HomeMy WebLinkAbout20082250.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND US IAL REVIEW
PERMIT #1656 FOR OIL AND GAS PRODUCTION FACILI S (TWO O AND GAS
WELLS - AND ANY ADDITIONAL WELLS ALLOWED BY E COLORAD OIL AND
GAS CONSERVATION COMMISSION DRILLED FROM THE E PAD,AL NG WITH
A TANK BATTERY SITE) IN THE A (AGRICULTURAL) ZO ISTRIC - GREAT
WESTERN OIL AND GAS COMPANY, LLC
WHEREAS, the Board of County Commissioners of Weld ounty, olorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, i veste with the authority of
administering the affairs of Weld County, Colorado, a
WHEREAS, the Board of County Commis loners held a p lic hearing on the 20th day of
August, 2008, at the hour of 10:00 a.m., in the Ch bers of the B rd, for the purpose of hearing
the application of Great Western Oil and Gas Compa LLC, 1700 roadway,Suite 1170, Denver,
Colorado 80290, for a Site Specific Development Plan Use Special Review Permit#1656
for Oil and Gas Production Facilities (two ' n s well d any additional wells allowed by
the Colorado Oil and Gas Conservation C mmission ' led from the same pad, along with a tank
battery site)in the A(Agricultural)Zone trict on the fo ing described real estate, being more
particularly described as follows:
Lot 4 of th 1/4 NW and Lot 1 of the SW 1/4
/4
NW1/4 o ec 4, Town ip 5 North, Range 65
West of e 6th . We County, Colorado
WHEREAS, said plicant was repr ented by Bill Crews, P.O. Box 336337, Greeley,
Colorado 80633, at said earing, and
WHEREAS, Sect' 23-2-230 o he Weld County Code provides standards for review of
said Use by Special Revie ermit, an
WHER ,the Board of ounty Commissioners heard all of the testimony and statements
of those prese t, studi e r est of the applicant and the recommendation of the Weld County
Planning Corn issi and all o he exhibits and evidence presented in this matter and, having
been fully infor , finds that t s request shall be approved for the following reasons:
1. The submi materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. is o inion of the Board of County Commissioners that the applicant has shown
pli ce with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinance in effect.
Section 22-5-80.6(CM.Goal 2)states,"Promote the reasonable and orderly
development of mineral resources." The proposal will have little impact on
the surrounding area or subject properties. The property where the new
facilities are located currently has two single-family residences at the south
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end of the property. The Use by Special Review (USR) is necessary to
permit the wells and tank battery facility that have recently been added to
the property. The property owner has reached an agreement with the facility
operator regarding the surface use of the property. The permit is necessary
in this case because the property is zoned R-1 (Low-Density Residential)on
the northern half and C-1 (Commercial) on the southern half. This permit
allows for a multiple well pad site and tank battery site which supports the
orderly development of the mineral resource. These facilities will be located
on the R-1 (Low-Density Residential) portion of the site.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
R-1 (Low-Density Residential) and C-1 (Commercial) Zone Districts.
Sections 23-3-110.D and 23-3-210.D.6 of the Weld County Code provide for
Oil or Gas Production Facilities as a Use by Special Review in the R-1
(Low-Density Residential) and C-1 (Neighborhood Commercial) Zone
Districts.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Single family residences are
located approximately one-eighth (1/8)of a mile to the west of the northern
wellhead location, and existing industrial uses are adjacent to the west and
south of the southern wellhead location. A gravel pit facility is located to the
west, and vacant R-1 (Residential) zoned property is located to the north.
The Department of Planning Services has not included the provision to allow
any additional wellheads which may be allowed by the Colorado Oil and Gas
Conservation Commission in the future, because this could impact future
development in this area and should be reviewed by the appropriate County
process if, and when, additional wellheads are proposed on this site. The
tank batteries(the largest improvements on the site)are located at the west
end of the property and are screened from the west by existing mature
trees. The property owner to the west of, and adjacent to, the access,
expressed concerns with additional impacts to the access created by this
use and impacts from existing uses.
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 for the City of Greeley.
The City of Greeley's referral response, received June 10, 2008,
recommends approval of this application,provided the applicant satisfies the
access and tank permitting requirements of the Union Colony Fire/Rescue
Authority.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The site is affected by the FEMA FIRM
Community Panel Map 080266 1541E. 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 proposed lots will be required
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to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is located on land designated as "Irrigated Land (not prime)"
and "Other," according to the U.S. Department of Agriculture Soil
Conservation Map, dated 1979. The site is only 20 acres in size, and the
placement of the two wellheads and associated tank battery facility,
occupying a small portion of the site,will not prevent agricultural production
on the site and the use of a shared pad site for multiple wells.
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 Great Western Oil and Gas Company, LLC, for a Site
Specific Development Plan and Use by Special Review Permit#1656 for Oil and Gas Production
Facilities (two oil and gas wells - and any additional wells allowed by the Colorado Oil and Gas
Conservation Commission drilled from the same pad, along with a tank battery site) 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-1656.
2) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
3) The setback radii of the proposed oil and gas facilities located on the
property shall be delineated on the plat, in accordance with
Section 23-3-50.E of the Weld County Code, or as required by the
Colorado Oil and Gas Conservation Commission regulations.
4) The applicant shall specifically indicate the type of right-of-way
/easement on the plat, and indicate whether it is dedicated, private,
or deeded, to provide adequate access to the parcel.
B. The access width requirements for emergency equipment(fire department)
are a minimum of twenty(20)feet. The applicant indicated that it has been
cleared with the fire department and emergency services,that the width and
weight capacity of the access lane shall be adequate for emergency
purposes. The applicant shall provide documentation to that effect.
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C. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as outlined in the referral dated
May 21, 2008. Written evidence that these concerns have been addressed
shall be submitted to the Department of Planning Services.
D. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, as outlined in the
referral dated October 31,2007. Written evidence that these concerns have
been addressed shall be submitted to the Department of Planning Services.
E. 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.
F. The applicant shall submit evidence of an Air Pollution Emission Notice
(APEN) application from the Air Pollution Control Division (ACPD) of the
Colorado Department of Public Health and Environment. Alternately, the
applicant may provide evidence from the APCD that it is not subject to these
requirements.
G. The applicant shall vacate the portion of USR-1089 located within the
proposed boundaries of USR-1656, utilizing the procedures outlined under
Section 23-2-200.G of the Weld County Code.
H. Easement and right-of-way grants pertaining to the access road accessing
this site contain the provision "The grantee, their successor and assigns
shall have the responsibility for maintaining the right-of-way and access
easement in an attractive or serviceable manner at their own expense."
There are currently four (4) different properties utilizing the access road.
The applicant shall provide a plan to the Department of Planning Services
addressing how any additional impacts created by the use to this access
road will be addressed.
The applicant shall provide evidence that the oil and gas lease has been
assigned from Crews and Zeren to Great Western Oil and Gas Company,
LLC.
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 sixty(60)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 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
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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 sixty(60)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge may be added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of August, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS E_ttaELD COUNTY, COLORADO
ATTEST: Mita
1861 Guam H. Jerke, Chair
Weld County Clerk to the Bo. 7; '
,F
t
s` , obert D. as n, Pro-Tem
De ty Cle to the Board / J/
/ W F. Garcia
AP' `OV- . ASTO4 4;i
vid E. Long
my Attorney
Dougla Radema her
Date of signature: j0bl0g
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GREAT WESTERN OIL AND GAS COMPANY, LLC
USR #1656
1. A Site Specific Development Plan and Use by Special Review Permit#1656 is for Oil and
Gas Production Facilities (two oil and gas wells - and any additional wells allowed by the
Colorado Oil and Gas Conservation Commission drilled from the same pad, along with a
tank battery site)in the R-1 (Lot Density Residential)and C-1 (Neighborhood Commercial)
Zone Districts, 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 nuisance conditions.
6. 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.
7. The operation shall comply with all applicable State noise statutes and/or regulations.
8. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Health and Environment, Water Quality Control Division.
9. 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 and volatile organic compounds.
10. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
11. The applicant is required to comply with all Colorado Department of Public Health and
Environmental (CDPHE) regulations regarding berming and spill prevention for materials
and liquids stored on the site.
12. The applicant is required to comply with requirements listed within Chapter 23, Article V,
of the Weld County Code, for anchoring oil and gas facilities located in floodplains and
floodways, where applicable.
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DEVELOPMENT STANDARDS - GREAT WESTERN OIL AND GAS COMPANY, LLC
(USR#1656)
PAGE 2
13. Access shall be controlled by gates on the access roads, unless and until, a subdivision is
platted around the production site, at which time the well sites and tank batteries shall be
fenced to prevent access.
14. 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.
15. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
18. 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.
19. 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.
20. 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.
21. The property owner or operator shall comply with all applicable rules and regulations of
state and federal agencies, including, but not limited to, the Colorado Oil and Gas
Conservation Commission rules and regulations, and the Weld County Code.
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