HomeMy WebLinkAbout20210348.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0031, FOR OIL AND GAS SUPPORT AND SERVICES,
SPECIFICALLY OIL AND GAS PROCESSING FACILITIES AND RELATED
EQUIPMENT (PUMP STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT —
ONEOK ELK CREEK PIPELINE, 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 10th day of
February, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of ONEOK Elk Creek Pipeline, LLC, 100 West 5th Street, Tulsa, Oklahoma
74103, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0031,
for Oil and Gas Support and Services, specifically Oil and Gas Processing Facilities and related
equipment (pump station) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX20-0068; being
part of the NE1/4 of Section 13, Township 7 North,
Range 56 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Cam Morse, ERM
Consulting, 555 17th 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
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.B 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.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 is an essential component of the
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SPECIAL REVIEW PERMIT (USR20-0031) — ONEOK ELK CREEK PIPELINE, LLC
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economy. 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.
Additionally, the Pump Station area occupies a small footprint,
thereby diminishing unnecessary encumbrance of land and
conserving the surrounding land as much as is practicable.
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
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. the A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." This
Code section supports the purpose of the proposed Pump Station,
which is directly related to energy development.
2) Section 23-3-40.W — Uses by Special Review, 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 the Pump Station. It will exclusively serve the facility and
no other consumers.
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C. Section 23-2-230.B.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
Kilmers 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 Recorded Exemption, RECX20-0068, to ONEOK
upon recordation of the plat on September 23, 2020, via Warranty Deed
recorded October 27, 2020. The Kilmers 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
Kilmers. 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 23-2-230.B.4 — That the uses which would be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of this Code or master plans of affected municipalities. The
property is located approximately 0.41 miles west of County Road 157,
being the joint Logan County and Weld County line. Logan County did not
return a referral response. This site is not located within a Coordinated
Planning Agreement boundary or three (3) mile referral radius of a
municipality. The site is located approximately four(4) miles and 12.5 miles
to the east-southeast of the unincorporated Stoneham Townsite and the
Town of New Raymer, respectively.
E. Section 23-2-230.B.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, County
Facility Fee, and Drainage Impact Fee Programs.
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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 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 23-2-230.B.7 — 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. The
Colorado Division of Water Resources, Weld County Public Health and
Environment, and Weld County Department of 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of ONEOK Elk Creek Pipeline, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0031, for Oil and Gas Support and
Services, specifically Oil and Gas Processing Facilities and related equipment (pump station) 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 submit a copy of the ONEOK and MCREA lease
agreement for the on-site substation.
B. A Road Maintenance Agreement is required at this location during
construction. Road maintenance includes, but is not limited to, dust control
and damage repair to specified construction haul routes.
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C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0031.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label any proposed structures and
equipment.
5) The applicant shall show and label any on-site oil and gas pipeline
infrastructure and appurtenances.
6) The applicant shall show and label the MCREA substation,
overhead lines, and electrical interconnects on the site.
7) The applicant shall show and label the general location of the
construction storage and parking areas, in reference to
Section 23-2-240.A.6 and Chapter 23, Article IV, Division 1 of the
Weld County Code.
8) The applicant shall show and label the location of any buffering,
screening, fencing and gates. The applicant shall include
specification details on the USR map, in reference to
Section 23-2-240.A.10 of the Weld County Code.
9) The applicant shall show and label the location of the emergency
and site identification signage. The applicant shall include sign
specification details on the USR map, in reference 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.
10) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
11) The applicant shall 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, in reference to Section 23-2-250.D of the
Weld County Code for design criteria.
12) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries and wellheads, if applicable. Setback
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requirements are located in Section 23-3-70.E of the Weld County
Code.
13) The applicant shall 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.
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 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 the right-of-way. This road is maintained by Weld County.
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. The applicant shall 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.
16) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii. The
applicant must obtain an Access Permit in the approved location
prior to construction.
17) 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.
18) 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.
19) The applicant shall show and label the drainage flow arrows.
20) 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
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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 added for each additional three (3) month period.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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.
C. The approved access shall be permitted prior to on-site construction.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of February, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
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2021-0348
• PL2781
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ONEOK ELK CREEK PIPELINE, LLC
USR20-0031
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0031, is
for Oil and Gas Support and Services, specifically Oil and Gas Processing Facilities and
related equipment (pump station) 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 facility will operate 24 hours per day, 365 days per year, according to the application
materials.
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.
5. The on-site circulation shall be maintained.
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.
7. The operator shall maintain compliance with the accepted Decommissioning Plan.
8. The operator shall maintain compliance with the accepted Lighting Plan.
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.
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.
11. 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.
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, C.R.S. §30-20-100.5.
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13. 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 facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
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.
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 of the
Colorado Department of Public Health and Environment, as applicable.
16. During the construction phase, 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 and shall contain hand sanitizers. Portable toilets shall
be screened from existing adjacent residential properties.
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.
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 Commission (COGCC) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
19. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
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.
21. The applicant shall obtain a Colorado Discharge Permit System permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division, if
applicable.
22. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available onsite or as applicable.
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23. The facility shall notify the County of any revocation and/or suspension of any state-issued
permit.
24. 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.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. 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.
27. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
28. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
29. 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.
30. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
31. The historical flow patterns and runoff amounts on the site will be maintained.
32. Weld County is not responsible for the maintenance of on-site drainage related features.
33. Building Permits may be required, for any new construction or set up manufactured
structure, 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 the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
34. 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.
35. 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.
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36. 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.
37. 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.
38. 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
Corn m issioners.
39. 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. 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.
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.
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