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SOLUTION
RE: APPROVE SITE IFIC DEVELOPM NT PLAN AND FOURTH AMENDED USE BY
SPECIAL RE MIT #589 F A MINERAL RESOURCE DEVELOPMENT
FACILITY CLUDI G A ND GAS STORAGE FACILITY (CRUDE OIL
STO E), AND A OIL AND GAS SUPPORT AND SERVICE FACILITY (NATURAL
G PROCESSIN , LAND FARMING, OFFICE USE, STORAGE, PIPE FABRICATION,
RESEARCH AND EVELOPMENT LAB,AND MEASURING EQUIPMENT REPAIR AND
CALIBRATION) THE A(AGRICULTURAL)ZONE DISTRICT-ENCANA OIL AND GAS
(USA) INC.
WHERE , th 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 affair of Weld Coun , Co do, and
WHEREAS, the Boa of County ommisioners held a public hearing on the 27th day of
February, 2008,at the hour of 10:00 a.m. in he Chambers of the Board, for the purpose of hearing
the application of EnCana Oil d Gas (US ) Inc., 370 17th Street, Suite 1700, Denver, Colorado
80202, for a Site Specific Dev opment Ian and Fourth Amended Use by Special Review
Permit#589 for a Mineral Resource el ment luding an Oil and Gas Storage Facility
(crude oil storage), and an Oil and Gas Supp and Servi acility(natural gas processing, land
farming, office use, storage, pipe fabrica on, research and development lab, and measuring
equipment repair and calibration)in the A( ricultural)Zone District on thefo,Ilowing described real
estate, being more particularly described a follows:
Lot B of Recorded Exemption #159 nd part of
Lot A of Recorded Exemption#64 eing part of the
SE1/4 of Section 28, Towns ' 1 North, Rang 67
West of the 6th P.M., Weld County, Colors
WHEREAS, said applicant was represented by Bill Crews, Crews and Z ren, 8203 West
20th Street, Suite B, Greeley, Colorado 80634, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provid standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the t stimony an tatem is
of those present, studied the request of the applicant and the recommen ation of the W Id ounty
Planning Commission and all of the exhibits and evidence presented i this matter , having
been fully informed, finds that this request shall be approved for the folio ing reas .
1. The submitted materials are in compliance with the applicati 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 ordinances in effect.
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FOURTH AMENDED SPECIAL REVIEW PERMIT#589 - ENCANA OIL AND GAS (USA) INC.
PAGE 2
Section 22-5-100.A (OG.Goal 1) states, "Oil and gas exploration and
production should occur in a manner which minimizes the impact to
agricultural uses and the environment and reduces the conflicts between
mineral development and current and future surface uses."
Section 22-5-100.A.6 (OG.Policy 1.6) states, "Oil and gas exploration and
production should be conducted in a manner which minimizes interference
with existing surface use and mitigates the impact on future land uses."
EnCana has an existing facility on this site. This amended Use by Special
Review Permit proposes to incorporate the existing buildings and
operations, land farming facility, and the addition of gas compressors and
dehydration units to the site. The exterior boundaries of the site will not
change.
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
provides fora Mineral Resource Development Facility,including Oil and Gas
Storage Facilities and Oil and Gas Support and Service Facilities, as a Use
by Special Review in the A(Agricultural) Zone District.
c. Section 23-2-230.8.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. This site is under an existing Use
by Special Review Permit. 2ndAmUSR#589 was approved July 27, 1994,
and at the time, this site was owned and operated by Vessels Oil and Gas.
This permit was approved to allow gas compressor facilities, and for the
storage of oil and gas equipment in steel buildings. The existing office
building, warehouse, equipment, and welding building were incorporated
under this permit. The land farming facility was not included under
2ndAmUSR #589. The oil and gas compression equipment under this
permit has since been removed. The applicant proposes to install new
compressors and dehydration units through this 4th Amended Use by
Special Review Permit. Storage of oil and gas tanks, pipes, and equipment
is also incorporated under this application. The site is adjacent (across
County Road 19) to an existing electrical station and natural gas pipeline
facility to the east. An existing oil and gas facility is immediately located to
the west of the site. The nearest single family residence is located to
approximately one-eighth of a mile southwest of the site. The Conditions of
Approval and Development Standards will ensure that this facility is
compatible with the surrounding area.
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
located within the three-mile referral area of the Cities of Dacono and
Northglenn, and Adams County. The Cities of Dacono and Northglenn
indicated no conflicts with their interests, in the referrals received
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FOURTH AMENDED SPECIAL REVIEW PERMIT #589 - ENCANA OIL AND GAS (USA) INC.
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September 17, 2007. No referral response has been received from Adams
County.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The site does not lie within any Overlay Districts.
Effective January 1, 2003, 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 August 1, 2005, building permits issued on the
subject site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.8.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is currently an Oil and Gas Storage and Support Facility and
is not in agricultural production.
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 EnCana Oil and Gas (USA) Inc., for a Site Specific
Development Plan and Fourth Amended Use by Special Review Permit #589 for a Mineral
Resource Development Facility, including an Oil and Gas Storage Facility(crude oil storage), and
an Oil and Gas Support and Service Facility (natural gas processing, land farming, office use,
storage, pipe fabrication, research and development lab, and measuring equipment repair and
calibration) 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) The attached Development Standards.
2) County Road 4 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. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
3) County Road 19 is designated on the Weld County Road
Classification Plan as major arterial road, which requires 140 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. All
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FOURTH AMENDED SPECIAL REVIEW PERMIT#589 - ENCANA OIL AND GAS (USA) INC.
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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.
4) All plat sheets shall be labeled 4thAMUSR-589.
5) The approved Screening Plan.
6) If on-site lighting is proposed,the lighting shall be in accordance with
Section 23-2-250 of the Weld County Code.
7) On-site parking shall be delineated.
B. The applicant shall address the requirements of the Weld County
Department of Building Inspection, as stated in the referral response dated
October 10, 2007. Written evidence of such shall be provided to the
Department of Planning Services.
C. An Air Pollution Emission Notice (A.P.E.N.) shall be submitted to the Air
Pollution Control Division of the Colorado Department of Public Health and
Environment. Evidence of such shall be submitted, in writing, to the Weld
County Departments of Public Health and Environment and Planning
Services.
D. A Detailed Design and Operation Plan shall be submitted to the Weld
County Department of Public Health and Environment, for review and
approval, for the land treatment facility. The land treatment facility shall be
constructed and operated in accordance with the approved design.
Evidence shall be submitted to the Weld County Department of Public
Health and Environment and the Colorado Oil and Gas Conservation
Commission (COGCC), which demonstrates the land treatment facility will
be constructed in accordance with the approved design. Written evidence
of Department of Public Health and Environment approval shall be provided
to the Department of Planning Services.
E. A detailed Closure Plan shall be submitted to the Weld County Department
of Public Health and Environment and the COGCC. The Closure Plan shall
include a description of the manner in which the treated and
hydrocarbon-contaminated soils will be disposed of, as well as specific
details regarding reclamation of the property. No equipment associated
with the facility shall remain on the property following closure. Written
evidence of such shall be provided to the Department of Planning Services.
F. The facility shall post financial assurance with the COGCC. In the event the
COGCC does not have the authority to require financial assurance for the
entire cost required for the third-party closure, the facility shall post the
remainder of the financial assurance with Weld County. The facility shall
submit evidence of such, in writing, to the Weld County Department of
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FOURTH AMENDED SPECIAL REVIEW PERMIT#589 - ENCANA OIL AND GAS (USA) INC.
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Public Health and Environment. Written evidence of such shall be provided
to the Department of Planning Services.
G. The applicant shall submit a Dust Abatement Plan, for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Written evidence of
Department of Public Health and Environment approval shall be provided to
the Department of Planning Services.
H. All septic systems serving the operation shall be reviewed by a Colorado
registered professional engineer. The review shall consist of observation of
the systems and a technical review describing the systems'ability to handle
the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be
inadequately sized or constructed, the system shall be brought into
compliance with current regulations. Written evidence of Department of
Public Health and Environment approval shall be provided to the
Department of Planning Services.
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. Written evidence of Department of Public
Health and Environment approval shall be provided to the Department of
Planning Services. The plan shall include, at a minimum, the following:
1) A list of wastes which are expected to be generated on the site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
J. The applicant shall provide evidence to the Weld County Department of
Public Health and Environment that the berming and containment for the
landfarm portion of the site are constructed in accordance with Colorado Oil
and Gas Conservation Commission Rule 907.
K. The applicant shall submit a Screening Plan to the Department of Planning
Services. Storage of outdoor materials shall be screened from adjacent
properties and rights-of-way.
L. The applicant shall attempt to address the requirements of the Greater
Brighton Fire Protection District, as stated in the referral response received
October 5, 2007. Written evidence of such shall be provided to the
Department of Planning Services.
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FOURTH AMENDED SPECIAL REVIEW PERMIT #589 - ENCANA OIL AND GAS (USA) INC.
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M. The amended Recorded Exemption plats AmRE #641 and AmRE #1595
shall be submitted to be recorded.
N. 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 thirty(30)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 the surveyor provide a
digital copy of this Amended 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 maps@co.weld.co.us.
4. Prior to release of building permits:
A. A letter of approval from the Brighton Fire Protection District is required prior
to the issuance of building permits.
5. Prior to Issuance of Certificate of Occupancy:
A. An Individual Sewage Disposal System is required for the proposed gas
plant with a control room, office, and space for training activities, and shall
be installed according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer, according to the Weld County I.S.D.S. Regulations.
6. Prior to operation:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. The applicant
shall inquire with the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit, to determine if they are required to
obtain a Stormwater Discharge Permit. Alternately, the applicant may
provide evidence from the WQCD that they are not subject to these
requirements.
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FOURTH AMENDED SPECIAL REVIEW PERMIT#589 - ENCANA OIL AND GAS (USA) INC.
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7. The Amended Use by Special Review activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of February,A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
_ Aid a WELD COUNTY, COLORADO
ATTEST: �'uu'r9 �6 . (-^.>
i m . Jerke, Chair
Weld County Clerk to the Board r 7' )
in 1 Robert M sde �Pro- em
BY:
Dept Clerk the Board
William F. Garcia
A OV SAS TO F EXCUSED
David E. Long
ounty Attorney o Daw-fr-J�,I
Douglas(Rademacher
Date of signature: ik 10
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SITE SPECIFIC DEVELOPMENT PLAN
FOURTH AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ENCANA OIL AND GAS (USA), INC.
4THAMUSR#589
1. The Site Specific Development Plan and Fourth Amended Use by Special Review
Permit #589 is for a Mineral Resource Development Facility, including an Oil and Gas
Storage Facility (crude oil storage), and an Oil and Gas Support and Service Facility
(natural gas processing, land farming, office use, storage, pipe fabrication, research and
development lab, and measuring equipment repair and calibration) in the A(Agricultural)
Zone District, as indicated in the application materials on file 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. The number of employees shall be limited to six(6)full-time and twenty-three(23) part-time
employees(who visit the site on a daily basis), in accordance with the application materials.
4. Compressors will operate 24 hours per day, 365 days a year. Compressors will not be
manned,except for inspection,maintenance,and repair operations(approximately three(3)
to four(4)trips per day).
5. 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.
6. The facility shall comply with any emissions permit required by the Colorado Department
of Public Health and Environment.
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 facility shall be constructed and operated to ensure that contamination of soils and
groundwater does not occur.
10. The applicant shall operate in accordance with the approved Waste Handling Plan.
11. There shall be no disposal of waste, other than the non-hazardous hydrocarbon-affected
soil derived from exploration and production and pipeline-related activities from the EnCana
oil and gas properties within Weld County.
12. All chemicals stored on the site must be stored according to manufacturer
recommendations for safe storage and handling.
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DEVELOPMENT STANDARDS - ENCANA OIL AND GAS (USA), INC. (4THAMUSR#589)
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13. The facility shall notify the Weld County Departments of Public Health and Environment and
Planning Services, and the Colorado Oil and Gas Conservation Commission (COGCC), a
minimum of 90 days prior to closure.
14. Soil and groundwater monitoring requirements may be revised and amended at a later date.
The Weld County Department of Public Health and Environment reserves the right to
require additional environmental monitoring requirements if the facility demonstrates that
it is necessary. The facility may request the Weld County Departments of Public Health
and Environment and Planning Services to amend monitoring requirements, provided an
adequate demonstration can be made of the irrelevance of the monitoring.
15. Any analysis of waste shall be forwarded to the Weld County Department of Public Health
and Environment. The Department reserves the right to require additional, more extensive
monitoring at a later date.
16. All stormwater,which has come into contact with waste materials on the landfarming portion
of the site, shall be confined on the site, and bermed in accordance with the COGCC
Commission Rule 907.
17. The facility cannot accept or handle hydrocarbon-affected soils that are non-exploration and
production (E and P)wastes (i.e., diesel impacted soil).
18. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
19. 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.
20. The operation shall comply with all applicable State noise statutes and/or regulations.
21. Adequate hand washing and toilet facilities shall be provided for employees and visitors of
the facility.
22. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
23. No laboratory chemicals or wastes shall be deposited into the septic system.
24. The water system shall comply with the requirements for a community water system, as
defined in the Primary Drinking Water Regulations (5 CCR 1003-1).
25. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
26. The applicant is required to comply with all Colorado Department of Public Health and
Environment regulations regarding berming and spill prevention for materials and liquids
stored on the site.
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DEVELOPMENT STANDARDS - ENCANA OIL AND GAS (USA), INC. (4THAMUSR#589)
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27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
29. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
30. 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.
31. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
32. A 40-foot radius is required on all accesses to public roads for accesses designed to
accommodate truck traffic. A minimum effective turning radius of forty (40) feet shall be
used for accesses intended to accommodate truck traffic.
33. All screening materials shall be maintained in accordance with the approved Screening
Plan.
34. Building permits will be required for all new buildings on the site, as well as existing
structures that have a change of use. A building permit will also be required for additional
equipment which will require a foundation.
35. A plan review is required for each building. Plans will require the wet stamp of a Colorado
registered architect or engineer.
36. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
37. Fire resistance of walls and openings,construction requirements,maximum building height,
and allowable areas,as well as occupancy classification,will be reviewed at the plan review
stage.
38. A letter of approval from the Brighton Fire Protection District is required prior to the
issuance of building permits.
39. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration,development, completion, recompletion, re-entry, production,and
maintenance operations associated with existing or future operations located on these
lands.
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40. The property owner acknowledges that mineral owners and lessees have real property
interests that entitle them to surface use in accordance with Colorado State Statutes and
applicable Colorado Oil and Gas Conservation Commission regulations.
41. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
42. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
43. Weld County Government personnel 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
Development Standards stated herein and all applicable Weld County regulations.
44. The Amended 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.
45. 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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