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Home My WebLink About20183794.tiff EXHIBIT A BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION (a3 R f • -ooio i RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Johnson, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER USR18-0061 APPLICANT ELEVATION MIDSTREAM. LLC PLANNER CHRIS GATHMAN REQUEST: 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 PRODUCED WATER, OIL AND GAS ALONG WITH A COMPRESSOR STATION FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION. LOT B REC EXEMPT RE-1306: PART NE4 SECTION 30, T1 N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION : SOUTH OF AND ADJACENT TO CR 6 AND WEST OF AND ADJACENT TO CR 15. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A. 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G.2 (A Policy 7.2) states: "Conversion of agricultural land to nonurban residential. commercial and industrial uses should be accommodated when the subject site is an area that can support such development, and should attempt to be compatible with the region. " The proposed facility is located on land delineated as "Prime (Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The application indicates that land on the site not covered by the facilities will be leased for farming. The proposed gathering facility and compressor station will encompass approximately 65 acres of the entire 152-acre property. Conditions of Approval and Development Standards (including a Landscape and Screening Plan, maximum noise standards, Lighting Plan, Emergency Action and Safety Plan) are attached to address impacts associated with the proposed use. Section 22-5-100 A (OG Goal 1 ) states: "Promote the reasonable and orderly exploration and development of oil and gas mineral resources. " The proposed facility will concentrate the collection of petroleum products and process water from multiple oil and gas wells within the vicinity of the proposed location. Section 22-2-20. 1 (A.Goal 9) states "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses. " Conditions of Approval and Development Standards (including a Landscape and Screening Plan, maximum noise standards, Lighting Plan, Emergency Action and Safety Plan) are attached to address impacts associated with the proposed use. 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. " An Emergency Action and Safety Plan and a Communication Plan are required to be submitted and implemented for this facility. RESOLUTION USR18-0061 ELEVATION MIDSTREAM, LLC PAGE 2 Section 22-2-20 15 (A Policy 9.5) states "Applications for a 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. " The applicant has had ongoing meetings and discussions with neighboring property owners to discuss/address impacts associated with this facility. The proposed use is in an area that can support this development and the proposed landscaping and screening, 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. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 delineates Oil and gas Support Facilities (including central gathering facilities and compressor stations) as a Use by Special Review in the A(Agricultural) Zone District. Section 23-3-10 - intent states "The A(Agricultural) Zone District is also intended to provide areas for the conduct of Use by Special Review which have been determined to be more intense or to have potentially greater impact than Uses Allowed by Right. " The facility location is based on proximity to existing oil and gas wells in the area. The attached Conditions of Approval and Development Standards (including a Landscape and Screening Plan. Communications Plan, maximum noise standards, Lighting Plan, Emergency Action and Safety Plan) will adequately address the impacts associated with the proposed use. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed gathering facility/compressor station is located on an agricultural parcel that has four (4) producing oil and gas wells in various locations on the property along with one (1 ) abandoned well and one (1 ) plugged and abandoned well. There are four (4) single family residences located immediately to the northwest, north and northeast of the property. Also, a residence is located across the street from the southeastern corner of the property. A Use by Special Review Permit for truck parking (USR-1669) is located to the northwest of the property. Two phone calls were received from a surrounding property owner who had some questions about the gathering facility and the location of the associated substation. The applicant has had several conversations and meetings with surrounding property owners regarding this application. One surrounding property owner complimented the applicant on their outreach and communication with the surrounding property owners regarding this land use request. Conditions of Approval and Development Standards (including a Landscape and Screening Plan. maximum noise standards, Lighting Plan, Emergency Action and Safety Plan) are attached to address impacts associated with the proposed use and will adequately address compatibility with the surrounding area. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable RESOLUTION USR18-0061 ELEVATION MIDSTREAM, LLC PAGE 3 code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral areas of the City and County of Broomfield, City of Dacono, Town of Erie and the City of Northglenn. The site is not located within a Cooperative Planning Agreement boundary of a municipality. The Town of Erie in their referral comments, dated 8/27/2018 indicated that they had concerns with traffic impacts at Interstate 25 and Erie Parkway (County Road 8) and requested to see any traffic impact study associated with this use. A traffic narrative was submitted with the application. A traffic impact study was not required because the traffic associated with this proposed use did not trigger a traffic study. The City of County of Broomfield, in their referral dated 11 /2/2018, stated that they have no comments at this time. The City of Northglenn, in their referral dated 8/2/2018, indicated no conflicts with their interests. No referral response has been received from the City of Dacono in regards to this case. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, 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 on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 152.84 acres delineated as "Prime (Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property is presently not irrigated. The application indicates that agricultural land outside of the footprint of the gathering facility and compressor station will be leased to a local farmer through contract agreement. 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. An Improvements and Road Maintenance Agreement is required for off-site improvements at RESOLUTION USR18-0061 ELEVATION MIDSTREAM. LLC PAGE 4 this location. Road maintenance includes. but is not limited to. dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral. and testing and approval of completed improvements. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required . (Department of Public Works) C. The applicant shall address the requirements of the Colorado Division of Water Resources. as stated in the referral response dated 8/14/2018. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall attempt to address the comments of the Town of Erie, as stated in the referral response dated 8/27/2018. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) E. A Landscape/Screening Plan to mitigate visual impacts shall be submitted to the Department of Planning Services for review and approval. The landscape and screening plan shall identify the size and type of trees and plantings. The height of the berms shall be identified. (Department of Planning Services) F. The applicant shall submit an updated Communication Plan shall be submitted to the Department of Planning Services for review and approval. The Communications Plan shall address ongoing communication processes with area property owners and reviewed annually with input from area property owners. (Department of Planning Services) G . The applicant shall submit an updated Lighting Plan to the Department of Planning Services for review and approval. The Lighting Plan shall address the ability to manually control (shut-off) lighting for those areas that are not in use. (Department of Planning Services) H . The applicant shall submit an updated Noise Abatement Plan shall be submitted to the Department of Planning Services and Department of Public Health and Environment for review and approval . The updated Noise Abatement Plan shall address the noise data obtained from the noise modeling report. (Department of Planning Services) I . A Decommissioning Plan shall be submitted to the Department of Planning Services for review and approval. (Department of Planning Services) J. An irrigation plan shall be provided to the Department of Planning Services delineating how the proposed landscaping for the facility will be irrigated. (Department of Planning Services) K. The plat shall be amended to delineate the following : 1 . All sheets of the map shall be labeled USR18-0061 . (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. ( Department of Planning Services) RESOLUTION USR18-0061 ELEVATION MIDSTREAM, LLC PAGE 5 6. The map shall delineate the lighting which shall adhere to the Weld County Code and the dark sky policy. (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. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 9. County Road 15 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. (Department of Public Works) 10. County Road 6 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of- way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 11 . 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) 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) 13. The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No-Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 14. The applicant shall show the drainage flow arrows. (Department of Public Works) 15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 16. 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 map shall be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar map and additional requirements shall be submitted within 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 added for each additional three (3) month period. (Department of Planning Services) RESOLUTION USR18-0061 ELEVATION MIDSTREAM. LLC PAGE 6 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(o�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) 6. Prior to Operation. A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator. the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 7. Prior to the issuance of the Certificate of Occupancy. A. An on-site waste-water treatment system is required for the proposed facility and shall be installed according to the Weld County On-site Waste-water Treatment System Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County On-site Waste-water Treatment System Regulations, (Department of Public Health and Environment) drinking and sanitary purposes. (Department of Public Health and C . Documentation showing the facility has an approved Design and Operations plan approved by the Colorado Oil and Gas Commission (COGCC ) . (Department of Public Health and Environment) 8. 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) RESOLUTION USR18-0061 ELEVATION MIDSTREAM. LLC PAGE 7 Motion seconded by Skip Holland. VOTE: For Passage Against Passage Absent Bruce Johnson Bruce Sparrow Michael Wades Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland 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 , Michelle Wall . 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 November 20, 2018. Dated the 20th of November, 2018 Michelle Wall Secretary RESOLUTION USR18-0061 ELEVATION MIDSTREAM LLC PAGE 8 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Elevation Midstream , LLC USR18-0061 1 . 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 produced water. oil and gas. including a Centralized Exploration & Production (E&P) Waste Management facility for produced water along with a compressor station facility) in the A (Agricultural) Zone District) in the A (Agricultural) Zone District. (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. as stated in the application materials. (Department of Planning Services) 4. The maximum number of on-site employees will be ( 5). as stated in the application materials. (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 Landscaping/Screening Plan. (Department of Planning Services) 8. The operator shall comply with the approved Communication Plan. (Department of Planning Services) 9. The operator shall comply with the approved Lighting Plan. (Department of Planning Services) 10. The operator shall maintain compliance with the approved Noise Abatement Plan . (Department of Planning Services) 11 . The operator shall maintain compliance with the approved Decommissioning Plan. (Department of Planning Services) 12. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties and incorporate Dark Sky Standards. 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) 13. 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. (Department of Planning Services) 14. 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) RESOLUTION USR18-0061 ELEVATION MIDSTREAM . LLC PAGE 9 15. 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) 16. 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) 17. 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) 18. 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) 19. 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) 20. 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) 21 . 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) 22 . 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 manufacturers recommendations. ( Department of Public Health and Environment) 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 Rules and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 24. 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) 25. 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) 26. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) RESOLUTION USR18-0061 ELEVATION MIDSTREAM. LLC PAGE 10 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. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission. and the Environmental Protection Agency. (Department of Public Health and Environment) 30. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25- 12-103 C. R. S. (Department of Public Health and Environment) 31 . The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 32. 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) 33. 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) 34. The property owner shall control noxious weeds on the site. (Department of Public Works) 35. 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) 36. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Department of Public Works) 37. 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) 38. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (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 . Building permits may be required. per Section 29-3-10 of the Weld County Code. Currently. the following have been adopted by Weld County 2012 International Codes. 2006 International Energy Code and 2017 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 42 . The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 43. 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. (Department of Planning Services) RESOLUTION USR18-0061 ELEVATION MIDSTREAM, LLC PAGE 11 44. 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. (Department of Planning Services) 45. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 46. 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. 47. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms. those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields. including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S. , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County. and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not RESOLUTION USR18-0061 ELEVATION MIDSTREAM . LLC PAGE 12 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. P(" /T/nt {4e ≥ EXHIBIT ii/X / 3-C)) 2 #13 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Li g ) -co . Tuesday, November 20, 2018 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building , Hearing Room, 1150 O Street. Greeley, Colorado. This meeting was called to order by Chair, Michael Wailes, at 12: 30 pm. Roll Call. Present: Michael Wailes, Bruce Sparrow, Bruce Johnson , Tom Cope, Lonnie Ford, Richard Beck. Absent: Gene Stille, Elijah Hatch Roll Call. Present: Bruce Sparrow, Lonnie Ford , Bruce Johnson, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Absent: Elijah Hatch , Gene Stifle, Skip Holland . Also Present: Kim Ogle, Chris Gathman. Michael Hall, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Bob Choate. County Attorney. and Michelle Wall . Secretary. Motion : Approve the November 6. 2018 Weld County Planning Commission minutes, Moved by Bruce Sparrow, Seconded by Tom Cope. Motion passed unanimously. Commissioner Skip Holland joined the Planning Commission hearing at 1 :22 p. m. CASE NUMBER: USR18-0061 APPLICANT: ELEVATION MIDSTREAM, LLC PLANNER: CHRIS GATHMAN REQUEST: 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 PRODUCED WATER, OIL AND GAS ALONG WITH A COMPRESSOR STATION FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION : LOT B REC EXEMPT RE-1306; PART NE4 SECTION 30, T1 N, R67W OF THE 6TH P. M. , WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO CR 6 AND WEST OF AND ADJACENT TO CR 15. Chris Gathman, Planning Services, presented Case USR18-0061 , reading the recommendation and comments into the record. Staff received two phone calls and two letters from surrounding property owners. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. This facility is proposed to be served by a substation and transmission line connection. This is being applied for under a separate non-1041 USR (USR18-0109) that is scheduled to be heard by the Planning Commission on 12/4/2018. Commissioner Johnson asked if what was coming in was going to be by pipeline rather than truck. Mr. Gathman said the facility will connect to a 12-inch oil pipeline, a 24-inch low pressure natural gas pipeline and a 6-inch waste water pipeline. Commissioner Cope abstained from the case because he has been involved with the project. Evan Pinkham. Public Works, reported on the existing traffic. access to the site and drainage conditions for the site. Ben Frissell. Environmental Health. reviewed the public water and sanitary sewer requirements, on-site dust control. and the Waste Handling Plan. Environmental Health is requesting that Condition of Approval 7. B. be removed because the applicant has provided a commercial well permit. Matthew Eyser, Director of Engineering with Elevation Midstream, 370 17' Street Suite 5300, Denver. Colorado. Mr. Eyser said the facility is a closed-loop central gathering facility where all products are piped into and out of the facility with minimal oil or water haul trucks. Elevation Midstream focuses on safety. emissions. noise. light, visual, traffic and dust. Mr. Eyser explained that the control room and compressor building are designed to look like agriculture buildings to blend with the area. Electric compression and equipment will be used to reduce noise and emissions. Trees and berms are planned as landscaping next to the tanks. Andrew Truitt. 9536 East 1-25 Frontage Road, Longmont. Colorado. Mr. Truitt stated he is a Senior Engineer for Behrens and Associates, Environmental Noise Control. He explained he has been contracted to provide acoustical engineering support for this project. Mr. Truitt shared sound measurement results for modeling scenarios and said noise standards will be in compliance with Weld County Code. Commissioner Ford asked Mr. Truitt how they will handle the situation of the ambient noise levels being above the Weld County Noise Limit. Mr. Truitt explained that Weld County does not have a specific allowance for ambient noise levels so if the elevations were so inclined. they could pursue a variance or provide a formal acknowledgement that the code limits are already exceeded with the consequence that is there. Matthew Eyser explained the truck route planned for construction will be on paved roads. Mr. Eyser said they plan to mitigate dust issues. Mr. Eyser shared a visual presentation of how the views will look driving by the facility. Commissioner Holland asked Mr. Eyser if there are any security or safety requirements imposed by either the State or Federal Government on a facility like this. Mr. Eyser answered that there is not for security but there is for safety. Since the facility is a Process Safety Management facility it must comply with OSHA. The site is manned 24/7, there are security fences around the property. cameras are recording and being monitored remotely. Commissioner Holland asked if any explosive chemicals used on the site. Mr. Eyser replied oil is flammable but nothing explosive is used on site. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Hazel and Larry Frank, 1596 County Road 15, Brighton , Colorado. Ms. Frank handed Assistant County Attorney Choate and the Planning Commission a handout showing views from their property. Ms. Frank is upset that a compressor station. central gathering facility and electric substation will be across the road from their home. She said she does not feel this is compatible with their neighborhood and the rural area. Ms. Frank stated that she doesn't have an issue with the central gathering facility; Her issue is with the substation because it has been relocated on the plans closer to their home and it has quadrupled in size. Ms. Frank said Elevation Midstream has been good to work with and have been trying to mitigate. She said they appreciate that the buildings will look like farm buildings. She said she would like the Planning Commission to require a wall and trees to help mitigation measures to soften the look. Ms. Frank also wants a berm on the east side of the compressor station. She said she would like the noise measured after both Phase 1 and Phase 2 are completed. Mr. Frank said they went to a power station in Erie and there was a stone wall that blocked the noise. He said that kind of a wall really worked and would like to see this kind of wall put around this facility. She is concerned about the effect of this on her property value and requested that the County please not Mag Chloride County Road 15. Bill Wycoff, 333 County Road 17, Colorado. Mr. Wycoff said the change from Agriculture zoning to 1-3 Industrial zoning is a major change. He does not feel it is compatible with the surrounding area. There are some industrial sites a mile west and Mr. Wycoff feels this facility would work better in that area. He said this gives a negative impact on surrounding property values. Mr. Wycoff shared his concern about hazardous air pollution including benzene. He is concerned about benzene settling into the floodplain area. Mr. Wycoff is concerned about safety and would like to know if there are evacuation plans for the area in case of an emergency. Mr. Eyser addressed the concern about air quality. He said that they always permit for the worst-case scenario. Mr. Eyser explained that the benzene will be captured and put back into the gas stream. Chair Wailes asked about the substation. Mr. Eyser explained the substation is a separate USR. Commissioner Johnson asked the applicant if they would consider an alternative site in an industrial area. Mr. Eyser explained there are a lot of pipelines already in the ground in that area. Chair Wailes asked Mr. Eyser about cooling the compressor by having doors open. Mr. Eyser explained they will have roll-up doors for equipment access into the compressor building . The buildings are insulated. Commissioner Beck asked the applicant how often the doors will be open. Mr. Eyser replied that it is based per machine (after the machine runs about 1 ,500 hours) which is approximately once a year. The door would be open for approximately 8 — 12 hours for maintenance Commissioner Holland said he had a few questions relative to the air quality issue. He asked what the monitoring and recording requirements are at operating facility. Mr. Eyser explained that per the CDPHE, they are required to have meters at all combustion units and they have to pull total data for a mass balance making sure there are no leaks. They have FLIR cameras looking at all connection points such as flanges, bolts, etc. . . Commissioner Holland asked Mr. Eyser if there is a penalty if there is failure on the equipment. Mr. Eyser said he did not know. Commissioner Holland asked the applicant if they have looked at alternative sites that would be in a more compatible area. Mr. Eyser said they did. They found this property was close to other industrial areas such as the cement plant and proposed USR for truck parking and storage lots. Mr. Eyser said this particular property was the largest, contiguous piece of property they could find that would fit their project. Commissioner Holland asked Mr. Eyser if they have thought about excavating the property and lowering the site to help with visual and sound issues. Mr. Eyser explained they have discussed this option with the Franks and they have concluded it will be better to leave it as it is. Commissioner Johnson said he thinks this location makes less of an impact then it could somewhere else because there are not many homes in the area. Motion : Remove Condition of Approval 7. B. per staff request. Moved by Bruce Sparrow. Seconded by Bruce Johnson . Motion passed unanimously. The applicant said he has questions about the Improvement and Road Maintenance Agreement and the requirements. Mr. Pinkham responded the agreements are mainly for the construction period and would involve any road maintenance or damage to County Roads. Outside Council for Elevation Midstream had more questions about the Impact Study. Assistant County Attorney Choate recommended outside council bring this up in front of the Board of County Commissioners since Improvement Agreements go before them. Mr. Pinkham told the outside council for Elevation Midstream that he would be happy to supply them with a draft agreement for their review. The Chair asked the applicant if they have read through the Development Standards and the amended Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion : Forward Case USR18-0061 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Bruce Johnson. Seconded by Skip Holland. Commissioner Johnson stated he agrees with staff recommendation. He feels the company did an excellent job of mitigation and making their site compatible with the area. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland. Absent: Elijah Hatch. Gene Stifle. Tom Cope. Chair Wailes commended the neighbors for their involvement in the project and for the mitigation between them and Elevation Midstream. Meeting adjourned at 5: 19 p. m. 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