, including petroleum products and storage related to same, the construction of an on -
site rail spur to create a "rail loop" of onsite track, new offices and support buildings, and related
equipment, a greater than 70 foot communication tower and the utilization of more than one cargo
container for storage in the A — Agriculture Zone District
All of Section 17 T2N, R63W South and East of railroad reservation of the 6th P.M.,
Weld County, Colorado
East of and adjacent to County Road 398, approximately one mile North of County Road 18
Size of Parcel: 356 +/- acres Parcel Number: 1303-17-0-00-009
Narrative:
The proposed Plains All American Pipeline, LP, Tampa Oil Storage Rail Loading Facility will serve as a
transfer point for oil produced locally onto tanker rail cars for distribution to the market via rail. At the
proposed Tampa Facility oil will arrive at the site predominately via pipeline or tanker truck where it
is held in tanks until transferred to rail cars.
The oil will originate from local production and be brought to the site via pipeline and by crude oil tanker trucks.
The two pipelines, see attached two letters of commitment from two (2) producers, will be permitted and
constructed in the future post permitting approval of the Tampa Facility with this USR application. The crude oil
will be stored in tanks located on site with cone floating roofs prior to loading onto the rail tanker cars.
Burlington Northern Santa Fe [BNSF] will bring 104 tanker car unit trains to the site for loading. The facility as
designed will accommodate two unit trains simultaneously. The rail loading area is located to the eastern edge
of the site, away from County Road 398.
In addition to the industry rail improvements to be designed and constructed by BNSF, Plains will construct twin
150 feet diameter by 48 feet in height crude oil storage tanks, a rail car loading rack for delivery of the crude oil to
the rail tanker cars, a vapor combustion unit for collection of hydrocarbon vapors that are displaced during loading
of the oil, unloading metering stations, pipeline receiving manifolds and metering equipment, one office building,
storage buildings several small 50kw emergency generators for back-up power and a perimeter fence for site
security. There will be no pumps or process separators constructed at this facility.
Plains All American Pipeline, LP. Tampa Facility, page 3
Vehicular access will be from County Road 398 into the facility utilizing a new private railroad crossing to be
constructed by BNSF railroad and Plains All American Pipeline, LP.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect. Section 22-2-80.C.2. 'Policy 3.2 states "The land use
applicant should demonstrate that the roadway facilities associated with the proposed industrial
development are adequate in width, classification and structural capacity to serve the
development proposal. " The applicant, as a condition of approval will enter into an Improvement
Agreement with Weld County for the on -site and off -site improvements related to Weld County
regulation. A separate agreement is in process between Plains and the Town of Keenesburg,
including road improvements and with the Town of Keenesburg for the road and infrastructure
improvements associated with vehicle traffic associated with the Plains Transload Facility. Weld
County is not a party to this agreement in Keenesburg, but such agreement needs to be
completed and recorded prior to recording the USR Plat.
Section 22-2-80.E. I.Goal 5. states. "New industrial uses or expansion of existing industrial uses
should meet existing federal, state and local policies and legislation." Further, '.Policy 5.1.
Industrial uses should be evaluated using criteria, including but not limited to the effect the
industry would have on air and water quality, natural drainage ways, soil properties and natural
patterns and suitability of the land; I.Policy 5.2. Development improvements should minimize
permanent visual scarring from grading, road cuts and other site disturbances. Require
stabilization and landscaping of final land forms, and that runoff be controlled at historic levels."
The applicant will be required to submit an approved Drainage Report and supporting
construction drawings to address stormwater and drainage issues associated with the
development of this site. Further, the applicant will be required to obtain a grading permit if more
than one (1) acre is disturbed prior to construction which will include at a minimum 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.
Section 22-2-80.F. I.Goal 6. states "Minimize the incompatibilities that occur between industrial
uses and surrounding properties." The incompatibilities that occur between the proposed
industrial use as a transload yard and the surrounding properties are minimized due to various
factors. The closest distance the transload yard will be from neighboring properties is to the west,
where the facility is approximately 2000 feet to the nearest residence. The Burlington Northern
mainline is to the southeast of both Interstate 76 and County Road 398. The internal rail spur to
be constructed is sited on private lands owned by the Plains Marketing, LP. Furthermore, there is
a substantial setback from County Road 398 which lessens the impact of the facility. As this is
an industrial facility, a security fence with limited points of access is to be installed at the site's
perimeter, and a Lighting plan is required demonstrating that the site lighting will be downcast and
shielded and utilized for nighttime security and emergency work only. Further, any source of
light, either directed or reflected light, on site shall be shielded so that light rays will not shine
directly onto adjacent to adjacent properties, including public rights -of -way where such would
Plains All American Pipeline, LP. Tampa Facility, page 4
cause a nuisance or interfere with the use of the adjacent properties, including the potential to
create a traffic hazard to operators of motor vehicles on the adjacent road systetms.
Section 22-2-80.G. I.Goal.7 states "Recognize the importance of railroad infrastructure to some
indust-rial uses." Section 22-2-80.G.1 I.Policy 7.1 states "Support the continued and expanded
use of existing railroad infrastructure for industrial uses." The proposed facility will utilize the
Burlington Northern railroad mainline and two private internal rail loop track spurs within the
property boundary. The spurs are being constructed by BNSF contractors for use in this
petroleum (crude oil) transload facility. A crude oil rail loading facility will contribute to the
expansion of the County's industrial economic base by providing increased capacity to an
essential function in the marketing of oil produced in Weld County.
Section 22-6-20.A ECON.Goal 1. States "Encourage the expansion of existing business and the
location of new industries that will provide employment opportunities in the County." In addition to
the permanent employees, the Plains Transload Facility will be served at time by contractors,
truck drivers, and railroad personnel. It is anticipated that twenty (20) deliveries or contractor
visits, including postal deliveries will occur each day. Further, the facility will employ
approximately sixty (60) employees, two shifts of twenty employees working 12 -hours shifts at a
facility operating 24 hours each day, 365 days per year. That said, not all employees will be on
site at the same time.
Section 22-6-20.C.1. ECON.Policy 3.1. states "County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and grow the local economy." The
request for a Site Development Plan and Use by Special Review for the transloading of a
commodity from one mode of transportation to another including rail, truck and pipeline
transloading of commodities and materials, without limitation for oil and gas industries, including
petroleum products and storage related to same, the construction of an on -site rail spur to create
a "rail loop" of onsite track, new offices and support buildings, and related equipment, a greater
than 70 foot communication tower and the utilization of more than one cargo container for storage
necessitated by the need to move larger volumes of crude oil due to the recent increases in
drilling activity and projected additional production increases anticipated by producers.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District. Section 23-3-40.A.7 of the Weld County Code provides for Transloading, in this instance
a Transload Facility to accept a crude oil petroleum commodity delivered by pipeline or tanker
truck and transferring this commodity to a tanker car for delivery of same product by rail to
market, as a Use by Special Review in the A (Agricultural) Zone District. The site is a
approximately 356 acres.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed facility and site is located northeast of County Road 63 and
County Road 398. The site is located approximately 3.2 miles northeast of the Town of
Keenesburg and 6 miles southwest of Roggen Townsite. The site and surrounding lands are
zoned A — Agricultural. The western boundary of the site is formed by County Road 398 and the
Burlington Northern Santa Fe railroad Brush subdivision. There is limited residential dwellings in
the vicinity to the proposed facility, with the Kauffman Bros Ltd., Partnership ranch located
approximately 0.5 miles to the south off of County Road 63: Prospect Valley Dairy LLC has a
residence approximately 1 mile to the East accessed from County Road 67; Alfred Wilder has a
residence approximately 3 miles to the west near the intersection of County Road 57 and County
Road 20 and there are no residential structures located within two miles to the north on lands
owned by Guttersen Ranches, LLC. The proposed Transload facility is sited adjacent to an
existing rail corridor and County road network.
Plains All American Pipeline, LP. Tampa Facility, page 5
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 within the three mile referral area for the Town of Keenesburg, who indicated in their
referral dated December 20, 2012 that the proposed facility is located approximately one mile
north of the Town limits and is not within the existing Intergovernmental Agreement Boundary
between the County and Keenesburg, yet is within the Town's Comprehensive Planning Area and
the site is designated as agricultural use on the future land use plan. The referral also states the
Town is currently working on a comprehensive plan amendment that will be re-evaluating the
future land uses along the highway and rail corridors for commercial and industrial uses. The
Town is very supportive of economic development in both the County and within the Town limits,
however, the Town holds concerns with the amount of traffic generated by this proposed facility
and the impacts to Towns infrastructure as a result of this proposed development. Given these
concerns, the Town is requesting that Plains Marketing, LP enter into a street improvements
agreement with the Town of Keenesburg.
Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood
Hazard or Airport Overlay District. The existing site is within the County -wide Road 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 facility is sited on
lands that are designated "Other land" for approximately 322 acres and "Prime if they become
Irrigated" on 34 acres located in the southwest quadrant of the parcel on the Important Farmlands
of Weld County map dated 1979. There is no irrigation water associated with this parcel.
Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation
Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services recommends that the following conditions of approval and development
standards be attached:
1. Prior to recording the plat:
The applicant shall enter into an Improvements Agreement with the Weld County Public Works
Department and post collateral for the on -site and off -site improvements associated with this
facility, including road infrastructure improvements as triggered by the designated haul route for
the Transload facility. The agreement and form of collateral shall be reviewed by the Department
of Public Works and accepted by the Board of County Commissioners prior to recording to the
USR12-0075 plat. (Department of Public Works)
Plains All American Pipeline, LP. Tampa Facility, page 6
B. The applicant shall attempt to enter into a Street Improvement Agreement with the Town of
Keenesburg for impacted streets within the Town Limits prior to recording to the USR12-0075
plat. Evidence of such shall be submitted to the Department of Planning Services. (Town of
Keenesburg)
C. The applicant shall address the Department of Public Works referral dated December 11, 2012
and revised referral comments dated January 18, 2013. Specific roadway requirements include:
A right deceleration lane on CR 398 at the facility entrance is warranted by the proposed
traffic volumes to the facility. The facility is proposing 25 vehicles per hour (vph) during a
peak hour turning right into the facility. This meets the 25 vph trigger for a right
deceleration lane. (Department of Public Works)
A left deceleration lane at the intersection CR 398 and Market Street is warranted by the
proposed traffic volumes to the facility. The facility is proposing 25 vehicles per hour (vph)
during a peak hour turning left onto CR 398. This meets the 10 vph trigger for a left
deceleration lane. The segment of Market Street that would require the turn lane is in the
jurisdiction of the Town of Keenesburg and CDOT. The applicant will need to develop an
agreement with the town and CDOT to allow for the construction of this safety
improvement. (Department of Public Works)
In the November 2012 Traffic Study the applicant proposed 520 trips per day for the
facility. In the December 2012 Traffic Study the applicant proposed 220 trips per day. The
reduction in trips per day is due to a future pipeline at the facility, until the pipeline is
constructed the reduction in truck traffic will not occur. Even with the reduction from 400
truck trips per day to 100 truck trips per day. the Passenger Car Equivalents (PCE) with
the truck reduction is still 420 vehicles per day. The trigger for the paving improvements
is 400 vehicles per day the facility is proposing 420 vehicles per day meeting the trigger
requirement. (Department of Public Works)
The applicant shall address the Department of Public Health and Environment referral dated
January 3, 2013. Items include:
1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division (APCD), Colorado
Department of Health and Environment. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements.
A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be
provided to Environmental Health Services Division of the Weld County Department of
Public Health & Environment.
The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that the water well is appropriately permitted for the
commercial use.
4. In the event the facility's water system serves more 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR
1003-1). Evidence shall be provided to the Weld County Department of Public Health
and Environment that the system complies with the Regulations.
Plains All American Pipeline, LP. Tampa Facility, page 7
5. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
The applicant shall address the concerns of the Division of Water Resources, specific to their
referral dated December 7, 2012. Evidence of such shall be submitted to the Department of
Planning Services. (Division of Water Resources)
Prior to construction:
The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS permit
from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality
Control Division, to cover stormwater discharges from construction sites (5 CCR-1002-61).
Alternatively, the applicant can provide evidence from CDPH&E that they are not subject to the
CDPS requirements. (Department of Public Health and Environment)
B. A building permit will be required for any new construction, alteration, or addition to any buildings
or structures on the property. (Department of Building Inspection)
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. (Department of Building Inspection)
D. A geotechnical engineering report performed by a registered State of Colorado engineer shall be
required or a open hole inspection. (Department of Building Inspection)
Buildings, equipment 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; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
Contact the Permitting/Inspection agent for Weld County Public Works, for a Right -of -Way permit
for any work that may be required in the right-of-way. A special transport permit will be any
oversized or overweight vehicles that may access the site and may also be obtained through the
same office. (Department of Public Works)
Prior to the issuance of a Certificate of Occupancy:
Plains All American Pipeline, LP. Tampa Facility, page 8
A. An individual sewage disposal system (ISDS) is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and
Environment)
The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection
Well permit from the Environmental Protection Agency (EPA) for any large -capacity septic system
(a septic system with the capacity to serve 20 or more persons per day). Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (Department of Public Health and Environment)
The applicant shall submit evidence of a constructed and operational commercial well to be
utilized for potable water associated with the proposed facility. (Department of Planning
Services)
The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR12-0075 (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
County Road 398 is designated on the Weld County Road Classification Plan as a local gravel
road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this information shall be noted on
the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department
of Public Works)
A stop sign will be required to be installed at the facility accesses onto CR 398. (Department of
Public Works)
A vehicle tracking control pad consisting of the preferred option (double cattle guards) will be
required to prevent tracking of material from your site in the way of mud or debris on to Weld
County Roads. (Department of Public Works)
G. The existing Burlington Northern Santa Fe right-of-way and recording information of said right-of-
way referenced and delineated. (Department of Planning Services)
The oil and gas setback radiuses for existing and abandoned wellheads and tank batteries on the
site shall be indicated in accordance with Section 23-3-50.E of the Weld County Code.
(Department of Planning Services)
Section 23-3-250.A.6 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 all adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
J. Show the approved access on the plat and label it with the forthcoming approved access permit
number (AP#). (Department of Public Works)
Plains All American Pipeline, LP. Tampa Facility, page 9
Delineate sixty (60) parking spaces for employees and vendors adjacent to the Administration
Building. (Department of Planning Services)
L. Minimum radius for all turning movements within and onto publically maintained roads is sixty
(60) feet. (Department of Public Works)
M. The approved Lighting plan. (Department of Planning Services)
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)
Upon completion of 1., 2., 3., and 4. above 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. (Department of
Planning Services)
The attached Development Standards for the Special Review Permit shall be adopted and placed on the
Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within one hundred twenty (120) days of approval by the Board of County Commissioners. The
applicant shall be responsible for paying the recording fee. (Department of Planning Services)
8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, 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)
Plains All American Pipeline, LP. Tampa Facility, page 10
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Plains Marketing, L.P.
Plains All American Pipeline, L.P.
USR12-0075
1. A Site Development Plan and Use by Special Review for a Transload Facility including the transloading of
a commodity from one mode of transportation to another including rail, truck and pipeline without
limitation for oil and gas, including petroleum products and storage related to same, the construction of
two on -site rail spurs to create a rail loop of onsite track and sidings, new offices and support buildings,
and related equipment, a greater than 70 foot communication tower and the utilization of more than one
cargo container for storage in the A — Agriculture Zone District, subject to the Development Standards
stated hereon., subject to the Development Standards stated hereon. (Department of Planning Services)
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)
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)
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)
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)
The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
The applicant shall comply with all provisions of the Above Ground Storage Tank Regulations.
(Department of Public Health and Environment)
8. 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. (Department of Public
Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code or all applicable State noise statutes and/or
regulations. (Department of Public Health and Environment)
10. The operation shall comply with all applicable oil and gas operations regulated by the Colorado Oil and
Gas Conservation Commission. (Department of Public Health and Environment)
11. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage retention berm
shall be constructed around the aboveground storage tanks. The volume retained by the spillage berm
should be greater than the volume of the largest tank inside the berm and sufficient freeboard to contain
precipitation. Alternative protective measures may be allowed provided they comply with the Colorado Oil
and Gas Conservation Commission regulations. (Department of Public Health and Environment)
Plains All American Pipeline, LP. Tampa Facility, page 11
12. The facility shall be constructed and operated in accordance with 40 CFR 112 of the Environmental
Protection Agency's Oil Pollution Prevention Regulations to prevent the discharge of oil and to ensure
that contamination of soil and groundwater does not occur. (Department of Public Health and
Environment)
13. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in accordance
with all applicable rules and regulations. (Department of Public Health and Environment)
14. A Spill Prevention Control and Countermeasure plan shall be kept on site, at all times. (Department of
Public Health and Environment)
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
16. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
17. In the event the facility's water system serves more 25 persons on a daily basis the water system shall
comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to these
requirements, the Weld County Department of Public Health and Environment strongly encourages well
users to test their drinking water prior to consumption and periodically thereafter. (Department of Public
Health and Environment)
18. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
19. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
20. A building permit will be required for any new construction, alteration, or addition to any buildings or
structures on the property. (Department of Building Inspection)
21. 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. (Department of Building Inspection)
22. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required
or a open hole inspection. (Department of Building Inspection)
23. The facility will operate 24hours/day, 7 days/ week, 365 days per year. (Department of Planning
Services)
24. The number of employees associated with this facility is limited to sixty (60). (Department of Planning
Services)
25. Buildings, equipment 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:
Plains All American Pipeline, LP. Tampa Facility, page 12
2006 International Energy Code; 2012 International Fuel Gas Code; 2011 National Electrical Code; 2006
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)
27. Prior to the release of building permit, the applicant shall submit evidence of approval from the Southeast
Weld Fire Protection District to the Weld County Building Department.
28. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to
Section 15-1-180. (Department of Public Works)
29. The historical flow patterns and run-off 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)
30. Weld County is not responsible for the maintenance of on -site drainage related features. (Department of
Public Works)
31. No parking or staging of commercial vehicles on the county road is allowed. Use on -site parking area.
(Department of Public Works)
32. 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. (Department of Public Works)
33. Parking lots shall conform to all standards of the American with Disabilities Act. (Department of Public
Works)
34. This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA). (Department of Public Works)
35. 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)
36. Existing trees and ground cover along public road frontage and drainage ways shall be preserved,
maintained, and supplemented, if necessary, for the depth of the setback in order to protect against
and/or reduce noise, dust, and erosion. (Department of Planning Services)
37. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed
areas. (Department of Planning Services)
38. The site must take into consideration storm water capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
39. All proposed or existing structures will or do meet the minimum setback and offset requirements for the
zone district in which the property is located. Pursuant to the definition of setback in the Weld County
Code, the required setback is measured from the future right-of-way line.
Plains All American Pipeline, LP. Tampa Facility, page 13
No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M
and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot
radius of any tank battery or within a 150 -foot radius of any wellhead or within a twenty -five-foot radius of
any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any
tank battery or one -hundred -fifty -foot radius of any wellhead shall require a variance from the terms of this
Chapter in accordance with Subsection 23-6-10.C of this Code. (Department of Planning Services)
40. 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) (Department of Planning
Services)
41. 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) (Department of
Planning Services)
42. The landscaping and screening on site shall be maintained in accordance with the approved Landscape
and Screening Plan. (Department of Planning Services)
43. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code.
44. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
45. 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. (Department of Planning Services).
46. 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.
47. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not
commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it
shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to
grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by
Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4
of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning
Services)
48. 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. (Department of Planning Services)
49. 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
Plains All American Pipeline, LP. Tampa Facility, page 14
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, sand burs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
Plains All American Pipeline, LP. Tampa Facility, page 15
January 21, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
VINCE HARRIS
BASELINE CORPORATION
700 12TH STREET, SUITE 220
GOLDEN, CO 80401
Subject: USR12-0075 - SITE DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR MINERAL
RESOURCE DEVELOPMENT FACILITIES INCLUDING TRANSLOADING OF A COMMODITY FROM
ONE MODE OF TRANSPORTATION TO ANOTHER INCLUDING RAIL, TRUCK AND PIPELINE
TRANSLOADING OF COMMODITIIES AND MATERIALS, WITHOUT LIMITATION FOR OIL AND GAS
INDUSTRIES, INCLUDING PETROLEUM PRODUCTS AND STORAGE RELATED TO SAME, THE
CONSTRUCTION OF AN ON -SITE RAIL SPUR TO CREATE A RAIL LOOP OF ONSITE TRACK, NEW
OFFICES AND SUPPORT BUILDINGS, AND RELATED EQUIPMENT, A GREATER THAN 70 FOOT
COMMUNICATION TOWER AND THE UTILIZATION OF MORE THAN ONE CARGO CONTAINER
FOR STORAGE, IN THE AGRICULTURAL ZONE DISTRICT
On parcel(s) of land described as:
ALL SECTION 17, T2N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 19, 2013, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 27, 2013
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www. weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.01.21 08:37:20 -07'00'
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
December 06, 2012
VINCE HARRIS
BASELINE CORPORATION
700 12TH STREET, SUITE 220
GOLDEN, CO 80401
Subject: USR12-0075 - SITE DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR MINERAL
RESOURCE DEVELOPMENT FACILITIES INCLUDING TRANSLOADING OF A COMMODITY FROM
ONE MODE OF TRANSPORTATION TO ANOTHER INCLUDING RAIL, TRUCK AND PIPELINE
TRANSLOADING OF COMMODITIIES AND MATERIALS, WITHOUT LIMITATION FOR OIL AND GAS
INDUSTRIES, INCLUDING PETROLEUM PRODUCTS AND STORAGE RELATED TO SAME, THE
CONSTRUCTION OF AN ON -SITE RAIL SPUR TO CREATE A "RAIL LOOP" OF ONSITE TRACK,
NEW OFFICES AND SUPPORT BUILDINGS, AND RELATED EQUIPMENT AND THE UTILIZATION
OF MORE THAN ONE CARGO CONTAINER FOR STORAGE, IN THE AGRICULTURAL ZONE
DISTRICT
On parcel(s) of land described as:
ALL SECTION 17, T2N, R63W S & E OF RR EXC UPRR RES of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s) for their review and comments:
Keenesburg at Phone Number 303-732-4281
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2012.12.06 09:24:41 -07'00'
Kim Ogle
Planner
FIELD CHECK Inspection Date: February 15, 2012
Case Number: USR12-0075 Hearing Date: February 19, 2013
Applicant: Plains All American Pipeline, LP and subsidiary, Plains Marketing, LP
Request: A Site Development Plan and Use by Special Review for transloading of a commodity from
one mode of transportation to another including rail, truck and pipeline transloading of
commodities and materials, without limitation for oil and gas industries, including petroleum
products and storage related to same, the construction of an on -site rail spur to create a "rail
loop" of onsite track, new offices and support buildings, and related equipment, a greater
than 70 foot communication tower and the utilization of more than one cargo container for
storage in the A — Agriculture Zone District
Location: East of and adjacent to County Road 398, approximately 1 mile North of County Road 18
Size of Parcel: 356 +/- acres
Parcel Number: 1303-17-0-00-009
Zoning
Land Use
N
Agriculture
N
BNSF MAINLINE RAILROAD, CR 398,
GUTTERSEN RANCH
E
Agriculture
E
RANGE/ GRAZING LAND
S
Agriculture
S
RANGE/ GRAZING LAND
W
Agriculture
W
RANGE/ GRAZING LAND/ GUTTERSEN RANCH
Comments:
The proposed site location is located in the E2 of Section 17, T2N, R63W located on the east side of the
Burlington Northern Railroad. Distance from the site to the Town of Keenesburg is approximately 3% miles
and from the site to Roggen is approximately 51/2 miles. There is no direct access to 1-76 between
Keenesburg and Roggen. CR 63 intersects CR 398 for a south access point approximately 11/2 miles from
the proposed site.
CR 398 is a local gravel road which appears to have 100 feet of right-of-way in the portion that the County
maintains between CR 59 at the Keenesburg city limits, continuing easterly to approximately the turn-off to
the Guttersen Ranch where the road parallels the 1-76 corridor. From that point into Roggen, is the 1-76
frontage road. The Colorado Department of Transportation (CDOT) has jurisdiction over this stretch of
frontage road.
The property lies to the East of the rail track and south of the former Tampa Brush subdivision and Tampa
spur. There is limited residential dwellings in the vicinity to the proposed facility
Visual inspection identified no utilities, however, there is overhead electric. Access is from CR 398 across a
private rail crossing to the property. Secondary access is likely from the North across lands owned by
Guttersen Ranches.
The site is in rangeland/ pasture land and is fenced. A windmill is present. No other improvements are
identifiable.
Signature
Sign planting and field observations 1.28.2013
The single track mainline BNSF rail is substantially higher in elevation near Keenesburg Junction than at the
southwestern corner of the Plains property. County road 398 parallels the rail adjacent to the Plains
property, the road is constructed lower in elevation than the rail with a 100-125 foot right-of-way separation
between the road and the rail. In this right-of-way the topography is flatter to the south and more undulating
to the north. Approximately midpoint to the property is signal and BNSF radio transmitter/receiver. Lands to
the south of the rail, away from the county road slope off to the east. The change in topography is
approximately 50 feet moving from edge of right-of-way to the eastern property line. Approximate cross
slope is in the natural condition is slight.
To the north of the property is the former Tampa spur. The rail spur is no longer in place at this location but
Guttersen Ranches owns an access to his property crossing the tracks via a limited access. Directly north
of this access is a ranch access onto the Guttersen ranch property
Interstate 76 is located to the north of the Plains property. Approximate distance from the southern
boundary is 4000 feet and from the northern boundary 2300 feet. There is not an access from the Interstate
onto County road 398.
The property is vacant and appears to have historically been utilized for grazing for livestock.
Sign Planting: Planning Commission February 19, Board of County Commissioners February 27, 2013
Hello