HomeMy WebLinkAbout20210350.tiffPlanner:
Michael Hall
Case Number: USR20-0031
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: January 19, 2021
Owner: ONEOK Elk Creek Pipeline, LLC c/o Todd McKimmey
100 West Fifth Street, Tulsa, Oklahoma 74103
Representative: ERM, LLC c/o Jacob Rosenberg
5720 20'" Avenue S., Minneapolis, Minnesota 55417
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) in the A (Agricultural) Zone District outside of subdivisions and historic
townsites.
Legal Lot A of Recorded Exemption RECX20-0068; being a part of the Northeast Quarter of
Description: Section 13, T7N, R56W, of the 6th P.M., Weld County, Colorado
Location:
Acreage:
South of and adjacent to County Road 82; approximately 0.41 miles west of County
Road 157
+/- 7 acres Parcel No. 0727-13-1-00-017
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
v Colorado Division of Water Resources, referral dated October 14, 2020
Y Weld County Department of Public Works, referral dated October 15, 2020
Y Weld County Department of Public Health and Environment, referral dated November 3, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Sheriff's Office, referral dated October 12, 2020
▪ Weld County Zoning Compliance, referral dated October 9, 2020
▪ Weld County Oil and Gas Energy Department, referral dated October 9, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V
Logan County
Colorado Parks and Wildlife
Weld County Assessor's Office
Centennial Conservation District
Weld County School District RE -11J
New Raymer - Stoneham Fire Protection District
USR20-0031 - ONEOK Elk Creek Pipeline, LLC
Page 1 of 13
Planner:
Michael Hall
Case Number: USR20-0031
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: January 19, 2021
Owner: ONEOK Elk Creek Pipeline, LLC c/o Todd McKimmey
100 West Fifth Street, Tulsa, Oklahoma 74103
Representative: ERM, LLC c/o Jacob Rosenberg
5720 20'h Avenue S., Minneapolis, Minnesota 55417
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) in the A (Agricultural) Zone District outside of subdivisions and historic
townsites.
Legal Lot A of Recorded Exemption RECX20-0068; being a part of the Northeast Quarter of
Description: Section 13, T7N, R56W, of the 6th P.M., Weld County, Colorado
Location:
Acreage:
Case Summary:
South of and adjacent to County Road 82; approximately 0.41 miles west of County
Road 157
+/- 7 acres Parcel No. 0727-13-1-00-017
The property owner and applicant, ONEOK Elk Creek Pipeline, LLC (ONEOK) is requesting a Site Specific
Development Plan and Use by Special Review (USR) Permit for Oil and Gas Support and Service,
specifically oil and gas processing facilities and related equipment being the Stoneham Pump Station
facility. The Pump Station will support the transportation of natural gas liquids (NGL) in the Elk Creek
Pipeline (ECP), which traverses under the subject property, permitted by USR18-0043, recorded April 17,
2019, reception #4481991. The ECP is a 900 -mile, twenty -inch (20") diameter NGL transportation pipeline,
completed in December of 2019 that originates at the ONEOK Riverview terminal in Richland County,
Montana, travels through Wyoming and Colorado and terminates at the ONEOK Mid -Continent NGL
facilities near Bushton, Kansas. The ECP enters Weld County from Laramie County, Wyoming, runs
approximately 43.3 miles through Weld County and exits into Logan County, Colorado.
The Elk Creek Pipeline began operating with an initial capacity of 240,000 barrels per day (bpd) with a
proposed expansion to 400,000 bpd. The proposed Stoneham Pump Station is one (1) of ten (10)
proposed similar facilities located along the pipeline in order to increase the capacity by 160,000 bpd. The
expansion project is expected to be complete by the third quarter of 2021. The addition of pump stations
will increase the capacity of the pipeline instead of having to construct additional pipelines or trucking the
commodity. The facility will conform to standards and procedures outlined by the Department of
Transportation Pipeline, Hazardous Materials Safety Administration. The Stoneham Pump Station will be
located on a seven (7) acre parcel of land owned by ONEOK. The Pump Station is unmanned and will be
visited at monthly intervals by employees for regular operation, maintenance, inspection and repair
activities with an anticipated ten (10) roundtrip passenger vehicles and four (4) roundtrip truck -trailers per
month. The facility is closed to the public and will only be accessed by authorized employees and deliveries.
USR20-0031 - ONEOK Elk Creek Pipeline, LLC
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The construction of the facility is expected to take nine (9) months, including one (1) month of site
preparation, seven (7) months of facility construction and one (1) month of commissioning. During this
time, construction may occur every day of the week with an average workforce of twenty (20) and a peak
workforce of fifty (50) workers. Adequately contained aboveground fuel storage will be present during
construction. Bottled water and portable toilets are proposed during construction. Once operational, the
portable toilets will be removed. No permanent water source or sewage disposal method is proposed.
The Pump Station will consist of three (3) 5,000 horsepower NGL pumps with a pump header, one (1)
power distribution center, two (2) strainers, one (1) control valve, cable tray, and thirty-foot tall flare that
will be used approximately ten (10) times per year for routine maintenance activities. Two (2) of the
pumps will be running at any given time with one (1) installed pump as a backup. The pumps will be
located inside a 7,000 square feet pre-engineered pump enclosure structure and the power distribution
center will be within a 6,000 square feet enclosed structure. A twenty -inch (20") pipeline loop system is
proposed off of the existing aboveground Elk Creek Pipeline valve site to run through the Pump Station
control valve, pumps and strainers and back into the existing ECP. No additional spur or bypass pipeline
is needed. Any proposed pipeline upgrades are integral to the Pump Station facility and no separate LAP
is required. In partnership with Morgan County Rural Electric Association, an on -site substation will be
constructed to support the power demand of the facility and is designed to receive a proposed 69kV
transmission line, which will be stepped down to 24.9kV at the substation transformer with a buried feeder
going to the pumping station. Because the substation has an incoming power of 69kV or less, the
substation is deemed an Accessory Use to the Pump Station USR.
The site will be secured by a chain -link fence and controlled access gate. A dumpster will be located on
site for general refuse. A three foot by four foot (3'x4') fence -mounted site identification and emergency
sign is proposed. Two (2) access points onto County Road 82 are proposed. No permanent fuel storage
is proposed. No washing of vehicles or equipment is proposed. No warehousing is proposed. No
permanent or defined parking spaces are proposed. No landscaping or screening is proposed; however,
approximately 52,000 square feet of the site will remain in native vegetation.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff 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
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(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 compress gas to enter a pipeline
for transport to market" and "Midstream activities including the processing, storing,
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 (Agricultural) Zone District per Section 23-3-30 of the
Weld County Code, specifically, structures, signage and the proposed on -site Morgan
County Rural Electric 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 electrical 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 buried 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 written 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, comprised primarily 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 written
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.
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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 District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime 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 Prime 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 soils are predominately "Blakeland loamy sand" which is classified as
"Not prime farmland" per the NRCS Custom Soil Report prepared March 31, 2020 and
submitted in the application materials. This soil is principally associated with native
rangeland and is found throughout Eastern Colorado. The proposed USR will not remove
any irrigated agricultural land from production. The Centennial Conservation District 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 materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the requirements of Colorado Division of Water Resources, as
stated in the referral response dated October 14, 2020 regarding water detention and runoff.
USR20-0031 - ONEOK Elk Creek Pipeline, LLC
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Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Colorado Division of Water Resources)
B. The applicant shall submit a copy of the ONEOK and MCREA lease agreement for the on -
site substation. (Department of Planning Services)
C. The applicant shall submit a revised Lighting Plan to the Department of Planning Services for
review and acceptance. The Lighting Plan shall detail how the proposed lighting will be
downcast and shielded in accordance with the Weld County lighting standards. (Department
of Planning Services)
D. 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)
E. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of Public
Works)
F. 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)
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 criteria. (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 criteria. (Department of Planning Services)
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12) Show and label the setback radiuses for existing oil and gas tank batteries 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 rights -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 right-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
right-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 right-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 prior 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)
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)
3. 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)
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4. 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)
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)
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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 District 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 right 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
materials. (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 materials.
(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 private 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
District 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)
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)
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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 drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. As employees or contractors are on site for less than 2 consecutive
hours a day portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for 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)
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)
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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 rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior 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 historical 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. Building 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 Building Inspection)
36. A complete code analysis prepared by a registered design professional is required and shall be
submitted with all Commercial Building 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 District Approval is also
required prior 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.
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.
USR20-0031 - ONEOK Elk Creek Pipeline, LLC
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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 various impacts associated with this development. Often times, 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.
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.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
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 agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102,
C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural 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 right 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 priorities 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.
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People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, 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.
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December 4, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
ROSENBERG JACOB
5720 20TH AVENUE SOUTH
MINNEAPOLIS, MN 55417
Subject: USR20-0031 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
FOR AN OIL AND GAS SUPPORT AND SERVICES FACILITY [ONEOK STONEHAM PUMP STATION] IN
THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
LOT A RECX20-0068, BEING PART OF SECTION 13, T7N, R56W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 19, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 10,
2021 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respftfully, 1
_ /,/
,/li(hael Hall
Planner
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