HomeMy WebLinkAbout20181498.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0018, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE (TWO (2) GAS COMPRESSORS
ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A
PIPELINE FOR TRANSPORT TO MARKET) AND ONE (1) 100 -FOOT IN HEIGHT
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT - NCWYO
ASSETS, LLC, C/O DCP OPERATING COMPANY, 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 23rd day of
May, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of NCWYO Assets, LLC, 1625 Broadway, Suite 2200, Denver, CO 80202, c/o DCP
Operating Company, LP, 3026 4th Avenue, Greeley, CO 80631, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0018, for Mineral Resource Development
Facilities including Oil and Gas Support and Service (two (2) gas compressors associated with
gas processing or which compress gas to enter a pipeline for transport to market) and one (1)
100 -foot in height Communications Tower in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX18-0001; being part of
the NE1/4 of Section 2, Township 6 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Patrick Groom,
of Witwer, Oldenburg, Barry & Groom, LLP, 822 7th Street, Suite 760, Greeley, CO 80631, 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.
Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable and
orderly exploration and development of oil and gas mineral resources."
DCP is a business that is in the midstream segment of the natural gas
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industry. As part of its business, DCP Midstream, LP, gathers natural gas
from wellheads, performs gas processing, and transmits final products to
customers via pipelines. In Weld County, DCP operates an extensive
network of gathering pipelines as well as seven gas processing plants. The
DJ Basin area has seen rapid expansion as new drilling technologies are
allowing more oil and gas to be produced. As a result, gas gathering and
processing capacity needs to be expanded in order to meet the growing
production. To meet these needs, DCP is proposing the Northstar
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. Further, this need is based
on new technology for uncovering natural gas discoveries and the ability of
the DJ Basin to expand based on these new technologies. The proposed
compressor will be sited on private property owned by NCWYO Assets
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 and Section 23-3-40.K allows one (1) or more microwave,
radio, television or other communication transmission or relay tower over
seventy (70) feet in height per Lot as a Use by Special Review in the
A (Agricultural) Zone District. By locating the facility on a subdivision
exemption lot covering a small portion of the larger lot, the remaining
acreage can continue to be used for agricultural purposes.
C. Section 23-2-230.B.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
with numerous oil and gas facilities, well heads and tank batteries present
in each direction. There are seven (7) property owners on 12 parcels within
five hundred feet of this facility, with a residence being to the south of the
property. DCP proposes to construct a radio -communications tower up to
100 feet in height at the Milton Compressor Station site. DCP designs and
constructs such towers at each of its facilities to allow for remote monitoring
and control of the facilities and to allow for the transmission of a reliable
signal. According to the application, telecommunication antenna towers
within a 10 -mile radius of the site are not suitable for co -location. In
addition, due to safety concerns, DCP does not co -locate its transmitters
on third -party towers. Because the transmitters are utilized to remotely
control the compression and processing of natural gas and other
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hazardous materials, DCP requires that only DCP personnel be permitted
access to its towers and transmitters to prevent intentional or accidental
disruption of communication services. Staff has received one electronic
mail from an adjacent property owner to the south with concerns of
proximity, noise and traffic and one telephone call from an adjacent
neighbor who had concerns with over lot drainage moving across the
NCWYO Assets LLC, property, topping the County road and flowing onto
his property to the east. Locating the facility within the interior of the larger
parcel provides an additional buffer to surrounding properties and uses that
enhances visual and noise screening. The Board further reviewed the
noise modeling map provided by the applicant, which clearly demonstrates
that the facility will be able to meet the noise restrictions described in the
development standards.
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.
E. Section 23-2-230.B.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 16.02 -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 "Irrigated Land, Not Prime" 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 NCWYO Assets, LLC, c/o DCP Operating Company,
LP, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0018, for
Mineral Resource Development Facilities including Oil and Gas Support and Service (two (2) gas
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compressors associated with gas processing or which compress gas to enter a pipeline for
transport to market) and one (1) 100 -foot in height Communications Tower 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. An Improvements and Road Maintenance Agreement during construction
is required for off -site improvements 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 complete the Conditions of Approval and submit
evidence of recordation for Subdivision Exemption, SUBX18-0001, to the
Department of Planning Services.
D. The applicant shall develop a Visual Mitigation and Screening Plan for
review and approval by the Department of Planning Services.
E. The applicant shall develop and submit a Noise Mitigation Plan to the
Department of Planning Services for review and approval.
F. The applicant shall develop and submit a Communications 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 for review and approval by the Department of
Planning Services.
H. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR18-0018.
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) County Road 74 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks
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shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
5) County Road 47 is a gravel road and is designated on the Weld
County Functional Classification Map as an arterial road which
requires 140 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 the right-of-way. This road is
maintained by Weld County.
6) 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) 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) If applicable, 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
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
10) 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 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. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
6. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the 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.
7. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datiteti j JLtD%ok.
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
APP: = •r D AS
ounty A orney
Date of signature: 07-1/-a
Stye Moreno, Chair
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NCWYO ASSETS, LLC
C/O DCP OPERATING COMPANY, LP
USR18-0018
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0018, is
for Mineral Resource Development Facilities including Oil and Gas Support and Service
(two (2) gas compressors associated with gas processing or which compress gas to enter
a pipeline for transport to market) and one (1) 100 -foot in height Communications Tower 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. 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.
4. The improvements on the site shall be maintained in accordance with the approved Visual
Mitigation and Screening Plan.
5. The approved Noise Mitigation Plan shall be maintained.
6. The approved Communications Plan shall be maintained.
7. The approved Lighting Plan shall be maintained in accordance with the Weld County Code.
8. The approved Decommissioning Plan for the facility shall be maintained.
9. Co -location of other antennas by other service providers shall be allowed, pursuant to the
applicant's safety protocols.
10. Upon termination of the use of the communication antenna tower, the equipment shelter,
antenna structure, and any associated equipment shall be removed and the premises
restored to its original condition according to the Decommissioning Plan.
11. The 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 shal be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
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.
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15. The property owner shall comply with all requirements provided in the executed
Improvements 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 on -site 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 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 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.
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26. 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.
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 of 55 decibels, 24 hours
per day, as measured from the property boundary of the larger parcel upon which the
Subdivision Exemption leasehold is located.
30. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Water Quality Control Division of the Colorado Department of Public Health and
Environment (CDPHE), if applicable.
31. 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.
32. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
33. 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.
34. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
35. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light
from any light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
36. This is an unmanned facility.
37. No outside storage is allowed.
38. 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.
39. The facility will operate 24 hours per day, 365 days per year.
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40. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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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