HomeMy WebLinkAbout20191093.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
US co -01
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch, 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:
APPLICANT
PLANNER.
REQUEST
LEGAL DESCRIPTION
LOCATION
USR18-0116
ENERPLUS RESOURCES (USA) CORPORATION
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (CENTRAL
GATHERING FACILITY TO RECEIVE NATURAL GAS PRODUCED WATER AND
OIL ALONG WITH GAS COMPRESSION GAS PROCESSING. PRODUCED
WATER RECYCLING. A SALT WATER INJECTION DISPOSAL WELL. STORAGE
YARD AND FIELD OFFICE. FIVE (5) CARGO CONTAINERS AND TWO (2)
TEMPORARY CONSTRUCTION OFFICE TRAILERS TO BE UTLIZED DURING
CONCSTRUCTION OF THE FACILITY) IN THE A(AGRICULTURAL) ZONE
DISTRICT.
SW4 SECTION 26, T8N. R67W OF THE 6TH P M . WELD COUNTY. COLORADO
APPROXIMATELY ONE (1) MILE EAST OF CR 19 APPROXIMATELY 0.5 MILES
SOUTH OF CR 90
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 23-3-230. B 1 (A. Policy 7.2) of the Weld County Code states: "Conversion of
agricultural land to nonurban residential. commercial and industrial uses should be
accommodated when the subject site is in an area that can support such development and
should attempt to be compatible with the region."
The proposed facility is located in a rural area and will be located approximately 1 (one) mile
from the nearest residences in the area. The site is located approximately 1/2 mile south of
County Road 90 and the access into the site off of County Road 90 will not be located in
close proximity (or across) the street from residences in the area.
Section 22-2-20 H (A. Goal 8) of the Weld County Code states: "Ensure that adequate
services and facilities are currently available or reasonably obtainable to accommodate the
requested new land use change for more intensive development."
The proposed facility will be serviced by a commercial well and septic system The facility will
access on to County Road 90. An Improvements and Road Maintenance Agreement (to
address impacts and potential future damage) to County Road 90 is required as a condition
of approval for this facility.
Section 22-20.1 (A.Goal 9) states: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
The site is screened from many existing residences located to the west by existing
topography (hills)
The proposed use is in an area that can support this development and the Development
Standards, and the Conditions of Approval (including noise and lighting standards) will assist
RESOLUTION USR18-0116
ENERPLUS RESOURCES (USA) CORPORATION
PAGE 2
in mitigating the impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses and the region.
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 provides for a Site Specific Development Plan for Oil and
Gas Support and Service (Central Gathering Facility to receive natural gas, produced water
and oil along with gas compression, gas processing, produced water recycling, A Salt Water
Injection Disposal Well. storage yard and field office) in the A (Agricultural) Zone District.
Section 23-3-10 - Intent states: "The (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 proposed use is in an area that can support this development and the Development
Standards. and the Conditions of Approval will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land uses and the
region.
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The Planning Commission bases this recommendation of approval on the Applicant's
statement that they will provide the Department of Public Works with an updated Traffic
Impact Study prior to the hearing before the Board of County Commissioners.
The proposed facility is located approximately 1 mile to the north and east and 1 mile to the
north and west of the nearest residences. Rangeland and dry cropland surrounds the
property.
One letter of concern/objection dated 1/1 1/2019 was received from the Otis, Bedingfield and
Peters on behalf of the adjacent property to the south. Concerns expressed in the letter were:
The close proximity of the facility (including the injection well) to the property to the
south_
Drainage impacts (impacts on an intermittent stream) on that drains to the south.
Traffic impacts
No landscaping or screening (especially if the property is located near the south
property line).
The applicant has submitted an updated USR map that relocates the facility 1,600 feet further
to the north in response to this request. The facility is going to access to the north onto
County Road 90. The nearest residence from the access point onto County Road 90 is
approximately 0.75 miles to the east. The majority of nearby residences are located
approximately 1 mile to the west of the site along County Road 19. In driving along County
Road 19 it appears that the facility will be completely screened by topography in some
places.
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 located within the 3 -mile referral area and is located partially within the
Coordinated Planning Agreement (IGA) boundary for the Town of Severance. The Town of
RESOLUTION USR18-0116
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Severance indicated in an e-mail dated 10/19/2018 (prior to referrals being sent out for this
case) that this site is located outside of the Growth Management Area for Severance. No
referral comments have been received from the Town of Severance for this case.
Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl. of the
Weld County Code
The property is not within the Geologic Hazard Overlay District. a Special Flood Hazard Area
or the Airport Overlay District.
Building Permits issued will be required to adhere to the fee structure of the County -Wide
Road Impact Fee. County Facility Fee and Drainage Impact Fee Programs.
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 proposed facility is located on approximately 160.25 acres delineated as Prime if
Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
The parcel is not irrigated_ The owner (applicant) does not have any rights to irrigation water.
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.
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 map
A. A Traffic Impact Study is required for this site prior to recording the USR Map. Traffic Impact
Studies are required to be completed by a Colorado Licensed Professional Engineer. The
Traffic Impact Study may indicate that off -site improvements are warranted by the Use by
Special Review. (Department of Public Works)
B An Improvements and Road Maintenance Agreement is required for dust control. damage
repair to specified haul routes, and potential off -site improvements at this location. The
Agreement shall include provisions addressing engineering requirements, submission of
collateral, and testing and approval of completed improvements_ (Department of Public Works)
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)
The applicant shall submit a recorded copy of any agreement signed by all of the owners of the
property crossed by the access. The access shall be for ingress. egress. utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
A Landscaping/Screening Plan to mitigate visual impacts of the facility shall be submitted to the
Department of Planning Services for review and approval If landscaping is proposed as
screening, a landscape irrigation and maintenance plan shall be provided. (Department of
Planning Services)
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PAGE 4
A lighting plan that meets the requirements of Section 23-9-40 of the Weld County Code shall
be submitted for review and approval by the Department of Planning Services (Department of
Planning Services)
A Communications Plan shall be submitted to the Department of Planning services. The
Communications Plan shall address ongoing communication processes with area property
owners, and by reviewed annually with input from the area property owners. (Department of
Planning Services)
The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0116 (Department of Planning Services)
2 The attached Development Standards. (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code (Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas Section 23-3-350.H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5 The map shall delineate the landscaping and/or screening per the approved
Landscaping/Screening Plan. (Department of Planning Services)
6. The map shall delineate the lighting per the approved lighting plan. (Department of
Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV. Division 2
and Appendices 23-C. 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
8 County Road 90 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)
9. County Road 21 Section Line is shown as 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 21 Section Line Right -Of -Way.
not County maintained." All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
10. 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)
11 Show and label the approved tracking control on the site plan. (Department of Public
Works)
12 Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event. shall the distance from the
gate to the edge of the traveled surface be less than 35 feet (Department of Public
Works)
RESOLUTION USR18-0116
ENERPLUS RESOURCES (USA) CORPORATION
PAGE 5
13 Show and label the access and utility easement to provide legal access to the parcel on
the site plan. Show the easement from the project parcel up to and including the
connection to maintained County Road 55. (Department of Public Works)
14 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)
15. Show and label the drainage flow arrows (Department of Public Works)
16 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
17. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
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 plat 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 plat
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 three (3) month period. (Department of Planning Services)
4. 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 maps(c�co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction
A. If more than 1 acre is to be disturbed. a Weld County grading permit will be required.
(Department of Public Works)
B The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6 Prior to issuance of Certificate of Occupancy
A. An onsite wastewater treatment system is required for the proposed facility and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Onsite Wastewater Treatment System Regulations.
B Documentation showing the facility has a permanent. adequate water supply for drinking and
sanitary purposes
7 Prior to Operation
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ENERPLUS RESOURCES (USA) CORPORATION
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A. If applicable, accepted construction drawings and construction of the off -site roadway
improvements are required prior to operation (Department of Public Works)
B 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)
8. Prior to the facility disposing or recycling of waste.
A. For recycling operations, the facility shall submit documentation showing the facility has an
approved Design and Operations plan approved by the COGCC. (Department of Public Health
and Environment)
B. The facility shall submit a Groundwater Monitoring Plan for review and approval to the Weld
County Department of Public Health and Environment. (Department of Public Health and
Environment)
C The facility shall submit design plans of the offload pad area which should incorporate a sub -
sump monitoring point and synthetic liner for review and approval to the Weld County Department
of Public Health and Environment, (Department of Public Health and Environment)
9. The Use by Special Review activity shall not occur. nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat 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)
Motion seconded by Skip Holland.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
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 March 5, 2019.
Dated the 5"' of March, 2019
Y11_, 44,461,2iyu
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Enerplus Resources (USA) Corporation
USR18-0116
A Site Specific Development Plan and Use by Special Review Permit, USR18-0116. for an Oil and Gas
Support and Service Facility (Central Gathering Facility to receive natural gas. produced water and oil
along with gas compression. gas processing, produced water recycling. A Salt Water Injection Disposal
Well, storage yard and field office) in the A (Agricultural) Zone District.. 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 hours of operation are 24 hours a day, seven (7) days a week. (Department of Planning Services)
4. The number of on -site employees shall be (eight) 8. as stated in the application. (Department of Planning
Services)
5 The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23. Article IV. Division 2 and Appendices 23-C. 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The landscaping/screening on the site shall be maintained in accordance with the approved
landscape/screening plan. (Department of Planning Services)
8. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15'h 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. (Department
of Planning Services)
9. No disposal of waste, other than Class II, as currently defined by the Environmental Protection Agency, is
permitted. No commercial disposal of waste will occur at this facility. Any changes from the approved
Class II use will require an amendment to this Use by Special Review Permit. (Department of Public
Health and Environment)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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)
11. 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. Section 30-20-100.5. C.R.S. (Department of Public Health and Environment)
12. The facility shall comply with the Colorado Oil and Gas Conservation Commission (COGCC) regulations
pertaining to Centralized E&P Waste Management Facilities. Only E&P wastes. generated by the
operator. are allowed to be recycled at the facility (Department of Public Health and Environment)
13. 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)
14. 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)
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PAGE 8
15. 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
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. (Department of Public Health and Environment)
17. Any septic system located on the property must comply with all provisions of the Weld County Code.
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
18. All potentially hazardous chemicals on -site 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)
19. 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 Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations. (Department of Public Health and
Environment)
20. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance. and proper disposal shall be retained. (Department
of Public Health and Environment)
21. As applicable, a Spill Prevention. Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR. Part 112. shall be available. (Department of Public Health and
Environment)
22. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
23. 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)
24. A leak detection system shall be designed and installed beneath concrete unloading pad(s). piping. and
sump(s). The unloading pad shall be kept in good condition. (Department of Public Health and
Environment)
25. The facility shall comply with the accepted Groundwater Monitoring Plan. (Department of Public Health
and Environment)
26. Analytical waste data and environmental monitoring data shall be made available to Weld County
Department of Health and Environment upon request. The Weld County Department of Health and
Environment reserves the right to require additional monitoring (Department of Public Health and
Environment)
27. All stormwater. which has come into contact with waste materials on the site. shall be confined on the site.
In the event the storm water is not adequately controlled on the site. upon written notification from the
WCDPHE or CDPHE, a comprehensive site -wide Stormwater Plan shall be developed and implemented_
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PAGE 9
The plan must be approved, in writing by the WCDPHE or CDPHE, prior to implementation. (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, as applicable.
(Department of Public Health and Environment)
29. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C S. (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)
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. 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)
34. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
35. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
36. 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)
37. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
38. The Improvements Agreement for this site may be reviewed on an annual basis. including a site visit and
possible updates. (Department of Public Works)
39. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
40. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
41. 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)
42. 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 has been adopted by Weld County 2018 International Building
Codes: 2018 International Residential Code; 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. (Department of Building Inspection)
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43. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
44 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.
45 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.
46. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
47. 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. (Department of Public Health and Environment)
48. 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. (Department of Public Health and
Environment)
49. 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 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.
50. WELD COUNTY'S RIGHT TO FARM: 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
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ENERPLUS RESOURCES (USA) CORPORATION
PAGE 11
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
et Mmnk+es
351 t9
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. March 5. 2019
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 Michael Wailes, Bruce Sparrow. Bruce Johnson. Gene Stille. Tom Cope, Lonnie Ford. Richard
Beck. Elijah Hatch. Skip Holland.
Also Present: Chris Gathman, Angela Snyder. and Tom Parko. Department of Planning Services. Lauren
Light and Ben Frissell. Department of Health: Evan Pinkham. Hayley Balzano and Mike McRoberts. Public
Works. Bob Choate and Bruce Barker, County Attorney. and Kris Ranslem, Secretary.
CASE NUMBER.
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR18-0116
ENERPLUS RESOURCES (USA) CORPORATION
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (CENTRAL
GATHERING FACILITY TO RECEIVE NATURAL GAS PRODUCED WATER
AND OIL ALONG WITH GAS COMPRESSION GAS PROCESSING
PRODUCED WATER RECYCLING. A SALT WATER INJECTION DISPOSAL
WELL STORAGE YARD AND FIELD OFFICE FIVE (5) CARGO CONTAINERS
AND TWO (2) TEMPORARY CONSTRUCTION OFFICE TRAILERS TO BE
UTLIZED DURING CONCSTRUCTION OF THE FACILITY) IN THE
A(AGRICULTURAL) ZONE DISTRICT
SW4 SECTION 26 T8N. R67W OF THE 6TH P M. WELD COUNTY.
COLORADO
APPROXIMATELY ONE (1) MILE EAST OF CR 19. APPROXIMATELY 0 5 MILES
SOUTH OF CR 90
Chris Gathman, Planning Services. presented Case USR18-0116, reading the recommendation and
comments into the record. Mr. Gathman noted one (1) letter was received in objection with concerns of
being in close proximity to the facility including the injection well, drainage impacts, traffic impacts and the
lack of landscaping or screening if the facility is located to the south property line As a result, to address
these concerns. the applicant has moved the location of the proposed facility approximately 1600 feet north.
which is closer to the middle of the section. In a follow up letter from the objector, they are still concerned
with the landscaping and screening of the site. Mr. Gathman said that the applicant has been working with
the neighbor on their concerns of landscaping. The facility will access to the north onto County Road 90.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Hayley Balzano. Public Works. reported on the existing traffic, access to the site and drainage conditions
for the site
Commissioner Wailes asked when the traffic study is required to be completed. Ms Balzano replied that it
needs to be completed prior to the recording of the USR map and more specifically prior to completing the
Improvements and Road Maintenance Agreement.
Ben Frissell, Environmental Health. reviewed the public water and sanitary sewer requirements. on -site
dust control. and the Waste Handling Plan.
Jacob Everhart, Enerplus Resources, 950 17<<' Street. Denver, Colorado. stated that they are proposing a
centralized gathering system from their surrounding well sites. There are currently three (3) producing well
pads with five (5) wells total. He added that they will be drilling an additional five (5) wells this year within
two (2) miles of this centralized facility.
1
Commissioner Wailes asked if the gathering system will also be bringing the produced water back for the
salt water injection. Mr. Everhart replied that it will and added that they have submitted a LAP (Location
Assessment Pipeline) application for a 12 -inch pipeline for the facility
Mr Everhart added that they have prepared a traffic study and the results show that no large impacts will
be experienced by the community.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Dave Lindsay. 11217 CR 90. stated that there are more than 30 trucks that run on County Road 90 per
day. He expressed concern regarding the increase in traffic, impact on their water wells, and the noise that
the facility will produce. He stated the access road should be paved due to blowing dust. He added that
by moving the site to the middle of the section, the facility will be three-quarters of a mile away from their
residence
Virgil Taylor, 12006 CR 90. stated that he lives east of the subject property He is very concerned about
the traffic, vibration and dust. He added that they moved to this area from north of Barnsville to get away
from the wells Mr. Taylor recommended paving that county road to help with dust and traffic.
The Chair asked Staff to explain the traffic study and counts. Ms. Balzano said that the traffic count was
completed on October 6, 2016 with 109 vehicles and added that the traffic may have grown in the area
since then She further added that the traffic study will only be on this USR traffic and not other drilling
traffic in the area. Commissioner cope asked if the applicant uses their own traffic count or the County's
traffic count. Ms. Balzano said that typically they will use the county's traffic count for background traffic
and then they produce their own numbers proposed by the business_ Mr Cope said that it seems like the
County should request that the traffic data should be within the last year. Ms. Balzano said that they can
request that or include it in the conditions of approval.
Ryan McLoughlin. Enerplus Resources. said that vibration is an issue and added that it was a combustor
issue with flows coming out of the wells and went to great expense to correct this issue. He said that the
compressor will be run off of fuel gas and they intend to reduce the amount of equipment on the pad to
reduce the visual impact. He said that the traffic will decrease after the wells are drilled and added that
they did perform dust abatement on County Road 19 last year. He indicated that the goal is to phase in
recycling and to phase out trucking He indicated that a LAP application was submitted yesterday for
pipelines tying into this proposed facility.
Mr. McLoughlin said that with regard to the noise from the existing pads. they are trying to tie into the
gathering facility to reduce flaring and potential for noises and vibrations
The Chair referred to the concern of the domestic water wells Mr McLoughlin said that the water wells
are at approximately 370 feet deep. however, the formation they are going into is 9000 feet down and
everything is cemented and cased
With regard to site selection. Mr McLoughlin said that they chose this site because it is central to their
development in the area.
Commissioner Ford asked how much noise the compressors make. Mr. McLoughlin said that they would
need to perform noise studies to evaluate the noise level. He added that they will perform studies to
determine the mitigation that they need to have for noise
Commissioner Beck asked staff what the noise standard is. Mr Frissell said that the applicant would have
to meet the commercial noise standard at 55 and 60 decibels measured at 25 foot from property line.
Commissioner Cope said that he doesn't see the traffic study information in the application material and
asked if a new traffic count was conducted or if the applicant used the County's traffic count Mr Everhart
said that they used a new contractor to go out and conduct the numbers and added that they submitted
that information with the application Ms Balzano said that she believed they haven't received the traffic
study and added that they were willing to have it listed as a condition of approval in this case.
2
The Chair asked Staff if they have any changes to the Resolution. Ms. Balzano said that she does not have
any changes, however, they could add to Condition of Approval 1.A that updated traffic counts are to be
provided in the traffic impact study. if the Planning Commission desires. Commissioner Cope
recommended adding a limit that a traffic count in the last year be provided.
Commissioner Beck said that it seems over the last year, these facilities have provided traffic counts and
added that it is important that Staff brings those to the floor. He added that most of the time what most of
the neighbors refer to is the count before and after the facility is constructed Ms. Balzano said that they
typically do require it prior to considering the application complete, however, because the numbers were
not as high as it was initially proposed, it was requested to move it forward from completeness review
Commissioner Ford requested to add a Condition of Approval that requires a traffic study be submitted prior
to the Board of County Commissioner hearing He added that in the future it should be submitted prior to
the Planning Commission hearing
Bob Choate, County Attorney. stated that this discussion pertains more to the findings of the application
and recommended amending the Resolution by adding language under Section 23-2-220.A.3. He
recommended adding The Planning Commission bases this recommendation of approval on the
Applicant's statement that they will provide the Department of Public Works with an updated Traffic Impact
Study prior to the hearing before the Board of County Commissioners".
Motion: Add that a traffic impact study is required prior to the Board of County Commissioner hearing.
Moved by Lonnie Ford. The Chair asked if he would like to make that a condition of approval or
development standard Commissioner Stille suggested that it be prior to recording the USR map but should
be done within the year. Dawn Anderson, Public Works. said that they would want the data within a year
and added that if the applicant can submit the traffic study they will review it prior to the County
Commissioner hearing Commissioner Ford withdrew his motion.
Motion: Add recommended language provided by Staff under Item C Section 23-2-220.A.3. Moved by
Gene Stifle. Seconded by Bruce Johnson Motion carried unanimously.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR18-0116 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Elijah Hatch, Seconded by Skip Holland
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille. Lonnie Ford Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
Meeting adjourned at 7 02 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
3
RECORD
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ATTENDANCE
NAME - PLEASE PRINT LEGIBLY
ADDRESS
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