HomeMy WebLinkAbout20183417.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0084, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE, INCLUDING LIQUID CAPTURE
FACILITY TO CAPTURE AND STABILIZE DRIP CONDENSATE AND RELATED
EQUIPMENT, A PERMANENT LAYDOWN STORAGE YARD, UP TO FIVE (5)
CONSTRUCTION OFFICE TRAILERS AND EIGHT (8) CONEX CONTAINERS FOR
USE DURING CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL)ZONE
DISTRICT - OGG&S, LLC, AND THE STROH FAMILY TRUST, C/O JAY STROH,
TRUSTEE, C/O GREEN RIVER DEVCO, LP
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 31st day of
October, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of OGG&S, LLC, 1004 Richmond Rd., Edmond, Oklahoma 73034, and The Stroh
Family Trust, do Jay Stroh, Trustee, 10815 Roundelay Circle, Sun City, Arizona 85351, do Green
River DevCo, LP, 1625 Broadway, Suite 2200, Denver, Colorado 80202, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0084, for Mineral Resource
Development Facilities including Oil and Gas Support and Service, including Liquid Capture
Facility to capture and stabilize drip condensate and related equipment, a permanent laydown
storage yard, up to five (5) construction office trailers and eight(8) conex containers for use during
construction of the facility in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Subdivision Exemption, SUBX18-0029, being part of
the NE1/4 of Section 12, Township 3 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Pam Hora, Tetra Tech,
1900 South Sunset Street, Longmont, CO, 80501 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:
c.c. PLC Ko(TP),PWC EP), r_.K(BF), CC.CF44), 2018-3417
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SPECIAL REVIEW PERMIT (USR18-0084) - OGG&S, LLC, AND THE STROH FAMILY TRUST,
CIO JAY STROH, TRUSTEE, CIO GREEN RIVER DEVCO, LP
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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. Section
22-5-100.A (OG.Goal 1) states: "Promote the reasonable and orderly
exploration and development of oil and gas mineral resources." Green
River DevCo (Green River) is a business that is in the midstream segment
of the natural gas industry. As part of its business, Green River gathers
natural gas via pipelines for processing. In Weld County, Green River
operates an extensive network of gathering 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 capacity has
expanded in order to meet the growing production. To meets these needs,
Green River is proposing the Liquid Capture Facility necessitated by the
need to capture drip condensate that accumulates in the low spots of the
pipelines which are periodically cleared using pigs. The facility is located
along the alignment of some natural gas pipelines permitted by Green River
DevCo on a parcel of land that is being used by other oil and gas
companies for oil and gas development purposes. The proposed facility will
be sited on private property owned by the Stroh Family Trust and OGG&S,
LLC. 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.B.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, (Liquid Capture Facility to capture and stabilize drip
condensate and related equipment) 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 District regulations
are established to promote the health, safety and general welfare of the
present and future residents of the County.
C. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is generally flat with
a slight slope to the south. This land and surrounding lands in each
direction are utilized as grazing lands for livestock and are in native grasses
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with numerous oil and gas facilities, well heads and tank batteries present
in each direction. There are fifteen (15) property owners on 22 parcels
within five hundred feet of this facility, with the several residences being to
the south of the property line adjacent to County Road 34.5, with one
residence located to the northeast and east of County Road 49. Staff has
received no letters, telephone calls or electronic mail from interested
parties. Green River mailed a letter on July 16, 2018, to all neighbors within
500 feet of the half-section of land on which the facility is proposed. The
letter included a description of the project and a map to illustrate the
location of the project. Green River asked that the neighbors contact them
if they have any questions or concerns about the application. Green River's
goal will be to identify any concerns that neighbors have, and to work with
them to try and find a way to address the concerns ahead of time so that
the neighbors feel comfortable with the proposed facility. No
correspondence has been received.
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-mile referral area of a
municipality.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not within a
recognized overlay district, including the Geologic Hazard, Flood Hazard
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 10.0-acre area of a large parcel
for the compressor site. Ongoing agricultural production will continue on
lands not impacted by this proposed facility. The proposed facility is sited
on lands that are designated as "Other Land" on the Important Farmlands
of Weld County map, dated 1979.
G. Section 23-2-230.B.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 OGG&S, LLC, and The Stroh Family Trust, do Jay Stroh,
Trustee, c/o Green River DevCo, LP, for a Site Specific Development Plan and Use by Special
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Review Permit, USR18-0084, for Mineral Resource Development Facilities including Oil and Gas
Support and Service, including Liquid Capture Facility to capture and stabilize drip condensate
and related equipment, a permanent laydown storage yard, up to five (5) construction office
trailers and eight (8) conex containers for use during 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. 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 during construction.
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
of the owners of the property crossed by the access. The access shall be
for ingress, egress, utilities and shall be referenced on the USR map by the
Weld County Clerk and Recorder's Reception number.
D. The applicant shall complete the Conditions of Approval and submit the
map for Subdivision Exemption, SUBX18-0029, to the Department of
Planning Services for recording.
E. The applicant shall develop and submit a Visual Mitigation Screening Plan
from County Road 49 to the Department of Planning Services for review
and approval.
F. The applicant shall develop and submit a Noise Mitigation Plan to the
Department of Planning Services for review and approval.
G. The applicant shall develop and submit a Lighting Plan in accordance with
the Weld County Code.
H. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR18-0084.
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.
4) Show the approved Visual Mitigation, Landscape and Screening
Plan.
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5) County Road 34.5 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
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.
6) The applicant shall 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.
7) The applicant shall show and label the approved tracking control on
the site plan.
8) 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.
9) The applicant shall show and label a 30ft minimum access
easement to provide legal access to the parcel on the site plan.
10) 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.
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.
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.
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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 the Department of Planning Services. 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. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
6. 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 USR
map is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD.COUNTY, COLORADO
ATTEST: jdeo• -z
datilvo
� St- e Moreno, Chair
Weld County Clerk to the Board
arbara Kirkmeyer ' o-Tem
BY:
Deputy Cle r to the Board
n P. Conway
AP' '.V da AST• s tnso �•`^��f ��� �' �
A. 'ozad
ounty A t:rney
Mike Freeman
Date of signature: 12/7/18
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
OGG&S, LLC, AND THE STROH FAMILY TRUST,
C/O JAY STROH, TRUSTEE,
C/O GREEN RIVER DEVCO, LP
USR18-0084
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0084, is for
Mineral Resource Development Facilities including Oil and Gas Support and Service
including Liquid Capture Facility to capture and stabilize drip condensate and related
equipment, a permanent laydown storage yard, up to five (5) construction office trailers
and eight (8) conex containers 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. Unless there is an
emergency, employees will generally visit the site between the hours of 7:00 a.m. to 5:00
p.m.
5. 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.
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. The operator shall maintain signage with current points of
contact, including name and phone number
7. The visual mitigation screening on the site shall be maintained in accordance with the
approved Visual Mitigation Screening Plan.
8. The approved Noise Mitigation Plan shall be maintained.
9. The approved Communications Plan shall be maintained
10. The approved Lighting Plan shall be maintained in accordance with the Weld County
Code.
11. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
12. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
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13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
14. 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.
15. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
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. § 30-20-100.5) 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.
24. All potentially hazardous chemicals on the site must be handled in a safe manner, in
accordance with product labeling. All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations.
25. 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
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good condition. All secondary containment will comply with the Colorado Oil and Gas
Conservation Commission (COGCC) Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
26. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
27. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
28. 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.
29. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone at the nearest existing residence to the facility, as delineated in C.R.S.
§25-12-103
30. 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.
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. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties and incorporate a Dark Sky Standard for the facility. 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.
35. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County-wide Road Impact Fee, County Facility Fee and Drainage Impact Fee
Programs.
36. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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37. 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.
38. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
39. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
40. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
42. 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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