HomeMy WebLinkAbout20122147.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0028, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICES FACILITY
(BUCKINGHAM PIPELINE BOOSTER PUMP STATION), IN THE A (AGRICULTURAL)
ZONE DISTRICT- OVERLAND PASS PIPELINE, LLC, C/O WILLIAMS MIDSTREAM
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 22nd day
of August, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Overland Pass Pipeline Company, LLC, P.O. Box 645, Tulsa,
Oklahoma 74172, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0028, for a Mineral Resource Development Facility, including an Oil and Gas Support
and Services Facility (Buckingham Pipeline Booster Pump Station) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX12-0039;
being part of the E1/2 of Section 9, Township 7
North, Range 57 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Jeff Tarde, Williams
Midstream, 1050 17th Street, Suite 1800, Denver, Colorado 80202, 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect. Section
22-5-100.A (OG.Goal 1) states, "Promote the reasonable and orderly
exploration and development of oil and gas mineral resources;" and
Section 22-5-100.6 (OG.Policy 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
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SPECIAL REVIEW PERMIT (USR12-0028) - OVERLAND PASS PIPELINE COMPANY, LLC
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current and future environmental impacts." The request is for a Site
Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility, including a booster pump station
with electric powered pumps, a control building and an electric switchyard
and substation to be permitted by others for an existing natural gas liquids
pipeline known as the Overland Pass Pipeline.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code provides for Oil and Gas Support and Service as a Use by Special
Review in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The property slopes
gradually from the east, with generally no significant topographical
change within the site boundary. This property is located approximately
3.75 miles southeast of the Town of New Raymer, Colorado. Lands to
the north and east are utilized for seasonal grazing from spring to late
autumn of any given year. To the west is developed property, including a
homestead with outbuildings for confined livestock and to the south is a
homestead and mature vegetation. There are three (3) property owners
within five hundred feet of this facility. This property and all of the
adjoining property is in dryland agriculture.
D. Section 23-2-230.6.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code, and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not within the three-mile referral area of a
municipality or county.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Article
V, 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 Program. Effective April 25, 2011, building permits issued on the
proposed lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program. Effective April 25, 2011,
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.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. This proposed facility is located on a 10-acre parcel
utilizing five (5) acres for the compressor site. Ongoing agricultural
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production will continue on lands not impacted by this proposed facility.
The proposed facility is sited on lands that are designated "High Potential
Dry Cropland, Prime if they become Irrigated" and "Other" on the
Important Farmlands of Weld County map, dated 1979.
G. Section 23-2-230.B.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 the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Overland Pass Pipeline Company, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0028, for a Mineral
Resource Development Facility, including an Oil and Gas Support and Services Facility
(Buckingham Pipeline Booster Pump Station) in the A (Agricultural) 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 plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0028.
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 delineate the trash collection areas. Sections
23-2-260.C.11 and 23-3-350.A.6 of the Weld County Code
address 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.
5) County Road (CR) 82 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. 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.
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6) The applicant has acquired an approved access to the facility
(AP12-00154), approving two (2) access points. All access points
must be a minimum of 75 feet apart. The drawing is reflecting a
24-inch reinforced concrete pipe (RCP) culvert at both access
points, and two (2) ten-foot gated entrances offset 53 feet from the
County road. The applicant shall show the approved access on
the plat and label it with the approved access permit number
(AP#).
7) The approved Lighting Plan for the facility.
8) The approved Sign Plan for the facility.
B. The applicant shall address the concerns of the Department of Public
Works, as indicated in the referral dated June 13, 2012. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services. Specific issues include:
1) The proposed Booster Pump Station will be located adjacent to a
phermal drainage channel. The proposed Booster Pump Station
will cover approximately five (5) acres of the 10-acre parcel. The
application indicates that the site will be graveled and several
structures, including two buildings, will be constructed. The
existing property appears to be undeveloped, resulting in an
imperviousness of approximately two percent. Once the proposed
construction occurs, the impervious area of the property will be
greater than forty percent. Due to the proximity to the channel,
and the fact that the increased impervious area will result in more
stormwater runoff, the proposed project must include a detention
pond that has been sized to capture the runoff from the 100-year
developed condition and release it at the 5-year historic rate. In
order to prevent offsite erosion and damage to CR 82, the
applicant must provide a drainage report and construction
drawings for a detention pond that has been sized to capture the
100-year developed condition stormwater and release the
captured run off at the five-year historic rate. The drainage criteria
can be found in Chapter 8 of the Weld County Code and in the
Engineering Criteria Manual that can be found online at
http://www.co.weld.co.us/Departments/PublicWorks/index.html.
C. 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) of the Colorado Department of Health and Environment,
if applicable. Alternately, the applicant may provide evidence from the
APCD that they are not subject to these requirements. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services
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D. The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site, or
show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes may be
delineated on the plat in accordance with the State requirements as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
E. The applicant shall address the concerns of the Colorado Department of
Parks and Wildlife (CPAW), as outlined in the referral dated May 25,
2012. Written evidence of such shall be submitted to the Department of
Planning Services.
F. The applicant shall submit a Lighting Plan to the Department of Planning
Services for review and approval, and include the manufacture's cut
sheets for each of the proposed lighting fixtures and lamps, specifically
addressing Section 23-2-250.6.6 of the Weld County Code.
G. The applicant shall submit a Sign Plan to the Department of Planning
Services for review and approval, specifically addressing Section 23-4-90
of the Weld County Code.
H. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to Construction:
A. A Traffic Management Plan was supplied, identifying that the traffic
related to the construction would not substantially impact the local traffic
in the area. Appropriate signing and right-of-way permits will be required
for construction of the entrances at this location.
B. In the event that one (1) or more acres are 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 Best Management Practices
(BMPs) to be utilized, typical installation and maintenance notes for all
BMPs to be utilized, and a copy of the approved Colorado Department of
Public Health and Environment (CDPHE) Stormwater Permit.
C. 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 CDPHE.
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D. The applicant shall contact the Permitting/Inspection agent for the
Department of Weld County Public Works for a Right-of-Way Permit for
any work that may be required in the right-of-way on CR 82. A special
transport permit will be required for any oversized or overweight vehicles
that may access the site and may also be obtained through the same
office.
E. A Final Drainage Report stamped, signed, and dated by a professional
engineer licensed in the State of Colorado is required and shall conform
to Section 24-7-130.D of the Weld County Code and Ordinance #2006-7.
3. Upon completion of Condition of Approval #1 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 the Department of Planning Services. 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.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
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 be added for each additional three (3)
month period.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued, on the property until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of August, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: (AYE)
Sean P , Chair
Weld County Clerk to the Board
( (AYE)
Wil am . G ia, Pro-Tern
BY:
Deputy Cle ! to the I:oard, b XCUSED
.1f '� •ara Kirkmeyer
APPROVED O'FORM: � '� t • •b J (' O NAY
vid E. Long
•arty Attorney �� ►� C � �, �! �, / AYE
�ougl- Rademache
Date of signature: q-[7-1 a
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
OVERLAND PASS PIPELINE COMPANY, LLC, CIO WILLIAMS MIDSTREAM
USR12-0028
1. The Site Specific Development Plan and Use by Special Review Permit, USR12-0028, is
for a Mineral Resource Development Facility, including an Oil and Gas Support and
Services Facility (Buckingham Pipeline Booster Pump Station) in the A (Agricultural)
Zone District, and 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. Fugitive dust and fugitive emissions shall be controlled on this site.
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code,
or with all applicable state noise statutes and/or regulations.
8. Adequate drinking water (bottled water), toilet facilities (portable toilets) and hand
washing units shall be provided during construction of the facility.
9. The applicant shall obtain a Colorado Discharge Permit System (CDPS) permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
10. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code. A building permit will be required for the booster
pump station structures and associated equipment. A Building Permit Application must
be completed and two (2) complete sets of engineered plans, including 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 Colorado registered
engineer shall be required
11. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
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12. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2006 International Building Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2006 International Energy Code, 2006 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
13. All building plans shall be submitted to the New Raymer Fire District, for review and
approval, prior to issuance of building permits.
14. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
15. 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 CDPHEt.
16. 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 Best Management
Practices (BMPs) to be utilized, typical installation and maintenance notes for all BMPs
to be utilized, and a copy of the approved CDPHE Stormwater Permit.
17. Weld County is not responsible for the maintenance of on-site drainage related features.
18. The Buckingham Pipeline Booster Pump Station is an unmanned facility.
19. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
20. Effective April 25, 2011, 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.
21. The facility will operate 24 hours per day, 365 days per year.
22. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1,
Lighting Standards, of the Weld County Code.
23. The facility will comply with the approved Sign Plan and Section 23-4-90 of the Weld
County Code.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
26. 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.
27. 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.
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. 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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