HomeMy WebLinkAbout20212334.tiffCORRECTED RESOLUTION
(Corrected as to DS #1 and #40)
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT, 2MJUSR21-14-0013, FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE
(COMPRESSOR STATION FOR NATURAL GAS AND ALL RELATED EQUIPMENT,
INCLUDING, BUT NOT LIMITED TO, EIGHT (8) COMPRESSORS, VAPOR RECOVERY
UNITS, SEPARATORS, DEHYDRATORS, STORAGE TANKS, AND ONE (1) 70 -FOOT
IN HEIGHT COMMUNICATION TOWER, A GLYCOL REGEN SKID, A BTEX SKID, A
VAPOR RECOVER UNIT, A COALESCING FILTER SKID, PIPE RACKS, AND TWO (2)
80 -FOOT TALL LIGHTNING PROTECTION MASTS) TO ADD STOCKPILING OF
TOPSOIL, RECLAIMED GRAVEL, RECLAIMED CONCRETE, ET CETERA, A
LAYDOWN YARD AND MORE THAN THE NUMBER OF CARGO CONTAINERS
ALLOWED BY SECTION 23-3-30 OF THE WELD COUNTY CODE (UP TO 30 CARGO
CONTAINERS PROPOSED) OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - ANADARKO E & P
ONSHORE, LLC
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 11th day of
August, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Anadarko E & P Onshore, LLC, 1099 18th Street, Denver, Colorado 80202, for
a Site Specific Development Plan and Second Amended Use by Special Review Permit,
2MJUSR21-14-0013, for Mineral Resource Development Facilities including Oil and Gas Support
and Service (compressor station for natural gas and all related equipment, including, but not
limited to, eight (8) compressors, vapor recovery units, separators, dehydrators, storage tanks,
and one (1) 70 -foot in height communication tower, a glycol regen skid, a BTEX skid, a vapor
recover unit, a coalescing filter skid, pipe racks, and two (2) 80 -foot tall lightning protection masts)
to add stockpiling of topsoil, reclaimed gravel, reclaimed concrete, et cetera, a laydown yard and
more than the number of cargo containers allowed by Section 23-3-30 of the Weld County Code
(up to 30 cargo containers proposed) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot C of Recorded Exemption, RE -3621; being part
of the NW 1/4 of Section 15, Township 3 North,
Range 67 West of the 6th P.M., Weld County,
Colorado' ` ' "
WHEREAS, at said hearing, the applicant was represented by David Van der Vieren,
Western Midstream, 1099 18th Street, Denver, Colorado 80202, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
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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. The applicant has demonstrated that the request is in conformance 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 Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-60. B states: "Support responsible energy and mineral
development."
2) Section 22-2-60.B.1 states: "Ensure that surface development
reasonably accommodates mineral extraction." The site has been
used as a compressor station consistently since USR14-0013 was
approved in 2014. The proposed major amendment for the
stockpiling of topsoil, reclaimed gravel, reclaimed concrete et
cetera and a laydown yard (storage area) will add more traffic and
occasional employees to the site. The intent of the stockpiling is to
centralize materials near planned operations in order to reduce
traffic impacts to neighboring municipalities and road infrastructure.
The laydown yard (storage area) will have about 30 cargo
containers and be used to store equipment used to support water
needs associated with exploration and production activities in the
DJ Basin. The equipment is used to support water delivery
infrastructure that allows water to be piped, as opposed to trucked,
to drilling and completion locations.
3) Section 22-2-60.6.2 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." Storing materials near planned operations will help
reduce traffic impacts to neighboring municipalities and road
infrastructure. A soil stockpile provides temporary storage for
building materials used in the oil and gas development process that
can be reused and recycled.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
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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." The
intent of the A (Agricultural) Zone District is to allow areas for natural
resource extraction and energy development such as the proposed
oil and gas support and service use.
2) Section 23-3-40.W — Uses by special review, of the Weld County
Code include, "Oil and Gas Support and Service."
3) Section 23-3-40.C — Uses by special review, of the Weld County
Code include, "More than the number of Cargo Containers allowed
by Section 23-3-30." These code sections allow the applicant to
apply for the amendment to the compressor site for stockpiling,
laydown yard, and additional cargo containers.
4) Section 23-1-90 — "Oil and Gas Support and Service" allows for:
"Location and operation bases for businesses whose primary
activity includes the following kinds of USES:
b. Equipment and storage yards for street/road and pipeline
construction contractors, and production unit set-up and
maintenance contractors.
d. Storage and rental yards for pipe and production equipment.
g.
Oil and gas processing facilities and related equipment,
including, but not limited to, compressors associated with
gas processing or which compress gas to enter a pipeline
for transport to market."
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent properties are mainly
utilized for pastures, crops, and rural residences. County Road 34 borders
the site on the north and County Road 19 borders the site on the west. The
properties to the south and east are cropland. There are four (4) residences
within 400 feet of the property boundary, the closest residence is
approximately 50 feet north of the northern property line. The laydown yard
will be placed near to the center of the 153 -acre property. There are 15
USRs located within one (1) mile of this parcel. Amended AmUSR-127, for
8,000 head of cattle, USR-1040, for an Ag service establishment, and
USR-338 and USR13-0069, for gravel mining are located south of the site.
USR-43, for a wastewater treatment plant, USR-1063 and USR-1647, for
Fort Saint Vrain generating facility and photovoltaic demonstration project
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are located to the north of the site. Also surrounding the site are eight (8)
USRs for either gas lines or power lines. The Weld County Department of
Planning Services sent notice to eight (8) surrounding property owners.
The Weld County Department of Planning Services has not received any
correspondence from the surrounding property owners. Based on referral
agency responses, the proposed use is in an area that can support this
development. The Conditions of Approval for the original USR14-0013,
required that the applicant submit a Lighting Plan and a
Landscape/Screening Plan. These two (2) plans have been approved and
installed. A Road Maintenance Agreement is required for this major
amendment. The Conditions of Approval and Development Standards 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 23-2-230.6.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the Coordinated Planning
Agreement (CPA) boundary for the Towns of Firestone, Mead, Milliken, and
Platteville. As part of the pre -application process, the Towns were notified
of the proposal by Planning staff and were provided Notice of Inquiry forms
by the applicant. The Town of Firestone returned the Notice of Inquiry form
dated September 21, 2020, the Town of Mead returned the Notice of
Inquiry form dated September 25, 2020. The Town of Milliken returned the
Notice of Inquiry form dated March 24, 2021, and the Town of Platteville
returned the Notice of Inquiry form dated September 22, 2020, all stating
that they do not wish to annex the subject property. The site is located
within the three (3) mile referral area of the Towns of Firestone, Mead,
Milliken, and Platteville. The Town of Firestone submitted referral agency
comments dated May 14, 2021, the Town of Mead submitted referral
agency comments dated June 8, 2021, and the Town of Platteville
submitted referral agency comments dated May 18, 2021, all with no
concerns. The Town of Milliken did not respond with referral agency
comments. The Comprehensive Plan Maps for the Towns of Firestone,
Mead, and Milliken do not include the subject property. The
Comprehensive Plan Map for the Town of Platteville includes this property
and depicts it as Agricultural/Holding (A -H). According to the
Comprehensive Plan for the Town of Platteville, adopted in 2017, the
Agricultural/Holding land use classification is intended to encourage the
sustainability of the regional agricultural and energy economy, discourage
leapfrog development and ensure that land develops in a systematic and
cost-conscious manner. Non-agricultural or non -energy uses and densities
for this land will be re-examined if and when urban levels of service can
serve the land designated as Agricultural/Holding. Prior to annexation, the
concept is to allow one (1) dwelling unit per existing parcel. The property
has been used for a compressor station since about 2015, prior to the
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current Comprehensive Plan adoption date and is being used for energy
development. The Town of Platteville submitted referral agency comments
date May 18, 2021, with no concerns.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located within
any overlay district officially adopted by the County, including A -P (Airport)
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, or
Historic Townsite 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. Building Permits issued on the proposed lot will be required
to adhere to the fee structure of the County Facility Fee and Drainage
Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on soils designated "Other," "Prime if
they become Irrigated", and "Farmland of local importance," per the Natural
Resources Conservation Service (NRCS) Web Soil Survey Farmland
Classification Map. The soils are designated as approximately 33 acres of
Altvan loam with zero (0) to one (1) percent slopes, approximately
86.5 acres of Nunn clay loam zero (0) to one (1) percent slopes,
approximately 2.9 acres of Olney fine sandy loam with zero (0) to one (1)
percent slopes, and approximately 31.5 acres of Valent sand with zero (0)
to three (3) percent slopes, per the NRCS. The existing ground surface is
disturbed native grasses/dirt. The proposed USR will not take any Prime
(Irrigated) Farmland out of production. The Platte Valley Conservation
District did not return a referral agency response.
G. Section 23-2-230.B.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 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 Anadarko E & P Onshore, LLC, for a Site Specific
Development Plan and Second Amended Use by Special Review Permit, 2MJUSR21-14-0013,
for Mineral Resource Development Facilities including Oil and Gas Support and Service
(compressor station for natural gas and all related equipment, including, but not limited to,
eight (8) compressors, vapor recovery units, separators, dehydrators, storage tanks, and
one (1) 70 -foot in height communication tower, a glycol regen skid, a BTEX skid, a vapor recover
unit, a coalescing filter skid, pipe racks, and two (2) 80 -foot tall lightning protection masts) to add
stockpiling of topsoil, reclaimed gravel, reclaimed concrete, et cetera, a laydown yard and more
than the number of cargo containers allowed by Section 23-3-30 of the Weld County Code
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(up to 30 cargo containers proposed) outside of subdivisions and historic townsites 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 map:
A. The applicant shall address the requirements of the Weld County Office of
Emergency Management, as stated in the referral response dated May 17,
2021. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The applicant shall replace all dead and diseased landscaping on the site.
C. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.,
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 2MJUSR21-14-0013.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The map shall delineate the landscaping and screening in
accordance with the accepted Landscape and Screening Plan.
5) The accepted lighting, as shown on the USR14-0013 map.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
7) County Road 34 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
8) County Road 19 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
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the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
9) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii on the site
plan.
10) The applicant shall show and label the approved tracking control on
the site plan.
11) The applicant shall 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.
12) The applicant shall 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.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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 120 days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the map not be recorded within the required 120
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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4. Prior to Construction:
A. The approved tracking control shall be constructed prior to on -site
construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
5. The Second Amended 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 Second Amended 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of August, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
die,4,0
ATTEST:
Stev
Weld County Clerk to the Board
Count ttorney
Date of signature: 12/i'i /2-1
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SITE SPECIFIC DEVELOPMENT PLAN
SECOND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANADARKO E & P ONSHORE, LLC
2MJUSR21-14-0013
1. The Site Specific Development Plan and Second Amended Use By Special Review
Permit, 2MJUSR21-14-0013, is for Mineral Resource Development Facilities including Oil
and Gas Support and Service (compressor station for natural gas and all related
equipment, including, but not limited to, eight (8) compressors, vapor recovery units,
separators, dehydrators, storage tanks, and one (1) 70 -foot in height communication
tower, a glycol regen skid, a BTEX skid, a vapor recover unit, a coalescing filter skid, pipe
racks, and two (2) 80 -foot tall lightning protection masts) to add stockpiling of topsoil,
reclaimed gravel, reclaimed concrete, et cetera, a laydown yard and more than the number
of cargo containers allowed by Section 23-3-30 of the Weld County Code (up to 30 cargo
containers proposed) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District, 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. The unmanned compressor station will operate 24 hours per day, 365 days per year.
4. The hours of operation for the stockpiling area and the laydown yard are
6:00 a.m. - 6:00 p.m., Monday — Sunday, with operations later than 6:00 p.m. if there is
an emergency.
5. The number of on -site employees shall be up to 26, as stated in the application materials.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the accepted Landscape and Screening Plan. Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a Building Permit
or commencement of use, whichever occurs sooner. Dead or diseased plant materials
shall be replaced with materials of similar quantity and quality at the earliest possible time.
8. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
9. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
11. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
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12. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
13. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
14. The historical flow patterns and runoff amounts on the site will be maintained.
15. Weld County is not responsible for the maintenance of on -site drainage related features.
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5,) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
17. 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, C.R.S. §30-20-100.5.
18. 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. The applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
19. 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.
20. 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 of the
Colorado Department of Public Health and Environment, as applicable.
21. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are onsite for less than
two (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, shall
contain hand sanitizers and be screened from the public right-of-way and neighboring
properties.
22. All potentially hazardous chemicals onsite 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.
23. As applicable, 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
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and Gas Conservation (COGCC) Commission Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
24. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
25. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103.
26. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
27. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
28. 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, as applicable.
29. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
30. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. 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.
33. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Conservation Code, and 2020 National Electrical Code.
A Building Permit application must be completed and two (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.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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35. 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.
36. 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.
37. The property owner or operator shall be responsible for complying with all 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.
38. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
39. A 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 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.
40. 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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
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41. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT, 2MJUSR21-14-0013, FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE
(COMPRESSOR STATION FOR NATURAL GAS AND ALL RELATED EQUIPMENT,
INCLUDING, BUT NOT LIMITED TO, EIGHT (8) COMPRESSORS, VAPOR RECOVERY
UNITS, SEPARATORS, DEHYDRATORS, STORAGE TANKS, AND ONE (1) 70 -FOOT
IN HEIGHT COMMUNICATION TOWER, A GLYCOL REGEN SKID, A BTEX SKID, A
VAPOR RECOVER UNIT, A COALESCING FILTER SKID, PIPE RACKS, AND TWO (2)
80 -FOOT TALL LIGHTNING PROTECTION MASTS) TO ADD STOCKPILING OF
TOPSOIL, RECLAIMED GRAVEL, RECLAIMED CONCRETE, ET CETERA, A
LAYDOWN YARD AND MORE THAN THE NUMBER OF CARGO CONTAINERS
ALLOWED BY SECTION 23-3-30 OF THE WELD COUNTY CODE (UP TO 30 CARGO
CONTAINERS PROPOSED) OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - ANADARKO E & P
ONSHORE, LLC
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 11th day of
August, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Anadarko E & P Onshore, LLC, 1099 18th Street, Denver, Colorado 80202, for
a Site Specific Development Plan and Second Amended Use by Special Review Permit,
2MJUSR21-14-0013, for Mineral Resource Development Facilities including Oil and Gas Support
and Service (compressor station for natural gas and all related equipment, including, but not
limited to, eight (8) compressors, vapor recovery units, separators, dehydrators, storage tanks,
and one (1) 70 -foot in height communication tower, a glycol regen skid, a BTEX skid, a vapor
recover unit, a coalescing filter skid, pipe racks, and two (2) 80 -foot tall lightning protection masts)
to add stockpiling of topsoil, reclaimed gravel, reclaimed concrete, et cetera, a laydown yard and
more than the number of cargo containers allowed by Section 23-3-30 of the Weld County Code
(up to 30 cargo containers proposed) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot C of Recorded Exemption, RE -3621; being part
of the NW 1/4 of Section 15, Township 3 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by David Van der Vieren,
Western Midstream, 1099 18th Street, Denver, Colorado 80202, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
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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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-60.B states: "Support responsible energy and mineral
development."
2) Section 22-2-60.6.1 states: "Ensure that surface development
reasonably accommodates mineral extraction." The site has been
used as a compressor station consistently since USR14-0013 was
approved in 2014. The proposed major amendment for the
stockpiling of topsoil, reclaimed gravel, reclaimed concrete et
cetera and a laydown yard (storage area) will add more traffic and
occasional employees to the site. The intent of the stockpiling is to
centralize materials near planned operations in order to reduce
traffic impacts to neighboring municipalities and road infrastructure.
The laydown yard (storage area) will have about 30 cargo
containers and be used to store equipment used to support water
needs associated with exploration and production activities in the
DJ Basin. The equipment is used to support water delivery
infrastructure that allows water to be piped, as opposed to trucked,
to drilling and completion locations.
3) Section 22-2-60.6.2 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." Storing materials near planned operations will help
reduce traffic impacts to neighboring municipalities and road
infrastructure. A soil stockpile provides temporary storage for
building materials used in the oil and gas development process that
can be reused and recycled.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
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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." The
intent of the A (Agricultural) Zone District is to allow areas for natural
resource extraction and energy development such as the proposed
oil and gas support and service use.
2) Section 23-3-40.W — Uses by special review, of the Weld County
Code include, "Oil and Gas Support and Service."
3) Section 23-3-40.C — Uses by special review, of the Weld County
Code include, "More than the number of Cargo Containers allowed
by Section 23-3-30." These code sections allow the applicant to
apply for the amendment to the compressor site for stockpiling,
laydown yard, and additional cargo containers.
4) Section 23-1-90 — "Oil and Gas Support and Service" allows for:
"Location and operation bases for businesses whose primary
activity includes the following kinds of USES:
b. Equipment and storage yards for street/road and pipeline
construction contractors, and production unit set-up and
maintenance contractors.
d. Storage and rental yards for pipe and production equipment.
g.
Oil and gas processing facilities and related equipment,
including, but not limited to, compressors associated with
gas processing or which compress gas to enter a pipeline
for transport to market."
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent properties are mainly
utilized for pastures, crops, and rural residences. County Road 34 borders
the site on the north and County Road 19 borders the site on the west. The
properties to the south and east are cropland. There are four (4) residences
within 400 feet of the property boundary, the closest residence is
approximately 50 feet north of the northern property line. The laydown yard
will be placed near to the center of the 153 -acre property. There are 15
USRs located within one (1) mile of this parcel. Amended AmUSR-127, for
8,000 head of cattle, USR-1040, for an Ag service establishment, and
USR-338 and USR13-0069, for gravel mining are located south of the site.
USR-43, for a wastewater treatment plant, USR-1063 and USR-1647, for
Fort Saint Vrain generating facility and photovoltaic demonstration project
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are located to the north of the site. Also surrounding the site are eight (8)
USRs for either gas lines or power lines. The Weld County Department of
Planning Services sent notice to eight (8) surrounding property owners.
The Weld County Department of Planning Services has not received any
correspondence from the surrounding property owners. Based on referral
agency responses, the proposed use is in an area that can support this
development. The Conditions of Approval for the original USR14-0013,
required that the applicant submit a Lighting Plan and a
Landscape/Screening Plan. These two (2) plans have been approved and
installed. A Road Maintenance Agreement is required for this major
amendment. The Conditions of Approval and Development Standards 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 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the Coordinated Planning
Agreement (CPA) boundary for the Towns of Firestone, Mead, Milliken, and
Platteville. As part of the pre -application process, the Towns were notified
of the proposal by Planning staff and were provided Notice of Inquiry forms
by the applicant. The Town of Firestone returned the Notice of Inquiry form
dated September 21, 2020, the Town of Mead returned the Notice of
Inquiry form dated September 25, 2020. The Town of Milliken returned the
Notice of Inquiry form dated March 24, 2021, and the Town of Platteville
returned the Notice of Inquiry form dated September 22, 2020, all stating
that they do not wish to annex the subject property. The site is located
within the three (3) mile referral area of the Towns of Firestone, Mead,
Milliken, and Platteville. The Town of Firestone submitted referral agency
comments dated May 14, 2021, the Town of Mead submitted referral
agency comments dated June 8, 2021, and the Town of Platteville
submitted referral agency comments dated May 18, 2021, all with no
concerns. The Town of Milliken did not respond with referral agency
comments. The Comprehensive Plan Maps for the Towns of Firestone,
Mead, and Milliken do not include the subject property. The
Comprehensive Plan Map for the Town of Platteville includes this property
and depicts it as Agricultural/Holding (A -H). According to the
Comprehensive Plan for the Town of Platteville, adopted in 2017, the
Agricultural/Holding land use classification is intended to encourage the
sustainability of the regional agricultural and energy economy, discourage
leapfrog development and ensure that land develops in a systematic and
cost-conscious manner. Non-agricultural or non -energy uses and densities
for this land will be re-examined if and when urban levels of service can
serve the land designated as Agricultural/Holding. Prior to annexation, the
concept is to allow one (1) dwelling unit per existing parcel. The property
has been used for a compressor station since about 2015, prior to the
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current Comprehensive Plan adoption date and is being used for energy
development. The Town of Platteville submitted referral agency comments
date May 18, 2021, with no concerns.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located within
any overlay district officially adopted by the County, including A -P (Airport)
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, or
Historic Townsite 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. Building Permits issued on the proposed lot will be required
to adhere to the fee structure of the County Facility Fee and Drainage
Impact Fee Programs.
F. Section 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on soils designated "Other," "Prime if
they become Irrigated", and "Farmland of local importance," per the Natural
Resources Conservation Service' (NRCS) Web Soil Survey Farmland
Classification Map. The soils are designated as approximately 33 acres of
Altvan loam with zero (0) to one (1) percent slopes, approximately
86.5 acres of Nunn clay loam zero (0) to one (1) percent slopes,
approximately 2.9 acres of Olney fine sandy loam with zero (0) to one (1)
percent slopes, and approximately 31.5 acres of Valent sand with zero (0)
to three (3) percent slopes, per the NRCS. The existing ground surface is
disturbed native grasses/dirt. The proposed USR will not take any Prime
(Irrigated) Farmland out of production. The Platte Valley Conservation
District did not return a referral agency response.
G. Section 23-2-230.B.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 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 Anadarko E & P Onshore, LLC, for a Site Specific
Development Plan and Second Amended Use by Special Review Permit, 2MJUSR21-14-0013,
for Mineral Resource Development Facilities including Oil and Gas Support and Service
(compressor station for natural gas and all related equipment, including, but not limited to,
eight (8) compressors, vapor recovery units, separators, dehydrators, storage tanks, and
one (1) 70 -foot in height communication tower, a glycol regen skid, a BTEX skid, a vapor recover
unit, a coalescing filter skid, pipe racks, and two (2) 80 -foot tall lightning protection masts) to add
stockpiling of topsoil, reclaimed gravel, reclaimed concrete, et cetera, a laydown yard and more
than the number of cargo containers allowed by Section 23-3-30 of the Weld County Code
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30 cargo containers proposed) outside of subdivisions and historic townsites 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 map:
A. The applicant shall address the requirements of the Weld County Office of
Emergency Management, as stated in the referral response dated May 17,
2021. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The applicant shall replace all dead and diseased landscaping on the site.
C. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 2MJUSR21-14-0013.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The map shall delineate the landscaping and screening in
accordance with the accepted Landscape and Screening Plan.
5) The accepted lighting, as shown on the USR14-0013 map.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
7) County Road 34 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
8) County Road 19 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
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the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
9) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii on the site
plan.
10) The applicant shall show and label the approved tracking control on
the site plan.
11) The applicant shall 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.
12) The applicant shall 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.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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 120 days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the map not be recorded within the required 120
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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4. Prior to Construction:
A. The approved tracking control shall be constructed prior to on -site
construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
5. The Second Amended 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 Second Amended 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of August, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dime& w Jdo;v ,
Weld County Clerk to the Board
Deputy Clerk
ounty Attorney
Date of signature: 08127/2
Steve oreno, Chair
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SITE SPECIFIC DEVELOPMENT PLAN
SECOND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANADARKO E & P ONSHORE, LLC
2MJUSR21-14-0013
1. The Site Specific Development Plan and Second Amended Use By Special Review
Permit, 2MJUSR14-0013, is for Mineral Resource Development Facilities including Oil
and Gas Support and Service (compressor station for natural gas and all related
equipment, including, but not limited to, eight (8) compressors, vapor recovery units,
separators, dehydrators, storage tanks, and one (1) 70 -foot in height communication
tower, a glycol regen skid, a BTEX skid, a vapor recover unit, a coalescing filter skid, pipe
racks, and two (2) 80 -foot tall lightning protection masts) to add stockpiling of topsoil,
reclaimed gravel, reclaimed concrete, et cetera, a laydown yard and more than the number
of cargo containers allowed by Section 23-3-30 of the Weld County Code (up to 30 cargo
containers proposed) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District, 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. The unmanned compressor station will operate 24 hours per day, 365 days per year.
4. The hours of operation for the stockpiling area and the laydown yard are
6:00 a.m. - 6:00 p.m., Monday — Sunday, with operations later than 6:00 p.m. if there is
an emergency.
5. The number of on -site employees shall be up to 26, as stated in the application materials.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the accepted Landscape and Screening Plan. Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a Building Permit
or commencement of use, whichever occurs sooner. Dead or diseased plant materials
shall be replaced with materials of similar quantity and quality at the earliest possible time.
8. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
9. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
11. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
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12. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
13. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
14. The historical flow patterns and runoff amounts on the site will be maintained.
15. Weld County is not responsible for the maintenance of on -site drainage related features.
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5,) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
17. 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, C.R.S. §30-20-100.5.
18. 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. The applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
19. 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.
20. 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 of the
Colorado Department of Public Health and Environment, as applicable.
21. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are onsite for less than
two (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, shall
contain hand sanitizers and be screened from the public right-of-way and neighboring
properties.
22. All potentially hazardous chemicals onsite 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.
23. As applicable, 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
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and Gas Conservation (COGCC) Commission Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
24. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
25. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103.
26. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
27. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
28. 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, as applicable.
29. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
30. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. 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.
33. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Conservation Code, and 2020 National Electrical Code.
A Building Permit application must be completed and two (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.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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35. 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.
36. 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.
37. The property owner or operator shall be responsible for complying with all 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.
38. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
39. A 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 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.
40. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
2021-2334
PL2277
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