HomeMy WebLinkAbout20121515.tiff EXHIBIT
A
, -Oil
• BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR12-0014
APPLICANT: DILLARD FAMILY LLC, do NOBLE ENERGY
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN OIL AND GAS SUPPORT FACILITY(CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A RECX12-0031 BEING PART OF THE NE4 SECTION 10, T7N, R64W OF
THE 6T"P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 84 SECTION LINE; WEST OF AND
ADJACENT TO CR 57 SECTION LINE.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
•
applicable code provisions or ordinance in effect. Section 22-4-140.A. EP.Goal 1. states
"Encourage the minimization of mineral resource exploration and production waste and
require the safe disposal of it;" and EP.Policy 1.1. states"Due to the impacts from surface
impoundments and increasing public concern about them, other alternatives for disposal
should be considered." The proposal is for a Class II Brinewater Injection Well and
associated facilities including a 20 foot radio tower and support office.
B. Section 22-4-140.B. EP.Goal 2. Mineral resource exploration and production waste facilities
should be planned, located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use,scale,height,traffic,dust, noise
and visual pollution. This proposal has been reviewed by the appropriate referral agencies
and it has been determined that the attached 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.
Section 22-2-20.8.2 A.Policy 2.2 states: "Allow commercial and industrial uses, which are
directly related to or dependent upon agriculture, to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated and where adequate services and
infrastructure are currently available or reasonably obtainable. These commercial and
industrial uses should be encouraged to locate in areas that minimize the removal of
agricultural land from production." The site is LotAofa Recorded Exemption, RECX12-0031
which consists of 27.9 acres. The U.S.D.A. Soils Maps of Prime Farmlands of Weld County
dated 1979 indicate that the soils on this property as"other". The project location is dryland
prairie with many oil and gas facilities in the vicinity. The surrounding properties have the
same conditions and there are no residences within a couple of miles,therefore,the injection
facility will be compatible with the surrounding land uses. Currently, there is no existing
• commercial water source or septic facilities on the property as the application materials
indicate it is an unmanned facility. The applicant is proposing construction of a commercial
well and septic system at time of construction of the future office.
2012-1515
• RESOLUTION USR12-0014
DILLARD FAMILY LLC, Go NOBLE ENERGY
PAGE 2
C. 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.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.
D. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is bordered by agricultural uses, predominately grazing and
rangelands with sparsely populated residential development. There are three property
owners holding 3 parcels within 500 feet of this proposed facility. There are no residences in
the general area with the nearest residence over two miles from the site. Staff has received
no letters, telephone calls, electronic mail from adjacent or surrounding property owners or
interested persons. Development Standards and Conditions of Approval will ensure that this
use will be compatible with surrounding land uses.
E. 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 not located within three miles of a municipality.
F. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
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)
The site is located within an area previously identified as property associated with the
Galeton Reservoir Projection (Northern Irrigated Supply Project).
G. 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 U.S.D.A.Soils Maps of
Prime Farmlands of Weld County dated 1979 designated the soils on this property as"other."
H. 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 Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit the plat for RECX12-0031 and provide evidence that all conditions
• of approval have been addressed. (Department of Planning Services)
B. The applicant shall submit a copy of a recorded Deed describing Lot A of RECX12-0031.
(Department of Planning Services)
• RESOLUTION USR12-0014
DILLARD FAMILY LLC, do NOBLE ENERGY
PAGE 3
C. The USR plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
D. All sheets of the USR plat shall be labeled USR12-0014. (Department of Planning Services)
E. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Screening Plan, to address the trash dumpster associated with this
facility shall be screened from adjacent properties, including the public rights-of-way.
(Department of Planning Services)
3) Intersecting County Roads 80 and 55 are designated on the Weld County Road
Classification Plan as gravel roads, which require 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,
iteall lee dedicatedi^ateed. These roads are maintained by Weld County.
Starting from the County maintained intersection of County Roads 80/55 North on
County Road 55 alignment; Section 16 is a State Section with no right-of-way,
Section 15 is a Railroad Section with no right-of-way, and continuing North on the
•
County Road 55 alignment between Sections 9 & 10, the right-of-way has been
vacated May 5, 1941.
On the Weld County Road 84 alignment,the County has retained 60 feet of right-of-
way located between sections 3 & 10. The road was not build by the County.
From the maintained County intersection of County Roads 80 & 55 North, Noble
would have to obtain Lease Road Agreements with adjacent landowners to reach the
alignment of County Road 84 where the County has 60 feet of right-of way available
to access their injection well site. (Department of Public Works)
4) The proposed access width (minimum 20 foot width for emergency vehicles)and the
turning radiuses into the site (45 feet—60 feet radiuses required to accommodate
trucks). (Department of Public Works)
5) The applicant shall indicate specifically on the plat the type of(lease road)easement
and indicate whether it is dedicated, private, or deeded to provide adequate access
to the parcel. Section line accesses are considered private lanes with no county
maintenance. (Department of Public Works)
6) Please show the retention detention and drainage facilities to be within a drainage
easement which has been described on the plat and labeled as a "No Build or
Storage Area". (Department of Public Works)
7) The application materials did not include a Lighting Plan. Should exterior lighting be
a part of this facility, all light standards shall be delineated on the USR Plat.
• (Department of Planning Services)
F. The applicant must address the requirements (concerns) of Colorado Division of Water
Resources, as stated in the referral response dated March 12,2012. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Colorado
Division of Water Resources)
• RESOLUTION USR12-0014
DILLARD FAMILY LLC, Go NOBLE ENERGY
PAGE 4
G. The applicant shall file an Air Pollution Emissions Notice(APEN)with the Air Pollution Control
Division, Colorado Department of Public Health and Environment. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
H. A Ground Water Monitoring Plan shall be submitted to the Weld County Health Department
of Public Health and Environment for review and approval. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
If appropriate, a Storm Water Discharge Permit coverage shall be obtained from the
Colorado Department of Public Health and Environment, Water Quality Control Division for
construction activities. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
J. The applicant shall submit written evidence of compliance with all of the Department of Public
Health and Environment's stipulations and requirements as stated in their referral dated
March 23, 2012. (Department of Planning Services)
K. The applicant must address the requirements(concerns)of Building Inspection Department,
as stated in the referral response dated March 30, 2012. (Building Inspection)
L. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
•
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 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 Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within one hundred twenty(120)days from the date of
the Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to dhuerterAco.weld.co.us. (Department of Planning Services)
4. 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 approval was signed a$50.00 recording continuance charge may be added for each
additional 3 month period. (Department of Planning Services)
5. One month prior to the start of construction:
A. The applicant shall submit evidence of a construction stormwater 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) Alternately, the
applicant can provide evidence from CDPH&E that they are not subject to the CDPS
•
requirements. (Department of Public Works)
• RESOLUTION USR12-0014
DILLARD FAMILY LLC,do NOBLE ENERGY
PAGE 5
B. A grading permit is required if more than one acre is disturbed. The grading permit
application packet shall include the grading permit application,grading permit fee,erosion
and sediment control map,typical details for the BMPs to be utilized,typical installation and
maintenance notes for each BMP to be utilized,and a copy of the approved construction
stormwater discharge permit from CDPHE. (Department of Public Works)
6. Prior to the Release of Building Permits:
A. A building permit will be required for the future office structure and any new construction,
alternation,or addition to any buildings or structures on the property. It is recommended that
a code analysis be done on the project by a design professional with experience in this area.
(Department of Building Inspection)
B. A building permit will be required for any new construction including metering house and
communication equipment A building permit application must be completed and two
complete sets of plans including engineered foundation plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review.A geotechnical
engineering report performed by a registered State of Colorado engineer shall be required.
(Department of Building Inspection)
C. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application.Currently the following has been adopted by Weld County:
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.(Department of Building Inspection)
D. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection from
the building. (Department of Building Inspection)
E. Detailed plans for the concrete secondary containment structure for all storage and
processing tanks shall be submitted. Secondary containment volume shall provide
containment for the entire contents of the largest single tank plus sufficient freeboard to allow
for precipitation. The WCDPHE will consider containment structures other than concrete
provided a Colorado Registered Professional Engineer provides a certification indicating that
the proposed structure meets or exceeds the expected function of a concrete structure in
regard to containment,spills and unintended releases. (Department of Public Health and
Environment)
F. A Detailed Closure Plan shall be submitted to the Weld County Department of Public Health
and Environment and the Colorado Oil and Gas Conservation Commission. The Closure
Plan shall include a description of the manner in which the well will be plugged and
abandoned,as well as specific details regarding reclamation of the property. No structures or
equipment associated with the facility shall remain on the property following closure.
• (Department of Public Health and Environment)
G. The facility shall post financial assurance with the COGCC. The financial assurance shall be
adequate to cover a third-party closure of the facility, including the plugging and
abandonment of the well, in accordance with industry standards, and the removal of all
structures(including concrete)on the facility. The site shall be returned to its original grade.
• RESOLUTION USR12-0014
DILLARD FAMILY LLC, do NOBLE ENERGY
PAGE 6
The facility shall submit evidence to the WCDPHE that the appropriate financial assurance
has been obtained. (Department of Public Health and Environment)
H. Final drainage construction and erosion controls plans (conforming to the final drainage
report) stamped, signed, and dated by a professional engineer licensed in the State of
Colorado shall be submitted with each plan(phase). These plans(storm water management
plans)shall be based upon Urban Storm Drainage Criteria Manual methodology as modified
by Weld County Ordinance 2006-7. (Department of Public Works)
In the event that 1 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a stormwater discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment. (Department
of Public Works)
7. Prior to Operation:
A. The applicant shall address the requirements(concerns)of the Department of Public Works
as stated in the referral response dated April 10, 2012. Specific items include:
1. Application submittal and acceptance by the Board of County Commissioners for a
Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County
Right-of-Way for County Road 84 between County Road 55 and County Road 57,to
• the injection well site. (Department of Public Works)
2. The preliminary Drainage Report, prepared and stamped by Steve Sciscione, P.E.
No.45051,dated February 2012 was submitted for review. A Final Drainage Report
stamped, signed, and dated by a professional engineer licensed in the State of
Colorado is required and shall conform to Weld County Code 24-7-130.D and
Ordinance 2006-7. (Department of Public Works)
3. The applicant, Noble Energy,shall submit written or recorded evidence that all Noble
Lease Road Agreements with adjacent landowners to reach the alignment of CR 84
where the County has 60 feet of right-of way available to access their injection well
site have been obtained. (Department of Public Works)
B. The applicant shall submit evidence to the Weld County Department of Public Health and
Environment (WCDPHE), Weld County Planning Services and the Colorado Oil and Gas
Conservation Commission (COGCC) that the facility was constructed in accordance with
application materials. (Department of Public Health and Environment)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
• Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
• RESOLUTION USR12-0014
DILLARD FAMILY LLC, do NOBLE ENERGY
PAGE 7
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner=s for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 5, 2012.
Dated the 5th of June, 2012.
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Noble Energy, Incorporated
USR12-0014
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility
(Class II Oilfield Waste Disposal Facility-Saltwater Injection Facility and associated facilities)in the A
(Agricultural) Zone District, as indicated in the application materials on file and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
4. No disposal of waste, other than produced water piped from Cummins Field wells operated by the
injection well operator is permitted. Any changes from this approved use would require an
amendment to this Special Use Permit. (Department of Public Health and Environment)
5. Recovered crude/condensate loadout operations shall be conducted in a manner, which prevents
leakage or discharge onto the ground outside the concrete containment area. Spill prevention
measures shall be employed when making connections and during loadout operations. Portable
containment, such as drip pans, shall be utilized when working outside the containment area.
(Department of Public Health and Environment)
6. Any required Spill Prevention Control and Countermeasures Plan (SPCC) shall be prepared and
.
maintained on site pr 40 CFR 112. (Department of Public Health and Environment)
7. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A)measured
in accordance with 25-12-103 C.R.S. (Department of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
9. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
10. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air
permits issued by the CDPHE Air Pollution Control Division. (Department of Public Health and
Environment)
11. Analytical data on wastes and environmental monitoring data shall be made available to WCDPHE,
who reserves the right to require additional more extensive monitoring. (Department of Public Health
and Environment)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.)shall be stored,treated, and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
13. Any 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. The facility shall comply with the approved groundwater monitoring plan. (Department of Public
.
Health and Environment)
15. All storm water,which has come into contact with waste materials on the site,shall be confined on the
site. (Department of Public Health and Environment)
RESOLUTION USR12-0014
• DILLARD FAMILY LLC, do NOBLE ENERGY
PAGE 9
16. Portable toilets may be utilized and shall be maintained in a sanitary condition. Upon construction of
the office building, an adequate permanent source of water and a commercial individual sewage
disposal system (I.S.D.S.)will be required. (Department of Public Health and Environment)
17. Any individual sewage disposal system (I.S.D.S.) on the property shall be permitted, installed,
maintained and operated in compliance with all provisions of the Weld County Code, pertaining to
I.S.D.S. (Department of Public Health and Environment)
18. The operation shall comply with all applicable rules and regulations of the Colorado Oil & Gas
Conservation Commission, other State and Federal agencies, and the Weld County Code.
(Department of Public Health and Environment)
19. Weld County shall not be responsible for the maintenance of onsite drainage related facilities.
(Department of Public Works)
20. The property owner will be responsible excavate, repair, or patch any damage to County Road right-
of-way on the haul route to mitigate for heavy truck traffic volumes. The type and method of repair will
be determined by the Department Public Works. The applicant will also be required to provide dust
abatement during the construction of the facility. (Department of Public Works)
21. The traffic volumes associated with this facility is restricted to two round trips per day or 4 trips per
day. (Department of Public Works)
22. 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 Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
23. In the event that 1 or more acres are disturbed during the construction and development of this site,
the applicant shall obtain a construction stormwater discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment. (Department of Public Works)
24. Any lighting, including light from high temperature processes such as welding or combustion,shall be
designed, located and operated in such as manner as to meet the following standards: sources of
light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties;
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;and no colored lights may be used which may be confused
with or construed as traffic control devices. (Department of Planning Services)
25. Hours of operation are twenty-four(24)hours each day,seven(7)days per week-365 days per year.
(Department of Planning Services)
26. A building permit will be required for the future office structure and any new construction, alternation,
or addition to any occupied buildings or structures on the property. A code analysis shall be done on
the project by a design professional with experience in this area. (Department of Building Inspection)
27. A building permit will be required for any new construction including metering house and
communication equipment A building permit application must be completed and two complete sets of
plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect
or engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required. (Department of Building Inspection)
•
RESOLUTION USR12-0014
• DILLARD FAMILY LLC,do NOBLE ENERGY
PAGE 10
29. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 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. (Department of Building
Inspection)
30. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
31. 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)
32. 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)
33. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
34. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
• 36. 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)
37. 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. (Department of Planning Services)
38. 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)
39. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
• Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
RESOLUTION USR12-0014
• DILLARD FAMILY LLC, do NOBLE ENERGY
PAGE 11
animal confinement, silage and manure;smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County,and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
• after a major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
.51 /5 — 02ep EXHIBIT
S
• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 15, 2012
ID` A regular meeting of the Weld County Planning Commission was held in the Weld County
Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order
by Chair,Tom Holton, at 1:30 p.m.
Roll Call.
Present: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand, Thomas Holton.
Also Present: Kim Ogle, Chris Gathman and Tom Parko, Department of Planning Services; Don Carroll and
Heidi Hansen, Department of Public Works;Lauren Light and Mary Evett, Department of Health;Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Y`" Motion: Approve the May 1, 2012 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Jason Maxey.
Motion passed unanimously.
CASE NUMBER: USR12-0014
APPLICANT: DILLARD FAMILY LLC,do NOBLE ENERGY
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN OIL AND GAS SUPPORT FACILITY(CLASS II OILFIELD WASTE DISPOSAL
FACILITY-SALTWATER INJECTION FACILITY) IN THE A(AGRICULTURAL)
• ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A RECX12-0031 BEING PART OF THE NE4 SECTION 10,T7N, R64W OF
THE 6T"P.M.,WELD COUNTY,COLORADO
LOCATION: SOUTH OF AND ADJACENT TO CR 84 SECTION LINE; WEST OF AND
ADJACENT TO CR 57 SECTION LINE.
Kim Ogle, Planning Services, stated that the applicant's representative would like to request a
continuance until the June 5,2012 Planning Commission hearing so that adequate notice may be provided for
mineral interests.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this application. No one wished to speak.
`" Motion: Continue Case USR12-0014 to the June 5, 2012 Planning Commission hearing, Moved by
Jason Maxey, Seconded by Bill Hall.
Motion passed unanimously.
CASE NUMBER: USR-1752
APPLICANT: ABELARDO VEGA
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SEVICE ESTABLSIHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS,INCLUDING A
COMMERCIAL RODEO(OUTDOOR)AND ONE(1)SINGLE-FAMILY DWELLING
UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A
IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: W2NW4 OF SECTION 3, T6N, R64W OF THE 6TH P.M., WELD COUNTY,
• COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 55;SOUTH OF AND ADJACENT TO CR 74.
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• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 5, 2012
Ir A regular meeting of the Weld County Planning Commission was held in the Weld County
Administration Building, Hearing Room, 1150 O Street,Greeley, Colorado. The meeting was called to order
by Chair,Tom Holton, at 1:30 p.m.
Roll Call.
Present:Alexander Zauder, Benjamin Hansford,Joyce Smock, Mark Lawley, Nick Berryman, Robert
Grand, Thomas Holton.
Absent/Excused: Bill Hall, Jason Maxey.
Also Present:Kim Ogle and Chris Gathman, Department of Planning Services;Don Carroll and Heidi Hansen,
Department of Public Works; Lauren Light, Mary Evett and Troy Swain, Department of Health; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
► Motion: Approve the May 15, 2012 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Benjamin Hansford.
Motion passed unanimously.
CASE NUMBER: USR11-0030
APPLICANT: BAYSHORE LLC,C/O KERR-MCGEE OIL AND GAS ONSHORE, LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
• REVIEW PERMIT(FORMERLY USR-1664)FOR AN OIL AND GAS PRODUCTION
FACILITY IN A PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT WITH E
(ESTATE), C-1, C-2 (COMMERCIAL), R-1, R-2, R-3 AND R-4 (RESIDENTIAL)
ZONE DISTRICTS.
LEGAL DESCRIPTION: PART SE4 SECTION 25, T3N, R68W OF THE 6111 P.M., WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 13; NORTH OF AND ADJACENT TO CR 28.
r' Kim Ogle, Planning Services, stated that the applicant Kerr McGee has elected to withdraw their
application at this time.
i` CASE NUMBER: USR12-0014
APPLICANT: DILLARD FAMILY LLC, do NOBLE ENERGY
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN OIL AND GAS SUPPORT FACILITY(CLASS II OILFIELD WASTE DISPOSAL
FACILITY-SALTWATER INJECTION FACILITY) IN THE A(AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A RECX12-0031 BEING PART OF THE NE4 SECTION 10,T7N, R64W OF
THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 84 SECTION LINE; WEST OF AND
ADJACENT TO CR 57 SECTION LINE.
Kim Ogle, Planning Services, presented Case USR12-0014, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
r' Julie Cozad, Tetra Tech, 1900 South Sunset Street, Suite 1F, Longmont, CO, stated that she is
• representing Noble Energy, Inc.. She stated that Noble Energy is proposing a saltwater injection facility. This
facility will be used by Noble Energy only. Construction will take about six(6)to eight(8)months and will be
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• completed within a year.
Greg Pickerel,Noble Energy,2115 117`"Ave,Greeley,Colorado,stated that the closest residence is 3 miles
to the east and 1 mile to the north.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Ogle presented a memorandum with proposed changes to the Conditions of Approval and
Development Standards. The report listed changes to Condition of Approval 1.E.3,1.E.6,1.6.E and delete
Development Standard18 as it is a duplicate of Development Standard 7.
Motion:Approve changes to Conditions of Approval 1.E.3,1.E.6,1.6.E and delete Development Standard 18
as provided by staff,Moved by Robert Grand,Seconded by Benjamin Hansford.
Motion passed unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion:Forward Case USR12-0014 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval,Moved by Robert Grand,Seconded by Benjamin Hansford.
Vote:Motion carried by unanimous roll call vote(summary:Yes=7).
Yes:Alexander Zauder,Benjamin Hansford,Joyce Smock,Mark Lawley,Nick Berryman,Robert Grand,
Thomas Holton.
• CASE NUMBER: USR12-0013
APPLICANT: SHELTON LAND&CATTLE LTD
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FORA 150 FOOT TELECOMMUNICATION ANTENNA TOWER IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF THE S2 SECTION 25,T4N,R65W OF THE 6T"P.M.,WELD COUNTY,
COLORADO.
LOCATION: APPROXIMATELY 600 FEET NORTH OF CR 40 AND APPROXIMATELY%MILE
WEST OF CR 49.
Chris Gathman,Planning Services,presented Case USR12-0013,reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
Mac Neumann,Lonetree Energy and Associates,1151 Winslow Circle,Longmont,Colorado,stated that
Petroleum Development Corporation is proposing a telecommunication antenna tower that monitors the wells
in the area so that they can be controlled by the office in Evans. They intend to automate all of the wells.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Motion:Forward Case USR12-0013 to the Board of County Commissioners along with the Conditions
• of Approval and Development Standards with the Planning Commission's recommendation of approval,
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