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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #987 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (NATURAL
GAS PROCESSING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT -
DCP MIDSTREAM
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 15th day of
August,2007,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of DCP Midstream, 1324 North 7th Avenue,Greeley,Colorado 80631,fora Site Specific
Development Plan and Amended Use by Special Review Permit #987 for a Mineral Resource
Development Facility including an Oil and Gas Support and Service Facility(natural gas processing
facility) in the A (Agricultural) Zone District on the following described real estate, being more
particularly described as follows:
SW1/4 SW1/4 of Section 30, Township 3 North,
Range 63 West West of the 6th P.M.,Weld County,
Colorado
WHEREAS,said applicant was represented by Patrick Groom,Witwer,Oldenburg, Barry
and Johnson, LLP, 822 7th Street, Suite 760, Greeley, Colorado 80631, at said hearing, 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 Chapter22 and
any other applicable code provisions or ordinance in effect.
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." Further,
Section 22-5-100.B (OG.Goal 2) states, "The extraction of oil and gas
resources should conserve the land and minimize the impact on surrounding
land." The request fora Site Specific Development Plan and Amended Use
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AMENDED SPECIAL REVIEW PERMIT#987 - DCP MIDSTREAM
PAGE 2
by Special Review Permit for a Mineral Resource Development Facility,
including an Oil and Gas Support and Service Facility (natural gas
processing Facility)in the A(Agricultural)Zone District,is an amendment to
an existing permit.
1) Use by Special Review#987,for the Natural Gas Processing Facility
identified as the Enterprise Gas Processing Plant,was approved by
the Board of County Commissioners in November 1992,for Snyder
Oil Company.
2) This application addresses the current on-site conditions,and serves
as a baseline for future improvements to the site. Upgrades to the
facility addressed under this application are for on-going
modernization of the material distribution system and upgrades as
required by the Colorado Oil and Gas Conservation Commission for
regulatory compliance. These modifications will not increase truck
trips per day. Further, the new application was required by the
Department of Planning Services due to a change in ownership of the
facility and previous modifications to the facility.
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 for a Mineral Resource Development Facility including Oil and Gas
Support and Service(natural gas processing facility)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. To the north, east, and south are
agricultural lands with oil and gas encumbrances and dryland agriculture;to
the west are three existing Use by Special Review Permits. AmUSR-386,
for Coors Energy Company,is fora fly ash facility; USR-1160,also for Coors
Energy Company,is fora surface coal mine;and USR-1285,for Lambland,
is for the operation of a landfill. There are four property owners within five
hundred feet of this facility. No letters or telephone calls were received from
adjacent property owners. Should concerns be raised, the Conditions of
Approval and Development Standards will ensure that there are adequate
provisions in place to address the concerns of adjacent and surrounding
property owners.
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 existing
site is not within the three-mile referral area of an incorporated municipality.
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e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The existing site is within the County-Wide Road
Impact Fee Area and the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Areas. 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 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. This facility was acquired by the Duke Energy Field Services Division
in the early 1990s. Previous to this acquisition,the facility was permitted and
operated by Snyder Oil Company and Associated Natural Gas, Inc.
g. Section 23-2-230.6.7 -- 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 DCP Midstream for a Site Specific Development Plan and
Amended Use by Special Review Permit #987 for a Mineral Resource Development Facility
including an Oil and Gas Support and Service Facility (natural gas processing facility) 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 plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
2) The plat shall be labeled AmUSR-987.
3) The attached Development Standards.
4) The approved Screening Plan, to address the outdoor storage of
materials associated with this facility,which shall be screened from
adjacent properties and public rights-of-way.
5) The approved Sign Plan for all facility identification signs.
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6) County Road 18 is designated on the Weld County Road
Classification Plan as a local paved road,which requires 60 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way.
All setbacks shall be measured from the edge of future right-of-way.
The applicant shall verify the existing right-of-way and the documents
creating the right-of-way. This road is maintained by Weld County.
7) County Road 59 is designated on the Weld County Road
Classification Plan as a local paved road,which requires 60 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way.
The applicant shall verify the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the
edge of future right-of-way. This road is maintained by Weld County.
County Road 59, at the cattle guard,changes to a private access to
the Gutterson Ranch area,which provides access to the Coors Mine,
Waste Management, and A-1 Organics. This private road access
appears to provide access to the DCP Midstream site also. The
Weld County Department of Public Works has Road Maintenance
Agreements with the Coors Mine, Waste Management, and
A-1 Organics for heavy hauling from the facilities associated with
County Roads 18 and 59. The DCP Midstream application identifies
only one semi-truck per day utilizing the facility, therefore, the
Weld County Department of Public Works is not requiring a Road
Maintenance Agreement for this facility at this time.
8) The screened trash enclosure for the facility,which shall comply with
the Weld County Code.
9) A graphic key and or symbol serving to identify each component that
is located within the Amended Use by Special Review Permit
boundary. The key and corresponding component shall be
summarized in tabular format and be clearly delineated on the plat.
B. 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 (APCD) of the Colorado Department of Public Health and
Environment. Alternately, the applicant may provide evidence from the
APCD that they are not subject to these requirements. Written evidence of
approval shall be submitted to the Department of Planning Services.
C. 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 Environment. Written evidence of approval
shall be submitted to the 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
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Public Health and Environment. 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
(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 indicate specifically on the plat the type of right-of-way/
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. The right-of-way or easement
shall be graded and drained to provide all-weather access.
F. The applicant shall address the concerns of the Department of Public
Works,as outlined in the referral dated March 30,2007. Truck parking and
loading facilities shall be adequately graveled and shall be graded to prevent
drainage problems. Written evidence of approval by the Department of
Public Works shall be submitted,in writing,to the Weld County Department
of Planning Services.
G. The applicant shall address the concerns of the Weld County Sheriffs
Office, as outlined in the referral dated April 1, 2007. Written evidence of
approval shall be submitted to the Department of Planning Services.
H. The applicant shall submit a Screening Plan,to the Department of Planning
Services, to address the outdoor storage of materials associated with this
facility, which shall be screened from adjacent properties and public
rights-of-way.
The applicant shall submit a Sign Plan, to the Department of Planning
Services, for all facility identification signs, including location and size.
J. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. One month prior to construction activities:
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(1)acre in area. The applicant
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shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information. Written evidence of approval shall be submitted to the
Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 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.
4. 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(o)co.weld.co.us.
5. 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.
6. In accordance with Weld County Code Ordinance#2005-7,approved June 1, 2005,
should the plat not be recorded within the required thirty(30)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.
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AMENDED SPECIAL REVIEW PERMIT#987 - DCP MIDSTREAM
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 15th day of August, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � �� _ � /J::'LSED
vi . Long, Chair
Weld County Clerk to the Board
,1661 r5 0.2
�i11\�J BY: etal-01X :+ H. J Pro-Tem
Deputy Clerk to the Board
illiam . Garcia
A V AS TO •
AEXCUSED
obert D. Masden
unty A orney ( sue
Douglas F7ademacher
7
Date of signature: —y C�
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP MIDSTREAM
AMUSR#987
1. The Site Specific Development Plan and Amended Use by Special Review Permit#987 is
for a Mineral Resource Development Facility including an Oil and Gas Support and Service
Facility(natural gas processing facility)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. 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.
7. 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.
8. The operation shall comply with all applicable State noise statutes and/or regulations.
9. Bottled water shall be provided for employees.
10. Adequate hand washing and toilet facilities shall be provided for employees.
11. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. 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.
14. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission
rules and regulations,including drill pad construction,stormwater controls,and reclamation.
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15. The applicant is required to comply with all Colorado Department of Public Health and
Environment, Water Quality Control Division, regulations regarding stormwater quality
permitting and protection, and construction stormwater discharges.
16. A building permit will be required for all new buildings on the site. A building permit will also
be required for additional equipment that will require a foundation.
17. A plan review is required for each building. Plans will require the wet stamp of a Colorado
registered architect or engineer.
18. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
19. Fire resistance of walls and openings,construction requirements,maximum building height,
and allowable areas will be reviewed at the plan review.
20. The applicant shall provide a letter of approval from the Southeast Weld Fire Protection
District prior to applying for building permits.
21. 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.
22. 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.
23. The facility operates twenty-four(24)hours per day,seven(7)days per week,as stated in
the application materials.
24. The Enterprise Plant Facility is limited to one (1) full-time employee, as stated in the
application materials.
25. The Enterprise Plant Facility is limited to one(1)truck per day,as stated in the application
materials.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
28. 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.
29. 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
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DEVELOPMENT STANDARDS - DCP MIDSTREAM (AMUSR #987)
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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.
30. 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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