HomeMy WebLinkAbout20123406.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0057, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING AN OIL AND GAS SUPPORT AND STORAGE FACILITY (OIL AND GAS
CENTRAL PROCESSING FACILITY, ALONG WITH AN OIL STORAGE FACILITY,
TANK AND PIPELINE STORAGE, AND FUTURE WATER RECYCLING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - STEVEN AND TERESA WELLS/WELLS
RANCH, C/O NOBLE ENERGY/WATTENBERG HOLDING, 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 12th day
of December, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Steven and Teresa Wells/Wells Ranch, 32010 County Road 63, Gill,
Colorado 80624, c/o Noble Energy 3115 117th Avenue, Greeley, Colorado 80634, and
Wattenberg Holding, LLC, 3030 NW Expressway, Suite 1100, Oklahoma City, Oklahoma 73112,
for a Site Specific Development Plan and Use by Special Review Permit, USR12-0057, for a
Mineral Resource Development Facility, including an Oil and Gas Support and Storage Facility
(oil and gas central processing facility, along with an oil storage facility, tank and pipeline
storage, and future water recycling) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX12-0019; being part
of the NW1/4 of Section 22, Township 6 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Julie Cozad, Tetra Tech,
1900 South Sunset Street, Longmont, Colorado 80501, 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 23-2-230.6 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.
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1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region."
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
3) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as, but not limited to, clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land."
4) Section 22-2-100.A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of
this Code." The proposed oil and gas support facility is located in
a rural area. The nearest residence is located approximately 1/2
mile to the west of the site. The attached Conditions of Approval
and Development Standards (noise limits and the requirement that
the applicant submit a Lighting Plan) will address and mitigate
impacts on the surrounding area.
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.A.2 of the Weld County
Code allows oil and gas support facilities 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 site is located in
a rural area. The nearest residences are located approximately 1/2 mile
to the west of the site. The attached Conditions of Approval and
Development Standards (noise limits and the requirement that the
applicant submit a Lighting Plan) will address and mitigate impacts on the
surrounding area.
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
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municipalities. The site is not located within three (3) miles of an
incorporated municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective April 25, 2011, building
permits issued on the property 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 property 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. The facility is proposed to be located on land designated
as "Other," according to the Prime and Important Farmlands Map of Weld
and Larimer Counties.
G. Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Steven and Teresa Wells/Wells Ranch, Go Noble
Energy/Wattenberg Holding, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR12-0057, for a Mineral Resource Development Facility, including an Oil and
Gas Support and Storage Facility (oil and gas central processing facility, along with an oil
storage facility, tank and pipeline storage, and future water recycling) 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 USR12-0057.
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.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent public rights-of-way
and adjacent properties. These areas shall be designed and used
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in a manner that will prevent trash from being scattered by wind or
animals.
5) County Road (CR) 68 is a local gravel road and requires a 60-foot
right-of-way at full buildout. The applicant shall verify the existing
60 feet of 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.
6) Show and label the approved access(es) on the plat with the
approved access permit number(will be provided).
7) The approved Lighting Plan.
8) Setbacks from plugged and abandoned oil and gas wells.
9) Setbacks from existing producing oil and gas wells and wellheads.
10) Revise the plat map. The oil tanks to the west of the eastern
boundary of Lot A of RE-2676 shall meet the minimum setback of
one (1) foot per every three (3) feet of tank height.
11) The approved Sign Plan.
B. The applicant shall address the requirements of the Weld County
Department of Public Works, as stated in the referrals dated
September 10 and 20, 2012. The applicant shall address the following
requirements:
1) An Improvements Agreement, including collateral for all on-site
and off-site improvements, is required for this site and shall be
accepted by the Board of County Commissioners prior to
recording the plat.
2) Submit a Drainage Report that follows the USR-SPR Drainage
Report Checklist and a complete set of construction drawings that
have been stamped, signed, and dated by a registered
professional engineer licensed in Colorado, for review and
approval by the Department of Public Works. Include the water
recycling facilities in the revised Drainage Report for this site.
3) The applicant will need to address how the water recycling
component will affect the traffic narrative provided with the original
application. The original application has very minimal traffic after
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C. The applicant shall submit evidence of an Aboveground Storage Tank
Permit from the Colorado Department of Labor and Employment (CDLE),
Oil Inspection Section, for any aboveground storage tanks located on the
site. Alternately, the applicant may provide evidence from the CDLE, Oil
Inspection Section, that they are not subject to these requirements.
D. The applicant shall submit information on the final disposition of the
separated water stream.
E. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
F. The applicant shall submit a Sign Plan to the Department of Planning
Services, for all Facility identification signs, including location and size.
G. An executed lease agreement between Noble Energy and Wattenburg,
LLC, shall be provided to the Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
three (3) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies, 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. 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.
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. 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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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,
unless a stipulated agreement for early release of building and/or electrical
permits is approved.
6. Prior to Construction:
A. Building permits will be required for the Oil and Gas Support and Storage
Facility and associated buildings and equipment. A Building Permit
Application must be completed and two (2) complete sets of engineered
plans, including engineered foundation plans bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted. A
Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection.
B. Buildings, equipment 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.
C. A plan review shall be approved and a permit must be issued prior to the
start of construction.
D. In the event that one (1) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
E. 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.
7. Prior to the Certificate of Occupancy:
A. A Spill Prevention Control and Countermeasure plan shall be submitted to
the Weld County Department of Public Health and Environment
(WCDPHE).
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of December, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:n44•44,
Sean P. Con, -y, Chair
Weld County Clerk to the B E La
'� �� �� WilC
rcia, Pro-Tem
BY: / � �''�L`:ate.
Deputy Clerk f. the =r. �:�� � 1_ t4 � j, ��_�� �
� �A i / arbara e er /
AP E FORM: ` � J QyG ` ��"
David E. Long
r —2,--
unty Attorney ,,�n`�(yg a WIC' Jr
JAN 0 92013 Douglas/Rademac r
Date of signature:
2012-3406
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STEVEN AND TERESA WELLS/WELLS RANCH
C/O NOBLE ENERGY/VVATTENBERG HOLDING, LLC
USR12-0057
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0057, is
for a Mineral Resource Development Facility, including an Oil and Gas Support and
Storage Facility (oil and gas central processing facility, along with an oil storage facility,
tank and pipeline storage, and future water recycling) in the A (Agricultural) Zone
District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of full-time, on-site employees shall be limited to four (4), as stated in the
application materials.
4. The facility operates twenty-four(24) hours a day, seven (7) days a week.
5. Specific plans for the non-commercial water recycling facility will be required to be
submitted and reviewed by Weld County and the Colorado Oil and Gas Commission.
The water recycling facility component may require a minor amendment to this USR.
6. 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.
7. 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.
8. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
11. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations.
12. 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.
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RANCH, C/O NOBLE ENERGY/WATTENBERG HOLDING, LLC
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13. 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 all
applicable state noise statutes and/or regulations.
14. The operation shall comply with all applicable oil and gas operations regulated by the
Colorado Oil and Gas Conservation Commission.
15. 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.
16. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
17. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of
in accordance with all applicable rules and regulations.
18. Adequate 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 when two (2) or
less full-time (40 hour week) employees are located on the site.
19. 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). All chemicals
must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. A building permit may be obtained prior to the construction of any new structures.
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.
22. The applicant shall provide letter of notification from the Galeton Fire Protection District
prior to any new construction.
23. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
24. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
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RANCH, C/O NOBLE ENERGY/WATTENBERG HOLDING, LLC
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25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
27. 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 construed
as, traffic control devices.
28. 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.
29. Off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, recycled asphalt base, concrete or the equivalent and shall be graded to
prevent drainage problems.
30. 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.
31. 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.
32. The applicant shall take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices (BMPs).
33. Weld County is not responsible for the maintenance of the site drainage related features.
34. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
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35. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the permit by the Board of
County Commissioners.
36. The 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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