HomeMy WebLinkAbout20122249.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0036, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICES FACILITY (TWO
COMPRESSORS AND ASSOCIATED EQUIPMENT AND STRUCTURES) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ROBERT AND MARIANNE ROHN, C/O
STERLING ENERGY INVESTMENTS, 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 29th 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 Robert and Marianne Rohn, 53228 CR 106, Grover, Colorado 80729,
do Sterling Energy Investments, LLC, 1225 17th Street, Suite 2520, Denver, Colorado 80202,
for a Site Specific Development Plan and Use by Special Review Permit, USR12-0036, for a
Mineral Resource Development Facility, including an Oil and Gas Support and Services Facility
(two compressors and associated equipment and structures), in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
S1/2 NW1/4 and N1/2 S1/2 of Section 1,
Township 9 North, Range 60 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Dickie Smith and Cheyne
Winslow, Sterling Energy Investments, LLC, 1225 17th Street, Suite 2520, 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.B.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.B (OG.Goal 2) states, "Ensure that the extraction of
l C �, Pu , 91/4)-), +1-L, 140 3/..4- 2012-2249
9%26 'J3 PL2176
SPECIAL REVIEW PERMIT (USR12-0036) - ROBERT AND MARIANNE ROHN, C/O
STERLING ENERGY INVESTMENTS, LLC
PAGE 2
oil and gas resources conserves the land and minimizes the impact on
surrounding land and the existing surrounding land uses;" and Section
22-5-100.B (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 current and
future environmental impacts." The request for a Site Specific
Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility, including Oil and Gas Support and
Service, is specific to Oil and Gas Processing Facilities and related
equipment, including, but not limited to, two (2) compressors associated
with gas processing, being part of a new compressor, pipeline and gas
processing network necessitated by the need to move larger volumes of
gas from the Niobrara field due to the recent increases in drilling activity
and projected additional production increases anticipated by producers.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.B.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.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The property is sited
on a plateau with no significant topographical change. This land and
surrounding lands in each direction are rangeland and seasonal grazing
lands. There are two (2) property owners within five hundred feet of this
facility; a private property owner and the Federal Government.
D. Section 23-2-230.B.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 for a
municipality or a county.
E. Section 23-2-230.B.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. 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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
2012-2249
PL2176
SPECIAL REVIEW PERMIT (USR12-0036) - ROBERT AND MARIANNE ROHN, C/O
STERLING ENERGY INVESTMENTS, LLC
PAGE 3
proposed use. This proposed facility is located on a 240 acre parcel,
more or less, utilizing 1.0 acres for the compressor site created through a
Subdivision Exemption for the temporary use of a parcel for Oil and Gas
Support and Service Facilities (Sterling's Grover Compressor Station
facility). Ongoing agricultural production will continue on lands not
impacted by this proposed facility. The proposed facility is sited on lands
that are designated "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 Robert and Marianne Rohn, c/o Sterling Energy
Investments, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0036, for a Mineral Resource Development Facility, including an Oil and Gas Support
and Services Facility (two compressors and associated equipment and structures), 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 USR12-0036.
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) County Road (CR) 109 is designated on the Weld County Road
Classification Plan as a section line road, which requires 60 feet of
right-of-way at full buildout. There is presently 60 feet of
unmaintained right-of-way. All setbacks shall be measured from
the edge of future right-of-way. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way.
If the right-of-way cannot be verified, it shall be dedicated. This
road is maintained by Weld County.
5) CR 108 is designated on the Weld County Road Classification
Plan as a section line road, which requires 60 feet of right-of-way
at full buildout. There is presently 60 feet of right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
2012-2249
PL2176
SPECIAL REVIEW PERMIT (USR12-0036) - ROBERT AND MARIANNE ROHN, C/O
STERLING ENERGY INVESTMENTS, LLC
PAGE 4
The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld
County.
6) CR 111 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. There is presently 60 feet of right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld
County.
7) The applicants have an approved access from CR 111 along a
thirty (30) foot wide permanent access easement centered on the
ten (10) inch pipeline alignment [USR12-0026]. Proposed traffic
includes one or two employees visiting the site each day and a
bobtail trailer will visit two to four times a month to haul produced
water from the site. The applicant will show and label on the Site
Plan, the proposed access width (20-foot minimum for emergency
vehicles), the turning radiuses into the site (45 to 60 foot radiuses
required to accommodate trucks), and the proposed 15-inch RCP
culvert at the access.
8) Tracking control is required to prevent tracking of mud and debris
on to the county roadway. The applicant will show and label a
double cattle guard (two cattle guards placed back to back to
allow for a full rotation of truck tires) at the access. Place the cattle
guards far enough back from the county roadway to allow a tractor
trailer to completely pull off the main roadway before crossing the
cattle guards. (Contact the Permitting/Inspection Coordinator for
the Weld County Department of 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 required for any oversized or
overweight vehicles that may access the site.
9) Delineate the Water Quality Control Feature location, label this
location as a no building or storage area. Add additional
statement "Weld County will not maintain on-site drainage related
areas."
10) The approved Lighting Plan for the facility.
11) The approved Sign Plan for the facility.
2012-2249
PL2176
SPECIAL REVIEW PERMIT (USR12-0036) - ROBERT AND MARIANNE ROHN, C/O
STERLING ENERGY INVESTMENTS, LLC
PAGE 5
B. The applicant shall address the concerns of the Department of Public
Works, as indicated in the referral dated June 15, 2012. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
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.
D. The applicant shall submit a signed copy of the Spill Prevention, Control
and Counter-measure Plan to the Environmental Health Services Division
of the Weld County Department of Public Health and Environment.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. 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.
F. The applicant shall submit a Sign Plan, to the Department of Planning
Services, for review and approval.
G. The applicant shall submit a Subdivision Exemption Application for Oil
and Gas Production Facilities, and submit evidence of a lease agreement
with the terms of the lease specified, specifically years for lease area, and
associated site improvements, including access, fencing, etcetera.
H. The applicant shall complete the Road Access Permit Application and
include the following documentation:
1) The application form shall be completed by the property owner to
be accessed from a county road or their authorized agent as
evidenced by written documentation.
2) The applicant shall provide access pictures from the left, right and
into the access.
3) The applicant shall provide a signature and date on the Road
Access Permit Application to deem the application acceptable and
complete.
2012-2249
PL2176
SPECIAL REVIEW PERMIT (USR12-0036) - ROBERT AND MARIANNE ROHN, C/O
STERLING ENERGY INVESTMENTS, LLC
PAGE 6
4) The applicant shall submit a fee for the Road Access Permit. The
fee is seventy-five ($75.00) dollars, payable to the Department of
Public Works.
The applicant shall provide a revised drainage design for the water quality
capture only. The water quality calculation in the submitted drainage
report uses a Water Quality Capture Volume (WQCV) drain time of twelve
(12) hours. The applicant needs to revise this calculation to use a drain
time of forty (40) hours.
J. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. 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.
3. 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.
4. 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.
5. 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.
2012-2249
PL2176
SPECIAL REVIEW PERMIT (USR12-0036) - ROBERT AND MARIANNE ROHN, C/O
STERLING ENERGY INVESTMENTS, LLC
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of August, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Sean P. Chair
Weld County Clerk to the Board
VVi1Ham F. Garcia, Pro-Tem
BY: Iyl,tit— rie-4‘1'1ZSQ
Deputy CI@fk to t Board ed EXCUSED
� i�`arbara Kirkmeyer
A O / FORM: t tit o(
%r- .. !vi. E. Long
tr��,r'' A p
ounty Attorney
u N , 9 L
aim Douglas R.demachek
Date of signature: <4- a 5 13
2012-2249
PL2176
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT AND MARIANNE ROHN
C/O STERLING ENERGY INVESTMENTS, LLC
USR12-0036
1. The Site Specific Development Plan and Use by Special Review Permit, USR12-0036,
for a Mineral Resource Development Facility, including an Oil and Gas Support and
Services Facility (two compressors and associated equipment and structures) 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, 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. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. Portable toilets and bottled water are allowed for
employees and contractors who are on the site for less than two (2) consecutive hours
per day.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District as delineated in Section 14-9-30 of the Weld County Code, or
with all applicable State noise statutes and/or regulations.
10. The operation shall comply with all applicable rules, policies, and regulations of the
Colorado Oil and Gas Conservation Commission.
11. All potentially hazardous chemicals must be 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). All chemicals must be
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
2012-2249
PL2176
DEVELOPMENT STANDARDS (USR12-0036) - ROBERT AND MARIANNE ROHN, C/O
STERLING ENERGY INVESTMENTS, LLC
PAGE 2
12. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
13. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
14. 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.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. A building permit shall be obtained prior to the construction of any new structures.
17. A plan review is required for each building or structure for which a building permit is
required. Two complete sets of plans are required when applying for each permit. The
applicant shall include a Code Analysis Data sheet with each building permit. Submittal
plans shall include a floor plan showing the specific uses for each area of the building.
The Occupancy Classification will be determined by Chapter 3 of the 2006 International
Building Code. The plans shall also include the design for fire separation and occupancy
separation walls, when required by Chapter 5 and 7 of the 2006 International Building
Code. Fire Protection shall conform to Chapter 9.
18. Buildings 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 Fuel Gas Code, 2011 National Electrical Code, and
Chapter 29 of the Weld County Code.
19. All building plans shall be submitted to the Pawnee Fire District, for review and approval,
prior to issuance of a building permit.
20. 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.
21. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices (BMP).
22. Weld County is not responsible for the maintenance of on-site drainage related areas.
23. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist
on the property, or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds. All
vegetation, other than grasses, needs to be maintained at a maximum height of 12
inches until the area is completely developed.
2012-2249
PL2176
DEVELOPMENT STANDARDS (USR12-0036) - ROBERT AND MARIANNE ROHN, C/O
STERLING ENERGY INVESTMENTS, LLC
PAGE 3
24. The applicant is required to comply with all Colorado Oil and Gas Conservation
Commission (COGCC) rules and regulations including drill pad construction, stormwater
controls, and reclamation.
25. 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.
26. 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.
27. The facility will operate 24 hours per day, 365 days per year.
28. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1,
Lighting Standards, of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. 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.
2012-2249
PL2176
Hello