The URL can be used to link to this page

Browse Search

Home My WebLink About20250660.tiffEXHIBIT Before the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Michael Palizzi, 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: USR24-0025 Applicant: Cervi Enterprises, Inc., c/o Kerr-McGee Oil and Gas Onshore. LP Planner: Diana Aungst Request: Use by Special Review Permit for Oil and Gas Support and Service (substation and compressor station) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Description: All of Section 23, Township 3 North, Range 63 West of the 6th P.M., Weld County, Colorado. Location: Approximately 3.5 miles west of County Road 386; approximately 2.5 miles north of 1-76. be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 - The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60.8 states, "Support responsible energy and mineral development." The applicant, Kerr McGee Oil and Gas Onshore (KIMOG) (a subsidiary of Occidental Petroleum Corporation) is a requesting a USR for an electric substation that will encumber 0.7 -acres and gas lift compressor station for four (4) compressors to be located on 3.5 -acres. Both the substation and compressor station will be on a +/- 640 -acre parcel. The substation transformer has a capacity of 25 MVA and there will be a step down / step up transformer with 115kV primary and 24.9 kV secondary. There is a short connection (gen-tie) between the Tri-State switch yard that is located to the north of the subject property. There will be a total of four compressors. Two (2) compressors will be installed immediately and then as more oil and gas locations come online over the next two (2) years the other two (2) compressors will be installed. According to the Reclamation Statement the site will be reclaimed upon termination of the substation and compressor station. All equipment will be removed, and the ground will be graded to accommodate agricultural uses or be re -vegetated to 80% of pre -disturbance vegetative cover. The site will be fenced with a chain link fence or cattle fence. The substation and compressor station, to be known as the Bronco Comprehensive Development Plan (CDP) Electric Substation and Gas Lift Compression Station, will support the Bronco CDP which is nine (9) oil and gas locations submitted and reviewed by the Oil and Gas Energy Department (OGED) under case #1041 WOGLA22-0044. The substation and compressor station will support the nine (9) oil and gas locations identified in the Bronco CDP. Section 22-2-60.8.2. states, "Ensure that infrastructure, such as adequate roads and utilities, exists or can be made available prior to development of energy and mineral resource production facilities. The access will be from US Hwy 34 at mile post 128.772 (County Road 69). The applicant has applied for and received approval of a Colorado Department of Transportation (CDOT) access permit 419110. The site is located seven -and a -half (7.5) -miles south of US -34 and two -and a -half (2.5) -miles north of 1-76 along County Road 69 resolution right-of-way) Resolution USR24-0025 Cervi Enterprises, Inc , c/o Kerr-McGee Oil and Gas Onshore, LP Page 2 B Section 23-2-220 A 2 - The proposed use is, consistent with the intent of the A (Agricultural) Zone District Section 23-3-10 — Intent, of the Weld County Code states "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the county The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, _and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses " Section 23-3-40 V of the Weld County Code allows for a Use by Special Review Permit for Oil and Gas Support and Service in the A (Agricultural) Zone District Oil and Gas Support and Service is defined in Section 23-1-90 and lists natural-gas compressor stations and -natural gas processing facilities, including liquification (LNG) facilities The substation will support_the new oil and gas facilities in the area as listed in the Bronco Comprehensive Development Plan (CDP) C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses - The adjacent properties are zoned A (Agricultural) and the land uses include dryland pasture grasses and oil and gas encumbrances There are no residences within One (1) mile of the site There are two (2) USRs within one (1) mile of the site USR-1562 for electrical power lines and USR-1166 for a 22 -inch pipeline The Weld County Department of Planning Services sent notice to two (2) Surrounding Property Owners No correspondence was received on this case The applicant has submitted a Reclamation Statement The site is surrounded by properties that are owned by the same owner as the subject property and in a remote area of the County being located_seven-and a-half'(7 5) -miles south of US -34 and two -and a -half (2 5) -miles north of 1-76 along County Road 69 resolution nght-of-way The proposed use is in an area that can support this development and the Development Standards and the Conditions of Approval will assist in mitigating the impacts 'of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region The proposed use is in an area that can support this development and the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region D Section 23-2-220 A 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 not located within the three (3) mile referral area of an incorporated municipality or a County E Section 23-2-220 A 5 - The application complies with Chapter 23, Articles V and XI, of the Weld County Code - - The property is not located within any overlay district officially adopted by the County, including A- P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay Distnct, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites Overlay District, orAgncultural Heritage Overlay District - Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs Resolution USR24-0025 Cervi Enterprises, Inc , do Kerr-McGee Oil and Gas Onshore, LP Page 3 F Section 23-2-220 A 6 - If the use is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve Prime Farmland in the locational decision for the proposed use The proposed site is located four hundred ninety-five (495) acres of Valent-Loup complex, low to - severe slopes (0 to 9%), one hundred twenty-three (123) acres of Valent sand, low slope (0 to 3%); one (1) acre of Loup-Boel loamy sands, low slope (0 to 3%), four (4) acres of Valent sand, moderate to severe slopes (3 to 9%), and sixteen (16) acres of water The -above listed soil types are designated as "Not Prime Farmland" with Valent sand, low slope (0 to 3%) designated as "Farmland of Local Importance" The 4 2 acres of land that will be built out for the substation and compressor station are located on Valent sand, low to severe slopes (0 to 9%) No "Prime Farmland" will be removed from production G Section 23-2-220 A 7 - There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23- 2-250, and 23-4-290, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached 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 and,wdl address and mitigate impacts on the surrounding area with the operation of open mining (sand, gravel, stone, and overburden) and processing of minerals This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the map A The applicant shall acknowledge the recommendations of the Weld County Oil and Gas Energy Department, as stated in their referral dated October 23, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) B The map shall be amended to delineate the following 1 All sheets of the map shall be labeled USR24-0025 (Department of Planning Services) 2 The attached Development Standards (Department of Planning Services) 3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) 4 The applicant shall delineate on the map the trash collection areas Section 23-2-240 A 13 of the Weld County Code addresses the issue of trash collection areas (Department of Planning Services) 5 The applicant shall develop a Lighting Plan for review and acceptance in accordance with Section 23-9-40 and Section 23-2-250 of the Weld County Code (Department of Planning Services) 6 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) Resolution USR24-0025 Cervi Enterprises, Inc , do Kerr-McGee Oil and Gas Onshore, LP Page 4 7 Show and label all recorded easements by book and page number or reception number and date (Department of Planning Services) 8 Show and label all recorded easements and rights -of -way by book and page number or reception number and date (Department of Planning Services) 9 Show the approved Colorado Department of Transportation (CDOT) access on the map and label with the approved access permit number if applicable (Development Review) 10 Show and label the entrance gate, if applicable (Development Review) 11 Show and label the drainage flow arrows (Development Review) 12 Show and label the parking' and traffic -circulation flow arrows showing how the traffic moves around the property (Development Review) 2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy ( pdf) of the map for preliminary" approval to the Weld County Department of Planning Services Upon approval of the map the applicant shall submit a paper map along with all other documentation required as Conditions of Approval The paper map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requirements "of Section 23-2-260 D of the Weld County Code The Paper map and additional requirements shall be submitted within one hundred twenty (120) 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) 3 In accordance with Appendix 5-J, Weld County Code Ordinance, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution,` a $50 00 continuance fee shall be added for each additional three (3) month period (Department of Planning Services) - 4 Prior to Construction A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required (Development Review) - B Overweight and/or oversized special transport permits from the Department of Public Works shall be acquired for all applicable trucks traveling on County maintained roads (Development Review) 5 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement Resolution USR24-0025 Cervi Enterprises, Inc , do Kerr-McGee Oil and Gas Onshore, LP Page 5 Motion seconded by Barney Hammond VOTE For Passage Against Passage Butch White Michael Palizzi Virginia Guderjahn Barney Hammond Cindy Beemer Absent Pamela Edens Michael Wailes Michael Biwer 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 Commissioners for further proceedings - Certification of COPY I, Kristine Ranslem, 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 March 4, 2025 Dated the 4'h of , Kristine Ranslem Secretary Resolution USR24-0025 Cervi Enterprises, Inc , c/o Kerr-McGee Oil and Gas Onshore, LP Page 6 USE BY SPECIAL REVIEW PERMIT DEVELOPM ENT STANDARDS Cervi Enterprises Inc USR24-0025 1 A Use by Special Review Permit, for Oil and Gas Support and Service (Substation and Compressor Station) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, 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 The facility is unmanned, according to the application materials (Department of Planning Services) 4 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) 5 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 6 The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking (Development Review) 7 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Development Review) 8 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 stormwater runoff (Development Review) 9 Weld County is not responsible for the maintenance of onsite drainage related features (Development Review) 10 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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 (Department of Public Health and Environment) 11 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 (Department of Public Health and Environment) 12 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and Environment) 13 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations (Department of Public Health and Environment) 14 The applicant shall submit an Air Pollution Emission Notice (A P E N) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable (Department of Public Health and Environment) 15 Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times As employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable Records of maintenance and proper disposal for Resolution USR24-0025 Cervi Enterprises, Inc , c/o Kerr-McGee Oil and Gas Onshore, LP Page 7 portable toilets shall be, retained' on a quarterly basis and available for, review by the Weld County Department of Public Health and Environment Portable toilets shall be serviced bye cleaner licensed in Weld County, contain -hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way (Department of Public Health and Environment) 16 All chemicals must be handled in,a safe manner in accordance with product labeling All -chemicals must be stored secure, on an unpeiviouss surface, and in accordance with manufacturer's recommendations (Department of Public Health and Environment) 17 Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation Secondary containment shall be sufficiently - impervious to contain any spilled -or released material Secondary containment devices shall be inspected at regular intervals and maintained in good condition All secondary containment shall comply ,with the _ Energy ,and -Carbon Management Commission (ECMC) Commission Rules (Department of Public Health and Environment) 18 The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations (Department of Public Health and, Environmenty 19 The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in 25-12-103 C R S (Department of Public Health and Environment) 20 The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control 'Division, if applicable (Department of Public -Health and Environment) 21 The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur (Department of Public Health and Environment) 22 The facility shall notify the County of any revocation and/or suspension of any State issued permit (Department of Public Health and Environment) 23 The facility shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance (Department of Public Health and Environment) 24 The operation shall comply with all applicable rules and regulations -of State and Federal agencies and the Weld County Code (Department of Public Health and Environment) 25 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties Sources of light should not cause a nuisance or interfere with the use on the_ adjacent properties in accordance with the map Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets No colored lights,may be used - which may be confused with, or construed as, -traffic control devices (Department of Planning Services) 26 Building permits may be required for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application Currently the following has' been adopted by Weld County 2018 International Building Codes, 2018 International Energy Code, 2023 National Electrical Code, and Chapter 29 of the Weld County Code A Building Permit Application must be completed and two T(2) complete sets of engineered plans, bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A building permit must be issued prior to the start of construction (Department' of Building Inspection) _ Resolution USR24-0025 Cervi Enterprises, Inc , c/o Kerr-McGee Oil and Gas Onshore, LP Page 8 - - 27 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage_ Impact Fee Programs (Department of Planning Services) 28 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended (Department of Planning Services) 29 The property owner or _operator shall -be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code (Department of Planning Services) 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 (Department of Planning Services) - 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 DevelopmentStandards,`as shown or stated, shall require the -approval of an amendment of the Permit by the Weld "County Board of County Conmissioners 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 (Department of Planning Services) - - 32 Construction or use pursuant to approval of a Use by -Special Review Permit shall be commenced within three (3) years from the date of Board of County Commissioners signed Resolution, unless - otherwise -specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be -vacated - 33 This Use by Special Review shall' terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established -by the Board of County 4 Commissioners through the approval process expires The landowner may notify the Department of Planning Services of a termination of the use; or Planning Services staff may observe that the use has been terminated When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes, that the use may have been terminated,- the - Planner shall send certified written notice to the landowner asking that the landowner request to vacate _ the Use by Special Review Permit- - Summary of the Weld County Planning Commission Meeting Tuesday, March 4, 2025 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair Butch White, at 1:30 p.m. Roll Call. Present: Butch White, Michael Palizzi, Virginia Guderjahn, Barney Hammond, Cindy Beemer. Absent: Michael Wailes, Pamela Edens, Michael Biwer. Also Present: Diana Aungst and Maxwell Nader, Department of Planning Services, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: USR24-0025 Applicant: Cervi Enterprises, Inc., do Kerr-McGee Oil and Gas Onshore, LP Planner: Diana Aungst Request: Use by Special Review Permit for Oil and Gas Support and Service (substation and compressor station) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Description: All of Section 23, Township 3 North, Range 63 West of the 6th P.M., Weld County, Colorado. Location: Approximately 3.5 miles west of County Road 386; approximately 2.5 miles north of 1-76. Diana Aungst, Planning Services, presented Case USR24-0025, reading the recommendation and comments into the record. Ms. Aungst noted that no correspondence was received from the surrounding property owners. Ms. Aungst provided a report from Environmental Health including reports on the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Matthew Wells, 1099 18th Street, Denver, Colorado, stated that in 2023 the Weld County Oil and Gas Department had approved their Bronco Comprehensive Development Project which will consist of 141 oil ang gas wells at nine (9) facilities. The USR presented today is in support of those nine (9) oil and gas facilities. Last year, a laydown yard and a communication tower were approved and this USR today is the last of the planned USRs associated with the Bronco Development Plan. Mr. Wells provided a brief description of the centralized gas lift station and added that there will be four (4) compressors located on site. The electrical substation will be tied into the adjacent Tri-State Generation and Transmission Lost Creek switch yard, which is located immediately to the north of this proposed substation. This substation is solely for the use of the Bronco oil and gas development facilities and wells. Construction will start in the second quarter of 2025 upon approval of all permits. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. 1 Motion. Forward Case USR24-0025 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Palizzi, Seconded by Barney Hammond Vote Motion carried by unanimous roll call vote (summary Yes = 5) Yes Barney Hammond, Butch White, Cindy Beemer, Michael Palizzi, Virginia Guderjahn Meeting adjourned at 3 09 p m Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD killethat Lit 42ccne NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip Mari tiCps 1957,rt\fli, Mwll CO . 1-7 CiR 13 Br�hfnr�. goV)3 � a0.rand a ��; k 1) 44,t_ lat15 6 cfy, r� , ily I !/ g g'1'1 950 b c r /fir -4 R/214'wo Esa.s4i+t,1 co vm, </ (L'H+i cc"'/r,,lJ4,rt, a ci it: 1 En zi PLEfeinite � �iar �e'1� 1��/^'�� - cLthkz '�t c �J' i - tip --)/A fALH A-- e A Air tOrith` r An /NointitA 2 /*act, t (AR Eisi 13,,,‘ ttApi,,-) c÷ L, c.f2 jetero km404 fustaLA Islet icc;(2),- 3(Via t.S I e 0, \14flt'&tllDh?��4 � Qh1 ->, 3cs-dnaLTV) - tf C t-‘-2") %3 f`�,� Cry , fir rc=, � it JO tc/r ti r _i�, 14 a Ct COPY] Hello