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HomeMy WebLinkAbout20040790.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS • Moved by Bryant Gimlin,that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1467 APPLICANT: Prima Oil and Gas PLANNER: Sheri Lockman LEGAL DESCRIPTION: Part of Section 34, T6N,R67 W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Review Permit for an oil and gas production facility (nine oil and gas wells) in the I-1 (Industrial) Zone District. LOCATION: East of and adjacent to Hwy 257; south of and adjacent to CR 64. be recommended favorably to the Board of County Commissioners for the following reasons: The Planning Commission recommends the following be included as conditions of approval: 1. Prior to recording the plat: 1. All pages of the plat shall be labeled USR-1467. (Department of Planning Services) 2. The applicant shall attempt to address the conditions (concerns) of the City of Greeley as indicated in a referral response dated March 25, 2004. Written evidence of such shall be submitted to the Department of Planning Services. (Department of Planning Services) 3. The Colorado Department of Transportation(CDOT)has jurisdiction over all accesses to the state highways. The applicant shall contact Gloria Hice-Idler or Tess Jones at the Greeley office to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. Written evidence that all CDOT requirements have been met shall be submitted to the Department of Planning Services. (Departments of Planning Services and Public Works) 4. 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), Colorado Department of Health and Environment. Alternately,the applicant can provide evidence from the APCD that they are not subject to these requirements. Written evidence that the requirements have been met to the satisfaction of the Weld County Health Department shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) 5. According to the application materials submitted the site will temporarily store oil and water in aboveground storage tanks. Therefore, the applicant shall submit evidence of an Aboveground Storage Tank perm it from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately,the applicant can provide evidence from the(CDL&E),Oil Inspection Section that they are not subject to these requirements. Written evidence that the requirements have been met to the satisfaction of the Weld County Health Department shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) 6. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. Written evidence that the Water Quality Control Divisions requirements have been met to the satisfaction of the Weld County Health Department shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) EXHIBIT I A jly C 7970 Resolution USR-1467 Prima Oil & Gas Page 2 7. The applicant shall submit a waste handling plan,for approval, to the Environmental Health Services Division of the Weld County Department of Public Health&Environment. Evidence of Health Department approval shall be submitted 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 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 site. 3. The waste handler and facility where the waste will be disposed(including the facility name,address,and phone number).(Department of Public Health and Environment) 8. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled USR-1467. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The location of the Floodway and Flood Plain as delineated on FIRM Community Panel#080266 0605 D and 080266 0001,dated September 27,2991. (Department of Planning Services) 9. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Prior to Construction: A. Any wells located within a Floodplain will require a Flood Hazard Development Permit. (Department of Planning Services) B. Any wells located within the Floodway will require a Flood Hazard Development Permit including a No Rise Certificate. (Department of Planning Services) C. All required building, as described on the Department of Building Inspection referral response, dated March 9, 2004, shall be obtained. (Department of Building Inspection) D. If any work associated with this project requires the placement of dredged or fill material,and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the Untied States at this site, the Department of the Army, Corps of Engineers, should be notified for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Corps of Engineers) 3. Upon completion of 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 Department of Planning Services' Staff. 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. (Department of Planning Services) 4. The Department of Planning Services respectively 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 Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps{o�co.weld.co.us. (Department of Planning Services) Resolution USR-1467 Prima Oil & Gas Page 3 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Prima Oil & Gas USR-14627 1. The Site Specific Development Plan and Special Use Permit is for an oil and gas production facility (Nine oil and gas wells) in the I-1 (Industrial)Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 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,30-20-100.5,C.R.S.,as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of Public Health and Environment) 7. The operation shall comply with all applicable rules and regulations of the Colorado Oil and Gas Conservation Commission. (Department of Public Health and Environment) 8. If applicable, the applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 11. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the facility. (Department of Public Health and Environment) 12. Bottled water shall be utilized for drinking and hand washing. (Department of Public Health and Environment) 13. 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). (Department of Public Health and Environment) 14. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment 15. The access road to the oil and gas production facility(for oil and gas wells) should be a graded and drained road to provide an all-weather access to the facility. (Department of Planning Services) 16. If any work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the Untied States at this site, the Department of the Army, Corps of Engineers, should be notified for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Corps of Engineers) Resolution USR-1467 Prima Oil & Gas Page 2 17. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning Services) 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 20. 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. 21. The 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. 22. 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. Motion seconded by Stephen Mokray VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Tim Tracy Doug Ochsner The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on April 6, 2004. Dated the 6th of April, 2004. Voneen Macklin Secretary Hello