HomeMy WebLinkAbout20210349.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Butch White, 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: USR20-0031
APPLICANT: ONEOK ELK CREEK PIPELINE, L.L.C
PLANNER MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE, SPECIFICALLY OIL AND
GAS PROCESSING FACILITIES AND RELATED EQUIPMENT (PUMP STATION)
OUTSIDE OF SUBDIVISIONS AND TOWNSITES IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A RECX20-0068, BEING PART OF SECTION 13, T7N, R56W OF THE 6TH
P.M., WELD COUNTY, COLORADO
LOCATION: SOUTH OF AND ADJACENT TO CR 82; APPROXIMATELY 0.41 MILES WEST
OF CR 157.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are compliant 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 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-60.B.3. states: "Require that energy and mineral resource development conserve the
land and minimize the impact on surrounding land and the existing surrounding land uses."
Weld County recognizes that the transportation of petroleum products such as natural gas liquids
(NGL) is an essential component of the economy. However, that such developments have a minimal
impact on the citizens and land of the County. The proposed Stoneham Pump Station is located in an
area that does not impact surrounding land uses as the Pump Station is located in a remote and
undeveloped portion of the County, adjacent to a permitted and constructed pipeline corridor. The
Pump Station area occupies a small footprint, thereby diminishing unnecessary encumbrance of land,
thus conserving the surrounding land as much as practicable.
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." This
code section supports the purpose of the proposed Pump Station, which is directly related to energy
development.
Section 23-3-40.W. — Uses by special review, of the Weld County Code includes, "oil and gas support
and service" This code section allows the applicant to apply for the subject Pump Station to support
the transportation of natural gas liquids under a USR permit. Per Section 23-1-90 of the Weld County
Code "oil and gas support and service" allows for: "Oil and gas processing facilities and related
equipment, including, but not limited to, compressors associated with gas processing or which
RESOLUTION USR20-0031
ONEOK ELK CREEK PIPELINE, L L C
PAGE 2
compress gas to enter a pipeline for transport to market" and "Midstream activities including the
processing, stonng, transporting and marketing of oil, natural gas and natural gas liquids "
All the components of the facility will support this the Pump Station including select Accessory Uses
allowed in the A (Agncultural) Zone District per Section 23-3-30 of the Weld County Code,
specifically, structures, signage and the proposed on -site Morgan County Rural Electnc Association
(MCREA) substation The proposed on -site MCREA substation falls below the 69kV ingoing or
outgoing power threshold, thereby eliminating any separate County land use permitting obstacles for
this component of the site and is considered an Accessory Use The substation and equipment have
been designed to provide the requested electncal service to Pump Station It will exclusively serve
the facility and no other consumers
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The adjacent lands are zoned A (Agricultural) and consist of rangeland, dry land agriculture, vacant
land, and rural residential uses and contain oil and gas encumbrances including buned oil and gas
pipelines such as the Elk Creek Pipeline, permitted by USR18-0043 and being the sole reason for the
proposed Pump Station
The proposed facility will be located on newly created Lot A of Recorded Exemption RECX20-0068,
which was split out of the larger Northeast Quarter Section of land, owned by Matthew and Bethany
Kilmer The Kilmer's were the original property owner listed for this USR application and had granted
wntten authorization for the proposed Pump Station when the USR application was submitted on
October 9, 2020 Thereafter, the Kilmer's sold Lot A of RECX20-0068 to ONEOK upon recordation of
the plat on September 23, 2020, via Warranty Deed recorded October 27, 2020 The Kilmer's
continue to own all the surrounding parcels, compnsed pnmanly of quarter sections, around the
subject ONEOK property The closest residence is approximately 0 37 miles to the southwest from
the USR boundary and is owned by the Kilmer's
Weld County Department of Planning Services staff sent notice to two (2) surrounding property
owners within 500 feet of the proposed USR boundary No wntten correspondence or telephone calls
were received
Due to the rural and minimal surrounding land uses and the limited adjacent property ownership, the
facility appears to be compatible with the area Additionally, this facility by nature, must be located
immediately adjacent to the existing pipeline and this site appears as suitable as any along the route
in Weld County
D Section 23-2-220 A 4 -- That the uses which would 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 this Code or master plans of affected municipalities
The property is located approximately 0 41 miles west of County Road 157, being the joint Logan
County and Weld County line Logan County did not return a referral response
This site is not located within a Coordinated Planning Agreement boundary or three (3) mile referral
radius of a municipality The site is located approximately 4 miles and 12 5 miles to the east-
southeast of the unincorporated Stoneham Townsite and the Town of New Raymer, respectively
E Section 23-2-220 A 5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by maps
officially adopted by the county
The proposed facility is not located within a regulatory floodplain, Municipal Separate Storm Sewer
System (MS4) area, Greeley -Weld County Airport Overlay District, Geologic Hazard Overlay District
or Historic Townsite Overlay Distnct
RESOLUTION USR20-0031
ONEOK ELK CREEK PIPELINE, L L C
PAGE 3
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
F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve pnme
agricultural land in the locational decision for the proposed use
The locational decision for the site was driven by finding adequate space for the facility, avoiding
Pnme Farmlands and set at an interval that allows for efficient pumping of the natural gas liquids in
the Elk Creek Pipeline The site does not contain Prime Farmlands as detailed in the USDA Natural
Resources Conservation Service (NRCS) map Specifically, the sods are predominately "Blakeland
loamy sand" which is classified as "Not prime farmland" per the NRCS Custom Sod Report prepared
March 31, 2020 and submitted in the application matenals This sod is pnncipally associated with
native rangeland and is found throughout Eastern Colorado The proposed USR will not remove any
irrigated agncultural land from production The Centennial Conservation Distnct did not return a
referral response
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, 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
The Colorado Division of Water Resources, Weld County Public Health and Environment, Weld
County Public Works referrals provide additional background and advisory information regarding
designing and operating the site to protect with the interests of the County, public and other
governmental agencies Additionally, the Lighting Plan, Sign Plan, Landscape and Screening Plan
and Emergency Action Plan will assist in mitigating impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region
This recommendation is based, in part, upon a review of the application matenals 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 submit a copy of the ONEOK and MCREA lease agreement for the on -site
substation (Department of Planning Services)
B A Road Maintenance Agreement is required at this location Road maintenance includes, but is not
limited to, dust control and damage repair to specified construction haul routes (Department of Public
Works)
C The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR20-0031 (Department of Planning Services)
2) The attached Development Standards (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260 D of the Weld County Code (Department of
Planning Services)
4) Show and label any proposed structures and equipment (Department of Planning Services)
RESOLUTION USR20-0031
ONEOK ELK CREEK PIPELINE, L L C
PAGE 4
5) Show and label any on -site oil and gas pipeline infrastructure and appurtenances (Department
of Planning Services)
6) Show and label the MCREA substation, overhead lines, and electrical interconnects on the
site (Department of Planning Services)
7) Show and label the general location of the construction storage and parking areas Refer to
Section 23-2-240 A 6 and Chapter 23, Article IV, Division 1 of the Weld County Code
(Department of Planning Services)
8) Show and label the location of any buffering, screening, fencing and gates Include
specification details on the USR map Refer to Section 23-2-240 A 10 of the Weld County
Code (Department of Planning Services)
9) Show and label the location of the emergency and site identification signage Include sign
specification details on the USR map Refer to Section 23-2-240 A 12, Chapter 23, Article IV,
Division 2, and Appendices 23-C, 23-D and 23-E of the Weld County Code Sign dimensions
shall adhere to the Weld County Sign Code (Department of Planning Services)
10) Show and label the location of the trash collection areas Include specification details on the
USR map Refer to Section 23-2-240 A 13 of the Weld County Code for design cntena
(Department of Planning Services)
11) Show and label any on -site lighting All lighting shall be downcast and shielded so that light
rays will not shine directly onto adjacent properties Include lighting specification details on the
USR map Refer to Section 23-2-250 D of the Weld County Code for design cntena
(Department of Planning Services)
12) Show and label the setback radiuses for existing oil and gas tank battenes and wellheads, if
applicable Setback requirements are located in Section 23-3-70 E of the Weld County Code
(Department of Planning Services)
13) Show and label all recorded easements and nghts-of-way on the map by book and page
number or reception number and recording date, including the MCREA substation easement,
Elk Creek Pipeline easement and USR18-0043 (Department of Planning Services)
14) County Road 82 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout The
applicant shall delineate and label on the site map or plat the future and existing nght-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road All setbacks shall be measured from the edge of nght-of-way This road is maintained by
Weld County (Department of Public Works)
15) County Road 157 Section Line is shown to have 30 feet of unmaintained section line right-of-
way per the Weld County GIS right-of-way map The applicant shall delineate the existing right-
of-way on the site plan Show and label the section line Right -of -Way as "CR 157 Section Line
Right -Of- Way, Not County Maintained " All setbacks shall be measured from the edge of nght-
of-way (Department of Public Works)
16) Show and label the approved access locations, approved access width and the appropriate
turning radii on the site plan The applicant must obtain an access permit in the approved
location pnor to construction (Department of Public Works)
17) Show and label the entrance gate if applicable An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet (Department of Public Works)
RESOLUTION USR20-0031
ONEOK ELK CREEK PIPELINE.. L L C.
PAGE 5
18) Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention; No -Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
19) Show and label the drainage flow arrows. (Department of Public Works)
20) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
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 Mylar map along with all other documentation required
as Conditions of Approval. The Mylar 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 Mylar 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)
In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution; a $50.00 recording continuance charge shall added for each additional three
(3) month period. (Department of Planning Services)
Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County grading permit will be required.
(Department of Public Works)
B. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office of
Emergency Management and the New Raymer - Stoneham Fire Protection District. The plan shall be
reviewed on an annual basis by the; Facility operator, the Fire District and the Weld County Office of
Emergency Management. Submit evidence of acceptance to the Weld County Department of
Planning Services. (Department of Planning Services)
C. The approved access shall be permitted prior to onsite construction. (Department of Public Works)
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. (Department of Planning
Services)
RESOLUTION USR20-0031
ONEOK ELK CREEK PIPELINE, L L C
PAGE 6
Motion seconded by Lonnie Ford
VOTE
For Passage
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
Against Passage Absent
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, Knstine 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 January 19, 2020
Dated the 19th of January, 2021
45.44611 Ad -0,10u
Knstine Ranslem
Secretary
RESOLUTION USR20-0031
ONEOK ELK CREEK PIPELINE, L L C
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ONEOK Elk Creek Pipeline, LLC
Stoneham Pump Station
USR20-0031
1 A Site Specific Development Plan and Use by Special Review Permit, USR20-0031, for Oil and Gas
Support and Service, specifically oil and gas processing facilities and related equipment (Pump Station)
in the A (Agricultural) Zone Distnct outside of subdivisions and historic townsites, subject to the
Development Standards stated hereon (Department of Planning Services)
2 Approval of this plan may create a vested property nght pursuant to Section 23-8-10 of the Weld
County Code (Department of Planning Services)
3 The facility will operate 24 hours per day, 365 days per year, according to the application matenals
(Department of Planning Services)
4 The facility is unmanned Routine operation, maintenance and inspection activities will occur as
needed No permanent employees are proposed according to the application matenals (Department of
Planning Services)
5 The on -site circulation shall be maintained (Department of Planning Services)
6 The operator shall maintain compliance with the accepted Sign Plan All signs shall adhere to Section
23-2-240 A 12, Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld
County Code (Department of Planning Services)
7 The operator shall maintain compliance with the accepted Decommissioning Plan (Department of
Planning Services)
8 The operator shall maintain compliance with the accepted Lighting Plan (Department of Planning
Services)
9 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or pnvate streets No colored lights may be used which may be
confused with, or construed as, traffic control devices (Department of Planning Services)
10 The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives of the Fire Distnct and
the Weld County Office of Emergency Management to the Department of Planning Services
(Department of Planning Services)
11 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)
12 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)
RESOLUTION USR20-0031
ONEOK ELK CREEK PIPELINE, L L C
PAGE 8
13 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 The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and
Environment)
14 Fugitive dust should attempt to be confined on the property Uses on the property shall comply with the
Colorado Air Quality Commission's air quality regulations (Department of Public Health and
Environment)
15 The operation 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)
16 Adequate dunking, handwashmg 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
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 by a cleaner licensed
in Weld County and shall contain hand sanitizers Portable toilets shall be screened from existing
adjacent residential properties (Department of Public Health and Environment)
17 All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations (Department of Public Health and Environment)
18 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 will comply
with the Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of
the State Underground and Above Ground Storage Tank Regulations (Department of Public Health
and Environment)
19 The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur (Department of Public Health and Environment)
20 Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations (Department of Public Health and Environment)
21 The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C R S (Department of Public Health and Environment)
22 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)
23 A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site or as applicable (Department of Public Health
and Environment)
24 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
25 The applicant 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)
RESOLUTION USR20-0031
ONEOK ELK CREEK PIPELINE, L L C
PAGE 9
26 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)
27 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 (Department of Public Works)
28 The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking (Department of Public Works)
29 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Public Works)
30 Any work that may occupy and or encroach upon any County nghts-of-way or easement shall acquire
an approved Right -of -Way Use Permit pnor to commencement (Department of Public Works)
31 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Department of Public Works)
32 The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates (Department of Public Works)
33 The histoncal flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
34 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
35 Budding permits shall be required for any new construction (buildings and/or structures) per Section 29-
3-10 of the Weld County Code A building permit application must be completed and submitted
Buildings and structures shall conform to the requirements of Chapter 29 of the Weld County Code, and
the adopted codes at the time of permit application Currently, the following have been adopted by
Weld County 2018 International Building Codes, 2006 International Energy Conservation Code, 2017
National Electrical Code (Department of Budding Inspection)
36 A complete code analysis prepared by a registered design professional is required and shall be
submitted with all Commercial Budding Permit Applications to Weld County A Floor Plan shall be
submitted showing room dimensions, room uses, along with details showing compliance with
Accessibility requirements and currently adopted building codes (Department of Building Inspection)
37 All new Commercial Building Projects require Fire District Notification (letter or email form) Proof shall
be submitted with Commercial Permit applications Final Fire Distnct Approval is also required pnor to
issuing a Certificate of Occupancy (Department of Building Inspection)
38 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
39 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
RESOLUTION USR20-0031
ONEOK ELK CREEK PIPELINE, L L C
PAGE 10
40 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
41 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral' deposits are essential to the state's economy, (b) the populous counties of
the state face a critical shortage of such deposits, and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the vanous impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are
protected property nghts and mineral owners should be afforded the opportunity to extract the mineral
resource
42 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life Without neighboring farms, those features which attract
urban dwellers to rural Weld County would quickly be gone forever
Agncultural users of the land should not be expected to change their long-established agncultural
practices to accommodate the intrusions of urban users into a rural area Well -run agncultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles
on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal
confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping
activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying It is common practice for agncultural producers to utilize
an accumulation of agncultural machinery and supplies to assist in their agncultural operations A
concentration of miscellaneous agncultural matenals often produces a visual disparity between rural
and urban areas of the County Section 35-3 5-102, C R S , provides that an agncultural operation shall
not be found to be a public or pnvate nuisance if the agncultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agncultural production
Water has been, and continues to be, the lifeline for the agncultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated nght to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
County roads outside of municipalities The sheer magnitude of the area to be served stretches
available resources Law enforcement is based on responses to complaints more than on patrols of the
County, and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road Snow removal pnonties
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers
RESOLUTION USR20-0031
ONEOK ELK CREEK PIPELINE, L L C
PAGE 11
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irngation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
sPL Pk -Auks
(Iv( IgoaA
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 19, 2021
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,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland.
Tom Cope, Troy Mellon.
Also Present: Chris Gathman and Michael Hall, Department of Planning Services; Lauren Light.
Department of Health; Melissa King, and Zack Roberson, Department of Public Works; Bob Choate, County
Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION
LOCATION
USR20-0031
ONEOK ELK CREEK PIPELINE. L L.C.
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE. SPECIFICALLY OIL
AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT (PUMP
STATION) OUTSIDE OF SUBDIVISIONS AND TOWNSITES IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT A RECX20-0068, BEING PART OF SECTION 13, T7N. R56W OF THE 6TH
P.M., WELD COUNTY; COLORADO
SOUTH OF AND ADJACENT TO CR 82: APPROXIMATELY 0.41 MILES WEST
OF CR 157.
Michael Hall, Planning Services, presented Case USR20-0031, reading the recommendation and
comments into the record. Mr. Hall stated that this pump station will support the transportation of natural
gas liquids in the Elk Creek Pipeline (ECP) which traverses under the subject property. The ECP is a 900 -
mile 20 -inch diameter NGL transportation pipeline and construction was completed in December of 2009.
This proposed pump station is one of ten proposed similar facilities along this 900 -mile pipeline.
Mr. Hall stated that in partnership with Morgan County Rural Electric Association an on -site substation will
also be constructed to support the power demand of the facility and is designed to receive a proposed 69kV
transmission line. Because the substation has an incoming power of 69kV or less, the substation is deemed
an accessory use to the pump station and not separate permitting is required for the substation.
Mr. Hall noted that no correspondence or phone calls were received from surrounding property owners.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Melissa King, Public Works. reported on the existing traffic, access to the site and drainage conditions for
the site. A second access point onto County Road 82 has been proposed for installation, decommissioning
and routine maintenance of the pump station, therefore the applicant shall obtain a separate access permit
for this location. Because Public Works is requesting a separate access permit, Ms. King requested to add
a new Condition of Approval 4.C to read "The approved access shall be permitted prior to onsite
construction.'
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Cam Morse, Environmental Resources Management, 555 17th Street, Denver, Colorado and Jake
Rosenberg via phone. Mr. Morse stated that the pump station will support the transportation of natural gas
liquids in the Elk Creek Pipeline which traverses under the subject property. This pipeline originates at the
ONEOK terminal in Montana and travels through Wyoming and Colorado and terminates in the ONEOK
facility in Kansas.
1
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 Staff if there are any changes to the Resolution Ms King stated that Public Works is
requesting the addition of Condition of Approval 4 C to read "The approved access shall be permitted prior
to onsite construction"
Motion Add Condition of Approval 4 C as recommended by Staff, Moved by Tom Cope, Seconded by
Troy Mellon Motion carried unanimously
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
Motion Forward Case USR20-0031 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 Butch White, Seconded by Lonnie Ford
Vote Motion carried by unanimous roll call vote (summary Yes = 9)
Yes Butch White, Dwaine Barclay, Eluah Hatch, Gene Stile, Lonnie Ford, Sam Gluck, Skip Holland, Tom
Cope, Troy Mellon
Meeting adjourned at 1 16 pm
Respectfully submitted,
66,1:66 T 1141.VI,C
Kristine Ranslem
Secretary
2
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