HomeMy WebLinkAbout20112620.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1791 FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING OIL AND
GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING, BUT
NOT LIMITED TO, FOUR (4) COMPRESSORS ASSOCIATED WITH GAS
PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE FOR
TRANSPORT TO MARKET, IN THE A (AGRICULTURAL) ZONE DISTRICT -
BERNHARDT FARMS, LLC, C/O DCP MIDSTREAM, LP
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 October, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Bernhardt Farms, LLC, Attn: Timothy Bernhardt, 12281 Highway 60,
Milliken, Colorado 80543, do DCP Midstream, LP, 3026 4th Avenue, Greeley, Colorado 80631,
for a Site Specific Development Plan and Use by Special Review Permit#1791 for Oil and Gas
Support and Service, including oil and gas processing facilities and related equipment,
including, but not limited to, four (4) compressors associated with gas processing or which
compress gas to enter a pipeline for transport to market, in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Part of the SW1/4 SW1/4 of Section 30; and the
W1/2 of Section 31, excluding the easternmost 225
feet; all in Township 5 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Patrick Groom, Esq., of
Witwer, Oldenburg, Barry and Johnson, LLP, Attorneys at Law, 822 7th Street, Suite 760,
Greeley, Colorado 80631, 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 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
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SPECIAL REVIEW PERMIT#1791 - BERNHARDT FARMS, LLC, C/O DCP MIDSTREAM, LP
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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
oil and gas resources conserves the land and minimizes the impact on
surrounding land and the existing surrounding land uses."
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 a Natural Gas
Processing Facility in the A (Agricultural) Zone District, is for a new
four (4) unit gas compressor facility, being part of a new five part
compressor, pipeline, and gas processing plant network necessitated by
the need to move larger volumes of gas due to the recent increases in
drilling activity and projected additional production increases anticipated
by producers.
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.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The property slopes
gradually from the northwest to the southeast, with generally no
significant topographical change. This land and surrounding lands in
each direction are in agricultural production with numerous oil and gas
facilities, well heads and tank batteries present in each direction. To the
north of the proposed facility is the Loveland and Greeley Canal. Several
USRs are in the general vicinity of this facility, including the Waste
Management Landfill, USR-1012 to the east of the property, and the
Blehm Land and Cattle Feedlot, SUP-76. There are three (3) residential
dwellings to the north-northwest, and one residence to the southwest of
the proposed facility. There are six (6) property owners within five
hundred feet of this facility. The entire property is presently planted in
corn, with three center pivots providing irrigation water.
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 existing site is within the three-mile referral area of
the Towns of Milliken and Johnstown and the City's of Evans and
Greeley. The Town of Johnstown returned a referral indicating no conflict
with its interests. The City of Greeley returned a referral indicating no
conflict with its interests; however, it did provide an advisory that there is
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a six-inch water main in, or adjacent to, 49th Street (aka County
Road 52); a four-inch water main in 95th Avenue (aka County Road 25);
and right-of-way approvals are required if access roads cross the City of
Greeley water lines in this area. The Town of Milliken and the City of
Evans did not return a referral.
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. The existing site is within the County-wide
Road Impact Fee Area. Effective April 25, 2011, building permits issued
on the proposed lots will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program. 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
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 160-acre parcel,
utilizing ten (10) acres for the compressor site. Ongoing agricultural
production will continue on lands not impacted by this proposed facility.
The proposed facility is sited on lands that are designated "Prime" 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 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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 Bernhardt Farms, LLC, c/o DCP Midstream, LP,
for a Site Specific Development Plan and Use by Special Review Permit #1791 for Oil and Gas
Support and Service, including oil and gas processing facilities and related equipment,
including, but not limited to, four (4) compressors associated with gas processing or which
compress gas to enter a pipeline for transport to market, 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 USR-1791.
2. The attached Development Standards.
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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 25 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.
6. County Road 52 is designated on the Weld County Road
Classification Plan as a Section Line road, which is 30 feet north
of the Section Line. 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.
7. The applicant has an approved access from County Road 25.
Proposed traffic includes one employee visiting the site each day
and a tractor trailer every other day to haul produced water from
the site. The applicant shall show and label, on the Site Plan, the
proposed access width (minimum 20-foot 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 shall 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. The applicant
shall 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 Utility
Coordinator for the Weld County Department of Public Works, for
a right-of-way permit for any work that may be required in the
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right-of-way. A special transport permit will be required for any
oversized or overweight vehicles that may access the site.)
9. The applicant shall submit the calculations for the Water Quality
Depression and show the feature on the plat, labeled as "Water
Quality, No Build or Storage Area".
10. The approved Lighting Plan for the Facility.
B. The applicant shall address the concerns of the Department of Public
Works, as indicated in the referral dated July 25, 2011. 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, Colorado Department of Public 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 Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1) A copy of the Spill Prevention, Control and Counter Measure Plan
(SPCC).
2) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
E. 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.
F. The applicant shall submit a Lighting Plan, which includes the
manufacture's cut sheets for each of the proposed lighting fixtures and
lamps, to the Department of Planning Services, for review and approval.
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G. 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
ninety (90) 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 #2005-7, approved June 1,
2005, should the plat not be recorded within the required ninety (90) 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.
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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 October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WEND COUNTY, COO ADO
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Weld County Clerk to the Board _ �-
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APPROVED AS TO FORM: ® " , i� Aoi,i)i
on u r, David E. Long
A: County for ey EXCUSED
Douglas Rademacher
Date of signature: 1/ -c2///
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BERNHARDT FARMS, LLC, C/O DCP MIDSTREAM, LP
USR #1791
1. The Site Specific Development Plan and Use by Special Review Permit #1791 is for Oil
and Gas Support and Service, including oil and gas processing facilities and related
equipment, including, but not limited to, four (4) compressors associated with gas
processing or which compress gas to enter a pipeline for transport to market, 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. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. Fugitive dust shall be controlled on this site.
8. 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.
9. A permanent, adequate water supply shall be provided for drinking and sanitary facilities
when there is at least one (1) full-time employee located on the facility.
10. An Individual Sewage Disposal System shall be provided when there is at least one (1)
full-time employee stationed on the site.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
12. 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.
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DEVELOPMENT STANDARDS - BERNHARDT FARMS, LLC, C/O DCP MIDSTREAM, LP
(USR#1791)
PAGE 2
13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
14. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
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, the 2008 National Electrical Code,
and Chapter 29 of the Weld County Code.
19. All building plans shall be submitted to the Milliken Fire Protection District, for review and
approval, prior to the issuance of building permits.
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.
22. Weld County is not responsible for the maintenance of on-site drainage related features.
23. 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.
24. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
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(USR#1791)
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25. 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
Programs.
26. The facility will operate 24 hours per day, 365 days per year.
27. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1,
Lighting Standards, of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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 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.
32. 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.
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