The URL can be used to link to this page

Browse Search

Home My WebLink About20190075BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR18-0099 APPLICANT: BONANZA CREEK ENERGY OPERATING COMPANY, LLC, C/O DCP OPERATING COMPANY. LP PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE, NATURAL GAS COMPRESSOR FACILITY, AND ONE (1) UP TO ONE HUNDRED (100) FEET IN HEIGHT SECURE COMMUNICATIONS TOWER: A TEMPORARY LAYDOWN AND STORAGE YARD, AND UP TO EIGHT (8) CONSTRUCTION OFFICE TRAILERS AND SIXTEEN (16) CONEX CONTAINERS FOR USE DURING THE CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B AMRE-2711, PART W2SW4 AND LOT A REC EXEMPT RE -238 PART S2NW4: ALL IN SECTION 1, T4N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: EAST OF AND ADJACENT TO CR 59; 0.25 MILES NORTH OF CR 48. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2- 220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100.A. (OG.Goal 1.) states " Promote the reasonable and orderly exploration and development of oil and gas mineral resources." DCP is a business that is in the midstream segment of the natural gas industry. As part of its business, DCP gathers natural gas via pipelines for processing and transmits final products to customers via pipelines. In Weld County, DCP operates an extensive network of gathering pipelines as well as seven, with one pending approval, gas processing plants. The DJ Basin area has seen rapid expansion as new drilling technologies are allowing more oil and gas to be produced. As a result, gas gathering and processing capacity needs to be expanded in order to meet the growing production. To meets these needs, DCP is proposing, the Prairie compressor station necessitated by the need to move larger volumes of gas due to the increases in drilling activity and projected additional production increases anticipated by producers. The proposed compressor will be sited on private property owned by DCP Operating, LP. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and County and will address and mitigate impacts on the surrounding area due to the construction of this facility. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development, Oil and Gas Support and Service and Section 23-3-40.K allows one (1) or more microwave, radio, television or other communication transmission or relay tower over seventy (70) feet in height per Lot as a Use by Special Review in the A (Agricultural) Zone District. 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. RESOLUTION USR18-0099 BONANZA CREEK ENERGY OPERATING COMPANY. LLC. C/O DCP OPERATING COMPANY. LLC PAGE 2 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 without the interference of other, incompatible land uses. The A (Agricultural) Zone District is also intended to provide areas for the conduct of uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right. The A (Agricultural) Zone District regulations are established to promote the health, safety and general welfare of the present and future residents of the County. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed Prairie Compressor Station is located in an area of the County used primarily as agricultural and pasture land and already contains various oil and gas operations and facilities. The existing site is surrounded by irrigated crop land, agricultural fields and a few residents. By keeping the proposed compressor footprint small (approximately 10 -acres out of the 144.1 -acre property), DCP intends that surrounding agricultural areas will not be affected by the compressor station's presence. Once the construction is completed, the approximately 2.5 -acre contractor laydown yard/parking area that was disturbed will be reseeded with a native seed mix. There are ten (10) property owners on ten (10) parcels within five hundred feet of this facility, Planning staff has not received any telephone calls or correspondence concerning this land use application. DCP proposes to construct a radio communications tower "up to 100 feet" in height at the proposed Prairie Compressor Station site. DCP designs and constructs such towers at each of its facilities to allow for remote monitoring and control of the facilities. It is imperative that the communications tower be located in the immediate vicinity of the site to allow for the transmission of a reliable signal. A secure location within the site is critical because of the life -safety functions associated with the station's control and emergency shut -down notification features. Due to safety concerns, DCP does not co -locate its transmitters on third -party towers. Because the transmitters are utilized to remotely control the compression and processing of natural gas and other hazardous materials, DCP requires that only DCP personnel be permitted access to its towers and transmitters to prevent intentional or accidental disruption of communication services. If a third -party user requested to collocate on this proposed tower, they would have to comply with DCP's safety, security and structural installation requirements. To mitigate the perceived visual impacts on the surrounding properties, DCP intends to install a 16 - foot tall pre -cast concrete wall around the entire Prairie Compressor Station with some additional berms located on the west side of the wall to provide some additional screening. Any areas disturbed during construction will be revegetated with a seed mix compliant with the Weld County Public Works seed mix specifications. In the unlikely event operations cease at the Prairie Compressor Station, DCP will remove the equipment, communications tower and all of its components in accordance with COGCC regulations. Where possible, materials will be reused or recycled. Where required, materials for disposal will be removed by a licensed contractor and transported to a disposal site. DCP will comply with all COGCC regulations concerning site restoration. Per the application materials, it is stated that DCP is working with the neighbors regarding their concerns. As part of the community outreach plan to facilitate effective communication and public information dispersal, DCP identified a list of key stakeholder contacts to ensure inclusion and proactive outreach, and to provide a pathway for questions and concerns. An introductory letter was mailed to 34 households/residents within a A -mile radius on July 18, 2018 in an effort to solicit comment and input from our neighbors regarding the proposed Prairie Compressor Station. On Tuesday July 31, 2018 DCP held a neighborhood meeting to discuss the proposed installation of the proposed Prairie Compressor Station and discuss the concerns of stakeholders. Sixteen (16) neighbors attended. Topics of discussion included- project overview, RESOLUTION USR18-0099 BONANZA CREEK ENERGY OPERATING COMPANY LLC C/O DCP OPERATING COMPANY LLC PAGE 3 growth of natural gas within Weld County, safety. environmental stewardship, reliable operations, proposed construction timeline, emergency preparedness. responding to questions and concerns about proposed compressor operations. sound and light mitigation measures being implemented. and social opportunities to build and maintain relationships. Two neighbors provided letters in opposition to the proposed facility (Pankow) citing concerns with proximity to current residences. the loss in property value, and close proximity to the Box Elder Floodplain. A second letter, (Tekler) identified noise and loss of peace and tranquility as an escape from their stressful jobs. lighting that would further destroy their joy of life. emissions and possible respiratory pollutants and a sharp decrease in property values DCP is currently identifying a schedule of town hall meetings. extending through the construction period throughout 2019. D. Section 23-2-220 A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect. or the adopted Master Plans of affected municipalities. The site is within a three-mile referral area of the Town of Kersey who did not return a referral response. The 144 -acre property is encroached by the defined Kersey IGA Boundary in the northwest quadrant The 2016 Comprehensive Plan Future Land Use Map for the Town of Kersey delineates this entire site as outside of the Kersey Influence Area. E. Section 23-2-220.A 5 -- The application complies with Section 23-5 of the Weld County Code The property is not within a recognized overlay district for the Geologic Hazard or Airport Overlay Districts. The site is located within the Flood Hazard Development area for the Box Elder Creek Floodplain The site is also within the County -wide Road Impact Fee Area Building Permits issued on the lots will be required to adhere to the fee structure of the County -wide Road Impact Fee. 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 G. This proposed facility is located on two parcels totaling 144 acres with the south parcel utilized for construction of the Prairie Compressor Station The approximate 130 -acre area not impacted by the compressor site will continue in agriculture production with on -going oil and gas production activities The proposed facility is sited on lands that are designated as "Prime- on the Important Farmlands of Weld County map dated 1979. G. Section 23-2-220.A 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 ensure that there are adequate provisions for the protection of health. safety. and welfare of the inhabitants of the neighborhood and County. This recommendation is based. in part. upon a review of the application materials submitted by the applicant. other relevant information regarding the request. and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following 1. Prior to recording the USR map A. The Division of Water Resources in their referral dated September 26. 2018 identified a well operating under permit no 6838 -RR located on the property Well permit no 6838 -RR was issued on June 2. 1977, for the replacement of an existing well with permit no. 6838-R, and is operating pursuant to the decree in Division 1 Water Court Case No W-265 and the Lower Latham Reservoir RESOLUTION USR18-0099 BONANZA CREEK ENERGY OPERATING COMPANY LLC C/O DCP OPERATING COMPANY LLC PAGE 4 Company augmentation plan in approved in Case No. 2003CW047. The well is producing water from the alluvium of the South Platte River and its tributaries and may withdraw up to 200 acre-feet per year for the irrigation of 80 acres in the S1/2 of the NW1/4 of Section 1, Township 4 North. Range 64 West, of the 6' P M As permitted the well cannot be used to serve the oil and gas facility or the natural gas compressor facility on the property. Prior to using a well for such purposes a well permit allowing such uses must be obtained The applicant shall provide a letter on DCP Letterhead stating the intended use of the well will not be for the proposed Prairie natural gas compressor facility on the property or alternately provide a letter from the State of Colorado Division of Water Resources stating the permitted well is being re - permitted for an industrial use shall be submitted to the Department of Planning Services (Department of Planning Services) B. 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) 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 (Department of Public Works) D. The applicant shall provide evidence of an Access Easement Agreement to cross property. if crossing property other than their own. (Department of Public Works) E The USR map shall be amended to delineate the following: 1 All sheets of the USR map shall be labeled USR18-0099 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The USR map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) 4 County Road 59 isa paved road and is designated on the Weld County Road Classification Plan as a collector road. which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site map the future and existing right-of-way All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County (Department of Public Works) 5. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 6 Show and label the approved tracking control on the site plan (Department of Public Works) 7 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) 8 The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area- and shall include the calculated volume. (Department of Public Works) 9 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Department of Public Works) 10 Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) RESOLUTION USR18-0099 BONANZA CREEK ENERGY OPERATING COMPANY, LLC. C/O DCP OPERATING COMPANY, LLC PAGE 5 2. Prior to Construction A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services -Engineer) B. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services — Floodplain) 3. Prior to Operation A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire 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 Department of Planning Services. (Department of Planning Services) 4. Upon completion of Conditions of Approval No.1. above the applicant shall submit a Mylar USR map along with all other documentation required as Conditions of Approval. The Mylar USR map shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The USR map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar USR 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) 5. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to mapsaco.weld.co.us. (Department of Planning Services) 6. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the USR 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 be added for each additional 3 - month period. (Department of Planning Services) 7. The Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property until the Special Review USR map is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Motion seconded by Richard Beck. VOTE: For Passage Bruce Johnson Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Against Passage Absent Skip Holland Bruce Sparrow Elijah Hatch The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. RESOLUTION USR18-0099 BONANZA CREEK ENERGY OPERATING COMPANY, LLC, C/O DCP OPERATING COMPANY, LLC PAGE 6 CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on December 4, 2018. Dated the 4th of December, 2018 Kristine Ranslem Secretary RESOLUTION USR18-0099 BONANZA CREEK ENERGY OPERATING COMPANY LLC 0/O DCP OPERATING COMPANY LLC PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DCP Operating. LP Prairie Compressor Station USR18-0099 A Site Specific Development Plan and Use by Special Review Permit. USR18-0099, for Mineral Resource Development Facilities. Oil and Gas Support and Service, Natural Gas Compressor facility. and one (1) up to one hundred (100) feet in height secure communications tower; a temporary laydown and storage yard. and up to eight (8) construction office trailers and sixteen (16) conex for use during the construction of the facility in the A (Agricultural) Zone District, and 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. This is an unmanned facility (Department of Planning Services) 4. The facility will operate 24 hours per day 365 days per year (Department of Planning Services) 5. 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. (Department of Planning Services) 6 The landscaping/screening, and maintenance of the pre -cast concrete wall on the site shall be maintained. (Department of Planning Services) 7 Co -Location of communication devices on the 100 -foot in height communications tower is permitted and encouraged if applicants are able to comply with DCP's safety. security and structural installation requirements. (Department of Planning Services) 8. The applicant or operator shall comply with the approved Decommissioning Plan. 9. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15t of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 10. The property owner shall control noxious weeds on the site. (Department of Public Works) 11 The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) 12. There shall be no parking or staging of vehicles on public roads_ On -site parking shall be utilized. (Department of Public Works) 13. 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) 14. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 16. Weld County is not responsible for the maintenance of onsite drainage related features (Department of Public Works) RESOLUTION USR18-0099 BONANZA CREEK ENERGY OPERATING COMPANY LLC C/O DCP OPERATING COMPANY. LLC PAGE 8 17. 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) 18. 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) 19. Waste materials shall be handled. stored. and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14. Article 1 of the Weld County Code. (Department of Public Health and Environment) 20. Fugitive dust should attempt to be confined on the property Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 21. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division. Colorado Department of Public Health and Environmentas applicable (Department of Public Health and Environment) 22. 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. (Department of Public Health and Environment) 23. 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) 24 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) 25. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 26 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) 27. 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) 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, if applicable. (Department of Public Health and Environment) 29 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) 30 The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) RESOLUTION USR18-0099 BONANZA CREEK ENERGY OPERATING COMPANY. LLC 0/O DCP OPERATING COMPANY, LLC PAGE 9 31. 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) 32 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) 33. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1775E effective date January 20. 2016 (Box Elder Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado. and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate. including but not limited to buildings or other structures, mining, dredging. filling, grading. paving. excavation. drilling operations. or storage of equipment and materials (Department of Planning Services - Floodplain) 34 FEMA s floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities. the owner should contact Weld County to determine if the floodplain boundaries have been modified (Department of Planning Services - Floodplain) 35. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct. nor reflected. light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets No colored lights may be used which may be confused with. or construed as. traffic control devices (Department of Planning Services) 36. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County- wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs (Department of Planning) 37. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 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. 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 RESOLUTION USR18-0099 BONANZA CREEK ENERGY OPERATING COMPANY. LLC O/O DCP OPERATING COMPANY, LLC PAGE 10 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 person 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. 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, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. PC Mihu.e\es i4ulaAit SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, December 4, 2018 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Michael Wailes, at 12:30 pm. Roll Call. Present: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope. Absent/Excused: Bruce Sparrow, Skip Holland. Also Present: Kim Ogle, Chris Gathman, and Michael Hall, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Mike McRoberts and Hayley Balzano, Public Works; Frank Haug, County Attorney. and Kris Ranslem, Secretary. Skip Holland entered the meeting at 1:15 pm. CASE NUMBER: APPLICANT PLANNER: REQUEST: LEGAL DESCRIPTION LOCATION: USR18-0099 BONANZA CREEK ENERGY OPERATING COMPANY, LLC. C/O DCP OPERATING COMPANY, LP KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES. OIL AND GAS SUPPORT AND SERVICE, NATURAL GAS COMPRESSOR FACILITY, AND ONE (1) UP TO ONE HUNDRED (100) FEET IN HEIGHT SECURE COMMUNICATIONS TOWER; A TEMPORARY LAYDOWN AND STORAGE YARD. AND UP TO EIGHT (8) CONSTRUCTION OFFICE TRAILERS AND SIXTEEN (16) CONEX CONTAINERS FOR USE DURING THE CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B AMRE-2711. PART W2SW4 AND LOT A REC EXEMPT RE -238 PART S2NW4; ALL IN SECTION 1. T4N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. EAST OF AND ADJACENT TO CR 59; 0.25 MILES NORTH OF CR 48. Kim Ogle, Planning Services, presented Case USR18-0099, reading the recommendation and comments into the record. Staff received two (2) letters and one (1) email outlining concerns of noise. lighting, air quality, development within the floodplain, and compatibility. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Elijah Hatch wished to abstain from this case as he has interest in an adjacent property. The Planning Commission had no concern with excusing Commissioner Hatch. Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions for the site. A Road Maintenance Agreement will be required. Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Patrick Groom, 822 7'h Street, Greeley, stated that he represents the applicant. DCP Midstream, LP. He stated that the application is for a natural gas compressor station to be located in the southeastern corner of the northern 80 -acre parcel. With the 80 -acre parcel to the south, this will create a buffer from surrounding property owners. All of the noise generating equipment will be located within fully insulated buildings and that should allow DCP to reach a fairly low noise level. Mr. Groom stated that there is a private lateral owned by the Buderus Family and the Millage Brothers located in between these 80 -acre parcels. There would be a crossing of that lateral by a temporary access 1 road DCP is looking at eliminating that access and coming in from north of the lateral DCP recognizes that it would need to enter into a crossing agreement with that private lateral owner_ In order to mitigate impacts on surrounding property owners, DCP is proposing a 16 -foot decorative concrete wall. Additionally, there will be a 5 -foot berm on the west to provide some further visual mitigation. It is DCP's intent to return the remaining property into agricultural use Mr. Groom said that meeting a 50 dBA standard is going to be a challenge on this location DCP is proposing to comply with the 50 dBA noise standard on the southern and western boundaries of the property. however. DCP is requesting that the noise standard on the northern and eastern boundaries be 55 dBA He added that there is no residence to the east for approximately one-half mile and if they are meeting a 55 dBA at that property boundary the effective noise standard will be below the 50 dBA as the noise levels continue to dissipate as they head east and north. Commissioner Stille asked about how they will mitigate vibrations Mr Groom said that the two compressors will be enclosed in noise insulated buildings and will be located as far as away as possible from structures. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Eric Millage. 22744 CR 59. said he lives three-quarters of a mile south of this proposed site. He said no one from DCP has contacted him on this site. He said that this will be the second USR on this site as Bonanza Creek was approved for a mud farm. He said that he is tired of DCP stating that if these laterals are not recorded then they don't exist. Mr Millage stated that he is opposed to this case and urged denial of this case Commissioner Ford asked if he owns the lateral Mr Millage said that he owns half of the lateral. along with Ted and Dan Buderus. He added that he also owns the access road. Commissioner Stille asked if the lateral and road are recorded Mr Millage replied that that they are not recorded but added that it has been there for over 100 years Larry Tekler. 23530 CR 59. stated that he is opposed to this project and added that Bonanza Creek put a bad taste in his mouth and doesn't want this facility here He expressed concern regarding noise. vibration and the possibility of the plant expanding or having something else come in He asked about the emissions from the plant as there is a temperature inversion there Ted Buderus. 3126 Ashton Avenue. Greeley. Colorado. referred to the ditch easement that they own with the Millage Brothers which runs through this site and they are concerned with protecting their ditch. He said that after discussions with DCP they acknowledge that they will need to cross their ditch and that DCP will need to obtain crossing agreements with them. Mr Buderus said that he noticed some cattle guard crossings on the plan and added that those are not compatible as they have a culvert to take their irrigation water across the driveway on County Road 59 He said that he would like to see the ditch easements be required on these plats Commissioner Cope asked how the easement can be shown when the ditch easements are not recorded. Mr. Buderus said he would just like to have it identified on the plat. Robert Frank, 1443 41" Avenue. Greeley. Colorado. stated that he owns land adjacent to the site. He asked what the size of the pipeline is serving this facility and where the production is going to. Curtis Pankow. 23026 CR 59, stated that he lives south of the project. He said that there is a waste ditch that runs along the road on the eastern side of this site and if they access this then a culvert needs to be installed He added that this site was where Bonanza Creek had the mud farm and it is very difficult to get grass or anything to grow on the southern portion. Mr. Groom said that the delivery pipeline is a 24 -inch pipeline that delivers gas in this vicinity He cannot say what size the discharge pipeline would be but expects it to be a 12 -inch pipeline that would discharge the compressed gas from this site and deliver it to the Bighorn Processing Plant. Commissioner Cope 2 asked how far away the Bighorn Processing Plant is Mr. Groom replied that it is approximately nine (8) miles from this site Mr. Groom referred to Mr Millage's comments and said that there is a significant buffer between the plant itself and where this lateral is He added that DCP hopes to avoid this lateral but that may or may not be possible. If it is not possible_ then DCP will have to communicate with the Buderus Family and the Millage Brothers to address their concerns about crossing the latera Mr. Groom said that when a ditch owner owns the prescriptive easement. they don't have a fee interest in that land and don't have a right to grant an easement or have a right to prevent someone from crossing underneath their easement. However. they do have a right to prevent interference with their easement and DCP or anyone else crossing underneath an irrigation lateral has to ensure that they do not interfere with the operation and safety of that ditch. He added that DCP respects those property rights and will indemnify the ditch owners any damages caused by DCP and will also address any concerns that they raise. It is DCP's intent to reclaim that land to the best extent possible. Mr. Groom said that DCP is not partners with Bonanza Creek and cannot vouch for what Bonanza Creek may or may not have done on this property. however. they can say that DCP will endeavor to be a good neighbor. The Chair referred to the comment regarding emissions with the temperature inversion and how it affects surrounding properties Mr. Groom said that there are some emissions associated with these turbines. but a compressor station generates less emissions than a processing plant and less than an oil and gas well itself He added that gas is not being emitted into the air through that compression process, but there are exhaust fumes discharged as a result of operating turbines There will be two (2) turbines located at this site and the emissions from those turbines are governed by the State Department of Public Health through the APEN notice and DCP will have to comply with the terms of that APEN notice He added that there are filters placed on the emissions from those stacks that exit the buildings housing the compressors and they are designed to mitigate those emissions and allow DCP to comply with the State's air permit regulations Commissioner Stille referred to the comment regarding the sludge/mud on the south 80 acres and asked for an explanation on how anything will be grown. Mr Groom said that he understands Bonanza Creek obtained a permit from the COGCC to spread drill cuttings on that property. He understands that operation was ceased three to five years ago and are in the process of closing that permit with COGCC. He added that the COGCC regulations limit the contamination of that soil to allow that soil to be reclaimed at some point in the future He said that he understands those regulations are designed to allow this land to come back into production and can't say if it is ready to go back into production tomorrow, but at some point in the future it would be. Commissioner Holland asked if the applicant has looked at other potential sites in this vicinity. Mr Groom said that this site was attractive to DCP because of its location to that delivery pipeline that he discussed earlier and although it impacts a number of property owners. it impacts a relatively small number of property owners compared to some other sites that DCP looked at. The Chair asked Staff if they had any modifications to the Resolution Mr Ogle said that since the access to the facility is not yet defined. Staff would like to have evidence of an access easement agreement to cross property. if they are going to cross property other than their own Mr Ogle recommended adding a Condition of Approval 1.0 and renumber accordingly. Motion: Add a new Condition of Approval 1.D to read "The applicant shall provide evidence of an Access Easement Agreement to cross property, if crossing property other than their own". Moved by Bruce Johnson. Seconded by Tom Cope. Motion carried unanimously. The Chair referred to the request made by the applicant regarding the change in the noise standard and asked for the Planning Commissions thoughts. He reiterated that the applicant is asking for 55 dBA along the north and east boundaries of the property and to have a 50 dBA on the west and south boundaries of the property Commissioner Beck is in favor of allowing the 55 dBA on the eastern boundary only since the proposed facility abuts the eastern boundary Commissioner Cope is not in support of allowing this change because potentially someone can move in close to this facility and believes that the applicant has the ability to reduce 3 the noise to that level The Planning Commission didn't feel it was necessary to change the noise standards The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement and will address the noise issue with the Board of County Commissioners Motion: Forward Case USR18-0099 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commissions recommendation of denial. Moved by Skip Holland. citing Section 23-2-220_A.3 regarding compatibility with existing surrounding land uses, Section 23-2-220.A.2 regarding that the proposed use is consistent with the agricultural zone district. Seconded by Gene Stille Commissioner Holland said that although his sympathies are with the oil and gas industry. he believes this is a worth -while. consistent agricultural zone that they should attempt to protect and enhance_ Commissioner Beck said that it is unfair to penalize DCP of this land for disruption of this ditch that hasn't happened yet and whatever may or may not have happened due to the use of the previous landowner. Commissioner Ford said that they have approved a lot of these compressor stations in similar areas and doesn't see what is different on this area compared to other areas with more housing close by Vote: Motion failed (summary: Yes = 2. No = 5,) Yes: Gene Stille. Skip Holland No: Bruce Johnson. Lonnie Ford. Michael Wailes. Richard Beck. Tom Cope Absent: Elijah Hatch Commissioner Stille said that he has a lot of reasons to say no and a lot of reasons to say yes, and they happen to be the same thing He has a compressor station within about 100 yards of where he lives and he hears the vibration and noise and sympathizes with Commissioner Holland on the Sections that he cited and Mr Stille added Section 23-2-220 A.7 because he believes it has something to do with health and safety Motion: Forward Case USR18-0099 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Moved by Tom Cope. Seconded by Richard Beck. Commissioner Cope said that he believes this is compatible with the area and with the mitigations that the applicant will do that it is compatible as well as with the future use of the area. He added that this is also the reason why he felt the noise should be contained to a residential level. Commissioner Johnson said that he believes these things need to have their easements and accesses in place and glad that it has been clarified in the Resolution. He said that it is a matter of interpretation or opinion of those same Sections as they can be spoken in the affirmative Vote: Motion passed (summary: Yes = 6. No = 1). Yes: Bruce Johnson. Gene Stille. Lonnie Ford. Michael Wailes. Richard Beck. Tom Cope. No: Skip Holland. Absent: Elijah Hatch. The Chair asked the public if there were other items of business that they would like to discuss No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss No one wished to speak Meeting adjourned at 5 34 pm. 4 Respectfully submitted, Kristine Ranslem Secretary 5 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip 1ini Dinft) ;O►akiS kotmaceo(f940.aM Li- a.'i #�IO-leo lite /o, -5 41 et V� a2 �'Y o r; gt<T F prc c- k o u c e S`ci eft,,,,,i ir- flimAcie, 1, C a 61 ,_ aci 39 c_ -2Z )fie.-- (Any 72r 23 90 C 1/' C K i rs f "eatir6Js L.uler ` f #a) -C o ccr ;J -17c,_„, I Cater _ 3 O G (-t-'Gk Tel )5 'F %S < C j ) t c ky 1 2& /7 Jag! ►lo -res t ‘.161/ Hari tit'o fir OCR CI rClt Jon'nel7irvr7 jr1hvowrg4rair''nh5-hrutta ltav'L2 Jicc tifiUtiS-FcrYonfiMurteh C - CANJs1-l14+nLc, . ce Ai ii et f lue rs-f r- n I rug4--- i.) 721 Lln�. ST- SJEf .l L ")t('TI 3c°l Shia- C..an Mt' "I net- Go g7°elnI C^�M we„tA I7. Sr `-%7 C L tit11 c� Se(r'—/z Wr 7 6 k', ' O f Li,k 0 GC ST= 1, A(6 rz1ti r Ssi vl f f t. s Z i r.L- t 'Cat.1 36 s .,. S% . S imi 2e, v Ca Ss. --••-* • a `� J 'C7 Qa,�c- c 4 3v26 kk Atr�� Co4, �E3k a d�5 r I, _ I - Li` }' rLI, r t�o� rock k 1 i,i6(c I- cicL S .rar sae1/ 24i1 ci)e11 r Koval X37 okivelkeYl� Jot u_ 1 L 000 k/- )164L Ave w o ikUiE ') 6 A -a 0 4). SL\T _, Li"r 1t 1l SkIAQ_c‘'CiSkak&s\.Oro KMyers(N�rss41JeIN_ Q►e, , kZr/ Al erS y `' '' 5hvJ'7 i' F,- * Sill-. .jam Ds- . ) Acc/J -i/A-fie A) 300,;, 43',4A re- Pc < < ( seioA, y it�4 @ 1 H v� , con, �n < ( <<,, —' 445-3( E cc, �.. Y t ZS 5-M- basorr b �+-� ..4)- �',, a rvr~ tic `ni.,,4`.0C Aa7Ygf lb 55 xeest i/ /0 106* c'boni cA Gies ConbeAcre Ai ar L&) 3 3 c.1/4.k 1 r7 ge,4434) CO 8 03 Lowy cafrLnr3 & Pof,corn /6.r it o44 ik 2, ZO ,a,,/,.\c 1 59e Ore I≤ p e0 P06 e3 K4 zEl. rc_4c kkct►gc ))Groek Zb-) Leos ,2 4( 5 _(WdClaHea,/.eon 1a171clK be•b 1h.c,u Co e41.111-5- 3 /.2 6 As.14-vNi;NE rtey.Co gray�gcKL5 e cs.coai 727' L3uz egos gl Hello