HomeMy WebLinkAbout20192732.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0026, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE (THREE (3) GAS
COMPRESSORS AND RELATED EQUIPMENT), UP TO FIVE (5) TEMPORARY
CONSTRUCTION OFFICE TRAILERS AND TEN (10) TEMPORARY CONEX FOR USE
DURING THE CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT - PETERS 313 RANCH, INC., C/O SUMMIT MIDSTREAM NIOBRARA, 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 17th day of
July, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Peters 313 Ranch, Inc., 57851 CR 81, Grover, Colorado 80726, do Summit
Midstream Niobrara, LLC, 707 Wapiti Ave., Suite 202, Rifle, Colorado 81650, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0026, for Mineral Resource
Development Facilities including Oil and Gas Support and Service (three (3) gas compressors
and related equipment), up to five (5) temporary construction office trailers and ten (10) temporary
conex 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:
Subdivision Exemption, SUBX19-0010; being part of
the NW1/4 NW1/4 of Section 33, Township 12 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Tracey Jensen, Summit
Midstream, 707 Wapiti Avenue, Rifle, Colorado 81650, 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.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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MIDSTREAM NIOBRARA, LLC
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1) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy." The property owner has submitted an
application for a signed lease for lands associated with this
compressor facility. The proposed compressor station is located
within the Peters 313 Ranch, on lands with multiple oil and gas
encumbrances and mineral resource development facilities
associated with open pit mine of sands, gravels, and stones.
2) Section 22-5-100.A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of this
Code." Summit Midstream Niobrara, LLC, (Summit) is in the
business of collecting, processing, compressing, and transmitting
natural gas products to customers via pipelines. 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 is needed in this area in order to meet the
growing production. To meet these needs, Summit is proposing the
Brahma 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.
3) Section 22-5-100.B.6 (OG.Policy 2.6) states: "Promote the safety of
all citizens and structures that are in relatively close proximity to oil
and gas facilities." The facility is proposed for a remote location of
the County with no residential structures located within several
miles. Additionally, the applicant is proposing to place all equipment
within pre -fabricated structures. Compressor buildings will have
hospital -grade silencers and each structure is insulated to dampen
equipment noise. The applicant has been working with the Pawnee
Fire Department on an Emergency Action Plan that addresses the
Muster point, in case of emergency or unforeseen event. As a
Condition of Approval prior to operation, a signed Emergency
Action Plan between the Fire Department, Office of Emergency
Management and the Plant Operator, is required. 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.
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4) Section 22-2-20.1.5 (A. Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral
process." Summit is in communication with surrounding property
owners and will continue to communicate with them. The Pawnee
volunteer fire department was sent notification along with Summit
contact information and have acknowledged the notification. The
applicant indicates that prior to operation, emergency responders
will be provided with information on emergency protocols and the
muster locations for the compressor station. The areas surrounding
the site have agricultural land use predominately for the grazing of
livestock, as well as oil and gas exploration and development.
There are several Highpoint Operating Corporation well pads/tank
batteries adjacent to this site and several more about 800 feet to
the east. The station is designed for minimal impact to the
surrounding area. The application materials indicate that facility
lighting will not overly illuminate large areas and will be directed at
90 degrees to the natural ground plane. Lighting will comply with
the Weld County Code, with no transient light leaving the property,
incorporating the Dark Sky Policy. The existing site is natural
grasses and range land associated high prairie vegetation with no
improvements or farming. The site is in a remote, arid region and
as such, the proposed compressor station will be graveled, with
natural grasses remaining outside the fenced area. No additional
landscaping is proposed.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.2 of the Weld County Code provides for Mineral
Resource Development Facilities, Oil and Gas Support and
Service, Natural Gas Compressor Facility, 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 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
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District regulations are established to promote the health, safety
and general welfare of the present and future residents of the
County.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Brahma
Compressor Station is located in an area of the County used primarily as
grazing and pasture land and already contains various oil and gas
operations and facilities. The proposed site is surrounded by natural
grasses and range land associated high prairie vegetation and no
residents. By keeping the proposed compressor footprint small
(approximately 12 acres out of the 640 -acre property), Summit intends that
surrounding agricultural areas will not be affected by the compressor
station's presence. Once the construction is completed, disturbed areas will
be reseeded with a native seed mix. There are eleven (11) property owners
on eleven (11) parcels within five hundred (500) feet of this facility, with the
closest residence being approximately 0.5 miles to the south. Planning staff
has not received any telephone calls or correspondence concerning this
land use application. In the unlikely event operations cease at the Brahma
Compressor Station, Summit will remove the equipment and all of its
components, in accordance with Colorado Oil and Gas Conservation
Commission (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. Summit 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 not within a three (3) mile referral area of a
municipality and is within three (3) miles of Laramie County, Wyoming.
There were no comments received from Laramie County concerning this
land use application.
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 Flood Hazard Development, Geologic Hazard or Airport Overlay
Districts. Building Permits issued on the lot will be required to adhere to the
fee structure of the County -wide Road Impact Fee, County Facility Fee,
and Drainage Impact Fee Programs.
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 Subdivision Exemption parcel
created for the temporary use of the land for oil and gas support and service
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facilities, specifically the Summit Midstream Niobrara, LLC, Brahma
Compressor Station. The approximate 628 -acre area not impacted by the
compressor site, will continue as grazing and pasture lands for livestock,
with on -going oil and gas production activities and open pit mining for
sands, gravels, and stones. The proposed facility is sited on lands that are
designated as "High Potential Dryland - Prime if they become Irrigated," 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 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 Peters 313 Ranch, Inc., do Summit Midstream Niobrara,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0026, for
Mineral Resource Development Facilities including Oil and Gas Support and Service (three (3)
gas compressors and related equipment), up to five (5) temporary construction office trailers and
ten (10) temporary conex 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. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
C. The applicant shall submit a recorded copy of any agreement signed by all
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.
D. The applicant shall provide a Decommissioning Plan for the Compressor
Facility.
E. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR19-0026.
2) The attached Development Standards.
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3) The USR map shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) County Road 136.5 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
5) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
6) The applicant shall show and label the approved tracking control on
the site plan.
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 Detention,
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.
12) The applicant shall submit a Lighting Plan incorporating the Dark
Sky Policy to the Department of Planning Services for review and
approval.
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2. Prior to Construction
A. The approved access and tracking control shall be constructed prior to
on -site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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 Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The applicant shall be
responsible for paying the recording fee.
5. 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.
6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, COLORADO
ATTEST: dit444)JC,Leo;e1
Weld County Clerk to the Board
BY:
ounty Attorney
Date of signature: aVa-74q
rbara Kirkmeyer, Qhair
L
Mike Freeman, Pro-Tem
. James
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PETERS 313 RANCH, INC.,
C/O SUMMIT MIDSTREAM NIOBRARA, LLC
USR19-0026
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0026, is
for Mineral Resource Development Facilities including Oil and Gas Support and Service
(three (3) gas compressors and related equipment), up to five (5) temporary construction
office trailers and ten (10) temporary conex for use during the construction of the facility
in the A (Agricultural) Zone District, 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 pasture grass restoration shall be maintained.
7. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties, and incorporate the Dark Sky Policy. 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.
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 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.
10. 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.
11. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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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.
14. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
15. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
16. The historical flow patterns and runoff amounts on the site will be maintained.
17. Weld County is not responsible for the maintenance of on -site drainage related features.
18. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
19. 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.
20. 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.
21. 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.
22. 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 of the
Colorado Department of Public Health and Environment, as applicable.
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are onsite for less than
two (2) consecutive hours a day portable toilets and bottled water are acceptable. Records
of maintenance and proper disposal for portable toilets shall be retained on a quarterly
basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent
residential properties and public rights -of -way.
24. 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.
25. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
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containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition. All secondary containment will comply with the Colorado Oil and Gas
Conservation Commission (COGCC) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
26. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
27. 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.
28. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
29. 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.
30. 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.
31. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
32. 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.
33. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
34. 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.
35. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
36. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property with
24 -hour notice to the owner or operator 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.
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37. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
38. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
39. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and 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.
40. 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.
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