HomeMy WebLinkAbout20190840.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0115, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE, INCLUDING FOUR (4) GAS
COMPRESSORS, MOTOR CONTROL CENTER AND RELATED EQUIPMENT AND UP
TO FOUR (4) CONSTRUCTION OFFICE TRAILERS, AND SIX (6) CONEX
CONTAINERS FOR USE DURING THE CONSTRUCTION OF THE FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - KAUFFMAN BROTHERS LIMITED
PARTNERSHIP, C/O CURETON MIDSTREAM, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 6th day of
March, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Kauffman Brothers Limited Partnership, 8616 CR 63, Keenesburg, CO
80643-9129, do Cureton Midstream, LLC, 518 17th Street, Suite 650, Denver, CO 80202, for a
Site Specific Development Plan and Use by Special Review Permit, USR18-0115, for Mineral
Resource Development Facilities including Oil and Gas Support and Service, including four (4)
gas compressors, motor control center and related equipment and up to four (4) construction
office trailers, and six (6) conex containers for use during the construction of the facility in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
The NE1/4 of Section 20, Township 2 North, Range
63 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Nick Holland, Cureton
Midstream, LLC, 518 17th Street, Denver, Colorado 80202 and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
c� PL t asI TP), Pw C He), EH c P ),
GA,Ct3c), G,PPL, 0-PPL REP
O11/oaii9
2019-0840
PL2645
SPECIAL REVIEW PERMIT (USR18-0115) - KAUFFMAN BROTHERS LIMITED
PARTNERSHIP, O/O CURETON MIDSTREAM, LLC
PAGE 2
1
Section 22-5-100.A. (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources." Oil and gas development in the County is an integral
part of the County economy and has a substantial direct and indirect
impact on current and future land use. Oil and gas development is
cyclical, but the economics of energy suggests sustained levels of
exploration and extraction in the County for the next twenty (20)
years. Cureton is a business that is in the midstream segment of
the natural gas industry. As part of its business, Cureton gathers
raw natural gas via pipelines for processing and transmits final
products to customers via pipelines. In Weld County, Cureton
operates an expanding network of gathering pipelines, as well as
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, Cureton is proposing the Miskey
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 a twenty (20) acre Subdivsion
Exemption parcel for oil and gas support and service. 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 23-2-230.6.2 -- 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 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. The
A (Agricultural) Zone District was 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.
2019-0840
PL2645
SPECIAL REVIEW PERMIT (USR18-0115) - KAUFFMAN BROTHERS LIMITED
PARTNERSHIP, C/O CURETON MIDSTREAM, LLC
PAGE 3
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Miskey Compressor
Station is located in an area of the County used primarily for dryland
agriculture and pasture land and already contains various oil and gas
operations and facilities. The existing site is surrounded by one irrigated
center pivot, dryland agricultural fields and very few residents. There is an
existing mineral resource development facility that includes transloading
north of and adjacent to the site and permitted by MUSR14-0033. By
keeping the proposed compressor footprint small (approximately 20 acres)
and on an unfarmed portion of land, Cureton intends that surrounding
agricultural areas will not be affected by the compressor station's presence.
Once the construction is completed, the contractor laydown yard and
parking area that was disturbed will be reseeded with a native seed mix.
The impact from light onto adjacent properties will be minimized. The lights
that will be onsite will be manually turned on by an operator when needed.
No security lighting is proposed; however, shielding for the manual outdoor
lights is proposed to help mitigate any light pollution that may occur during
those times an operator needs to access the facility at night. Noise impacts
are expected to be minimal, as the facility is located over a half -mile from
any residence, next to a Use by Right dairy operation and a transloading
facility that was granted Industrial Zone noise standard as part of
MUSR14-0033. The applicant has requested a Commercial Zone noise
standard to be able to remain in compliance with the Development
Standards. The Department of Environmental Health, in a November 29,
2018, referral response, recommended a Commercial Zone noise
standard. There are seven (7) parcels represented by four (4) property
owners within five hundred feet of this facility, There are two (2) homes
approximately 0.6 and 0.7 miles away from the site. Planning staff has not
received any telephone calls or letters of correspondence concerning this
land use application. In the unlikely event operations cease at the Miskey
Compressor Station, Cureton will remove the equipment in accordance
with COGCC regulations in accordance with the Decommissioning Plan
submitted in the application materials. 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. Cureton will
comply with all COGCC regulations concerning site restoration.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the
existing zoning and with the future development as projected by Chapter
22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is within the Intergovernmental Agreement Area and three (3) mile
referral area of the Town of Keenesburg. The Town indicated no desire to
annex the property on the Notice of Inquiry form turned in with the
application and the Town did not return a referral response.
2019-0840
PL2645
SPECIAL REVIEW PERMIT (USR18-0115) - KAUFFMAN BROTHERS LIMITED
PARTNERSHIP, C/O CURETON MIDSTREAM, LLC
PAGE 4
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Article V
of the Weld County Code. The property is not within a recognized overlay
district for the Geologic Hazard, Flood Hazard, MS4 area or Airport Overlay
District. 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 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. This proposed facility is located on a single leasehold parcel secured
through a Subdivision Exemption for oil and gas support and service. The
proposed facility is sited on lands that are designated as "Other Land" on
the Important Farmlands of Weld County map dated 1979. No productive
agricultural land will be impacted.
G. Section 23-2-230.6.7 -- 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 the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Kauffman Brothers Limited Partnership, do Cureton
Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0115, for Mineral Resource Development Facilities including Oil and Gas Support and
Service, including four (4) gas compressors, motor control center and related equipment and up
to four (4) construction office trailers, and six (6) conex containers for use during the construction
of the facility in the A (Agricultural) Zone District, on the parcel of land described above be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the USR map:
A. During construction, 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.
B. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR18-0115.
2) The attached Development Standards.
3) The USR map shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
2019-0840
PL2645
SPECIAL REVIEW PERMIT (USR18-0115) - KAUFFMAN BROTHERS LIMITED
PARTNERSHIP, 0/O CURETON MIDSTREAM, LLC
PAGE 5
4) County Road 63 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
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained
by Weld County.
5) County Road 20 Section Line has 30 feet of unmaintained section
line right-of-way on the south of the section line. The applicant shall
delineate the existing right-of-way on the site plan. Show and label
the section line Right -of -Way as "CR 20 Section Line Right -of -Way,
not County maintained." Reference the documents creating the
right-of-way. All setbacks shall be measured from the edge of
right-of-way.
6) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii (60') on the
site plan. The applicant must obtain an access permit in the
approved location prior to construction.
7) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
8) The applicant shall show and label a 30 -foot minimum access and
utility easement to provide legal access to the parcel on the site
plan.
9) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Retention,
No -Build or Storage Area" and shall include the calculated volume.
10) The applicant shall show and label the drainage flow arrows.
11) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
2019-0840
PL2645
SPECIAL REVIEW PERMIT (USR18-0115) - KAUFFMAN BROTHERS LIMITED
PARTNERSHIP, C/O CURETON MIDSTREAM, LLC
PAGE 6
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.
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.
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 maps@co.weld.co.us.
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 three (3)
month period.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the USR map is ready to be
recorded in the office of the Weld County Clerk and Recorder.
2019-0840
PL2645
SPECIAL REVIEW PERMIT (USR18-0115) - KAUFFMAN BROTHERS LIMITED PARTNERSHIP,
C/O CURETON MIDSTREAM, LLC
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W , D COUNTY, COLO"ADO
ATTEST: datecmj C�-jeio:ei
Weld County Clerk to the Board
arbara Kirkmeyer, C air
Mike Freeman, Pro -Tern
BY:
Deputy Clerk
Date of signature: y-7 -19
2019-0840
PL2645
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KAUFFMAN BROTHERS LIMITED PARTNERSHIP, CIO CURETON MIDSTREAM, LLC
USR18-0115
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0115, is for
Mineral Resource Development Facilities including Oil and Gas Support and Service,
including four (4) gas compressors, motor control center and related equipment and up to
four (4) construction office trailers and six (6) conex for use during the construction of the
facility in the A (Agricultural) Zone (Miskey Compressor Station) and subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. This is an unmanned facility.
4. The facility will operate 24 hours per day, 365 days per year.
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.
6. The applicant or operator shall comply with the approved Decommissioning Plan.
7. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
8. 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.
9. 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.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. 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.
2019-0840
PL2645
DEVELOPMENT STANDARDS (USR18-0115) - KAUFFMAN BROTHERS LIMITED
PARTNERSHIP, C/O CURETON MIDSTREAM, LLC
PAGE 2
13. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
14. The historical flow patterns and runoff amounts on the site will be maintained.
15. Weld County is not be responsible for the maintenance of on -site drainage related
features.
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
17. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
18. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I of the Weld County Code.
19. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's air quality regulations.
20. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a pen -nit from the Colorado Department of Public Health and
Environment of the Air Pollution Control Division, as applicable.
21. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are onsite for less than
two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be screened from adjacent properties and serviced
by a cleaner licensed in Weld County and shall contain hand sanitizers.
22. 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.
23. 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.
2019-0840
PL2645
DEVELOPMENT STANDARDS (USR18-0115) - KAUFFMAN BROTHERS LIMITED
PARTNERSHIP, C/O CURETON MIDSTREAM, LLC
PAGE 3
24. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
25. 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.
26. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-03.
27. 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.
28. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available onsite or as applicable.
29. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
30. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County -wide Road Impact Fee, County Facility Fee and Drainage Impact Fee
Programs.
33. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
34. 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 after giving twenty-four (24) hour notice 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.
35. 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.
2019-0840
PL2645
DEVELOPMENT STANDARDS (USR18-0115) - KAUFFMAN BROTHERS LIMITED
PARTNERSHIP, C/O CURETON MIDSTREAM, LLC
PAGE 4
36. 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.
37. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes,
mineral resource sites are fixed to their geographical and geophysical locations.
Moreover, these resources are protected property rights and mineral owners should be
afforded the opportunity to extract the mineral resource.
38. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2019-0840
PL2645
Hello