HomeMy WebLinkAbout20181933.tiffRESOLUTION
RE' APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0019, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS SUPPORT AND SERVICE (CRYOGENIC NATURAL GAS PROCESSING
FACILITY); TWO (2) 24 -INCH AND ONE (1) 16 -INCH NATURAL GAS PIPELINES TO
BE LOCATED ON THE PROPERTY; AN ON -SITE SWITCHING STATION/
SUBSTATION AND A 150 -FOOT COMMUNICATIONS TOWER IN THE
A (AGRICULTURAL) ZONE DISTRICT - ANADARKO E&P ONSHORE, LLC, C/O
KERR-MCGEE GATHERING, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 27th day of
June, 2018, at the hour of 10 00 a m , in the Chambers of the Board, for the purpose of hearing
the application of Anadarko E&P Onshore, LLC, do Kerr-McGee Gathering, LLC, 1099 18th St ,
Suite 1800, Denver, CO 80202, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0019, for Mineral Resource Development Facilities, Oil and Gas Support and
Service (cryogenic natural gas processing facility), two (2) 24 -inch and one (1) 16 -inch natural
gas pipelines to be located on the property, an on -site switching station/substation and a 150 -foot
communications tower in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows
Lot B of Recorded Exemption, RECX13-0096, being
part of the N1/2 of Section 2, Township 3 North,
Range 66 West of the 6th P M , Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons
1 The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code
2 It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230 B of the Weld County Code as follows
A Section 23-2-230 B 1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect
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1) Section 22-2-20 G2 (A Policy 7 2) states "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region "The majority of the proposed facility will
be located on land delineated as "Other," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map
No Prime Irrigated farmland will be taken out of production
Conditions of Approval and Development Standards (including a
Landscape and Screening Plan, Communications Plan, maximum
noise standards, Lighting Plan, Emergency Action and Safety Plan)
are attached to address impacts associated with the proposed use
2) 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 gas plant facility is for Kerr-McGee
Gathering, LLC, a subsidiary of Anadarko Petroleum Corporation
Both entities operate nearly 5,000 wells in Weld County
3) Section 22-2-20 I (A Goal 9) states "Reduce potential conflicts
between varying land uses in the conversion of traditional
agncultural lands to other land uses " Conditions of Approval and
Development Standards (including a Landscape and Screening
Plan, Communications Plan, maximum noise standards, Lighting
Plan, Emergency Action and Safety Plan) are attached to address
impacts associated with the proposed use Additionally, no "Prime"
irrigated farmland is being taken out of production
4) Section 22-2-2015 (A Policy 9 5) states "Applications for a change
of land use in the agncultural 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 with neighboring
property owners to discuss/address impacts associated with the
proposed gas plant facility The proposed use is in an area that can
support this development and the existing screening, Conditions of
Approval and Development Standards 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 23-2-230 B 2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District
1) Section 23-3-40 A2 delineates Oil and Gas Support Facilities
(including gas processing plants) as a Use by Special Review and
one (1) or more microwave, radio, television or other communication
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transmission or relay tower over seventy (70) feet in height as a Use
by Special Review in the A (Agricultural) Zone District
2) Section 23-3-10 — Intent states "The A (Agncultural) Zone Distnct 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 facility
location is based on proximity to existing oil and gas pipelines and
infrastructure 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 23-2-230 B 3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses The proposed facility is to be
located approximately 600-700 feet (at its nearest point) to the south of the
nearest residential parcels adjacent to this site Five (5) rural residential
lots are located in this area Additionally, a couple of residences are located
approximately 4,200 feet to the east of the site The parcel slopes to the
south and east where the proposed gas plant is to be located Properties
to the west and south of this sloped area will be partially screened by the
slope The DCP Mewbourn Gas Plant (approved under 5MJUSR16-83-
542) is located to the northeast of the plant site (north of and adjacent to
County Road 35 and west of and adjacent to County Road 38 A confined
animal feeding operation is located to the west of the property One e-mail
objecting to the application has been received The letter mentions
concerns with the amount of oil and gas facilities in the area (including the
Mewbourn plant) and the increased amount/concentration of noise and air
pollution in the area created by this gas plant The applicant has submitted
a Lighting Plan and Noise Abatement Plan The applicant is proposing an
essential lighting system (a lower level of illumination for areas that need
to be lit on an ongoing basis) Additionally, a demand lighting system is
proposed for increased illumination for areas requiring nighttime work
activities as required On -demand lighting will be only used when needed
The applicant is proposing a 25 -foot high sound wall around the gas plant
facility to assist in noise mitigation and lighting mitigation, as well as assist
in screening the site from adjacent properties The applicant is also
proposing electrically driven compressors and enclosing the compressors
inside insulated metal buildings The required air permits will have to be
obtained from the Colorado Department of Public Health and Environment
for this facility The applicant has had ongoing community meetings (a total
of seven (7) meetings since November 14, 2017) with property owners in
the area and continues to have ongoing dialog to address impacts
associated with the proposed use The attached Conditions of Approval
(noise standards, Landscaping/Screening Plan, limits on flaring, ongoing
communication requirements with surrounding property owners) will
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adequately address compatibility with the surrounding area The applicant
held seven (7) community meetings and proposed mitigations according to
community input to include implementing the Dark Sky standard for lighting
mitigation, installing additional landscaping and constructing a 25 -foot
sound wall to match the surrounding color scheme for visual mitigation,
installing electric compressors and utilizing insulated buildings to house
equipment and adopting a residential noise standard for noise mitigation,
creating a Communication Plan and scheduling quarterly meetings with the
surrounding property owners, and designating haul routes and dust
abatement routes during construction as suggested by the community
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 located within the three (3) mile referral area of
the Town of Gilcrest No referral response has been received from the
Town of Gilcrest regarding this case
E Section 23-2-230 B 5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code The site is not located within
an overlay district Building Permits issued on the lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee and Drainage Impact Fee Programs
F Section 23-2-230 B 6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use The proposed facility is located on approximately 240 93 acres
delineated as "Other" and "Prime, if Irrigated," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map The Plant
site is located on approximately 61 6 acres in the eastern half of the
property The proposed gas plant facility is located mostly in the western
half of the property with a small area located in the area delineated as
"Prime if Irrigated"
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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County
3 In addition to the gas plant and communication tower component, two (2) 24 -inch
and one (1) 16 -inch high pressure gas pipelines are proposed to be located on the
same property as the gas processing plant and a part of USR18-0019 Gas
pipelines are subject to the following standards It is the opinion of the Board of
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County Commissioners that the applicant has shown compliance with
Section 23-2-490 of the Weld County Code as follows
A Section 23-2-490 A — All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands The pipeline is on a property owned by Anadarko (the applicant)
There is no irrigated cropland on the site One pipeline will be located on
the western portion of the property (located outside of the "prime, if
irrigated" portion of the property, per the Important Farmlands of Weld
County Map) and the other two pipelines will cross the "prime, if irrigated"
portion of the site adjacent to the southern property line to minimize impacts
to agricultural production should it occur in the future
B Section 23-2-490 B — The pipeline will not have an undue adverse effect
on existing and future development of the surrounding area, as set forth in
applicable Master Plans The site is located within the three (3) mile referral
area of the Town of Gilcrest No referral response has been received from
the Town of Gilcrest regarding this case
C Section 23-2-490 C — The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible
The pipelines will be located entirely on the same property as the proposed
gas plant No additional properties will be crossed by the pipelines
D Section 23-2-490 D - The site shall be maintained in such a manner so as
to control soil erosion, dust and the growth of noxious weeds The
application indicates that the pipeline sites will be maintained to prevent
soil erosion, control dust and the growth of noxious weeds Kerr-McGee
Gathering has a water pipeline on location to be used to employ water
trucks to spray nearby roads and pipeline corridors during pipeline
construction The impacted area will be stabilized by reseeding and, if
necessary, installing permanent erosion controls after final grading
E Section 23-2-490 E -- The applicant has agreed to implement any
reasonable measures deemed necessary by the Board of County
Commissioners to ensure that the health, safety and welfare of the
inhabitants of the County will be protected, and to mitigate or minimize any
potential adverse impacts from the proposed pipeline
F Section 23-2-490 F —All reasonable alternatives to the proposal have been
adequately assessed, and the proposed action is consistent with the best
interests of the people of the County and represents a balanced use of
resources in the affected area The proposed pipelines are located on the
same property as the proposed gas plant The pipeline locations minimize
impact to "Prime, if Irrigated" farm ground No additional alternatives are
proposed, as the pipelines will not cross any additional parcels outside the
parcel owned by Anadarko
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G Section 23-2-490 G — The nature and location or expansion of the pipeline
will not unreasonably interfere with any significant wildlife habitat and will
not unreasonably affect any endangered wildlife species, unique natural
resource, known historic landmark or archaeological site within the affected
area No referral response has been received from History Colorado
Colorado Parks and Wildlife indicated no conflicts with their interests in the
referral, dated March 22, 2018
H Section 23-2-490 H — No adverse impact, from stormwater runoff, to the
public rights -of -way and/or surrounding properties as a result of the
pipeline A Storm Water Management Plan (SWMP) will be implemented
to control soil erosion during construction 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 the
health, safety, and welfare of the inhabitants of the neighborhood and
County The facility is regulated by the Environmental Protection Agency
(EPA) and the Colorado Department of Public Health and Environment
(CDPHE) by the issuance of air permits, emissions reporting, and Spill
Control and Countermeasure (SPCC) plans, and by the County
requirement to provide notification of any revocation/suspension of state or
federal issued permits, or compliance advisories that address health, safety
and welfare
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Anadarko E&P Onshore, LLC, c/o Kerr-McGee
Gathering, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0019, for Mineral Resource Development Facilities, Oil and Gas Support and Service
(cryogenic natural gas processing facility), two (2) 24 -inch and one (1) 16 -inch natural gas
pipelines to be located on the property, an on -site switching station/substation and a 150 -foot
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 plat
A An Improvements and Road Maintenance Agreement is required for the
haul route during construction Road maintenance includes, but is not
limited to, dust control (on CR 35 from the intersection of CRs 32/35 to the
intersection of CRs 35/38) 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
B A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required
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C A Landscape/Screening Plan to mitigate visual impacts shall be submitted
to the Department of Planning Services for review and approval The Plan
shall include a 25 -foot engineered sound and screening wall around the
facility
D A Lighting Plan, which includes meeting Dark Sky standards, that meets
the requirements of Section 23-9-40 of the Weld County Code shall be
submitted for review and approval by the Department of Planning Services
E A Noise Mitigation Plan shall be submitted to the Department of Planning
Services for review and approval
F A Communications Plan shall be submitted to the Department of Planning
Services The Communications Plan shall address ongoing communication
processes with area property owners, and reviewed annually with input
from area property owners
G The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR18-0019
2) The attached Development Standards
3) The map shall be prepared in accordance with Section 23-2-260 D
of the Weld County Code
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
5) County Road 35 is a gravel 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 the future and existing right-of-way on the site plan All
setbacks shall be measured from the edge of the future
right-of-way This road is maintained by Weld County
6) County Road 38 Section Line is shown to have 60 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map The applicant shall delineate the existing
right-of-way on the site plan All setbacks shall be measured from
the edge of the right-of-way
7) Show and label the approved access locations, approved access
width and the appropriate turning radii (60') on the site plan The
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applicant must obtain an Access Permit in the approved location(s)
prior to construction
8) Show and label the approved tracking control on the site plan
9) 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
10) Show and label the section line Right -of -Way as "CR 38 Section
Line Right -of -Way, not County maintained "
11) 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
12) The applicant shall show the drainage flow arrows
13) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property
14) The map shall delineate the approved landscaping and/or
screening
15) The map shall delineate the lighting
16) 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
17) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy ( pdf) of the plat for preliminary approval
to the Weld County Department of Planning Services 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 shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services The
plat shall be prepared in accordance with the requirements of Section 23-2-260 D
of the Weld County Code The Mylar plat and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
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County Commissioners Resolution The applicant shall be responsible for paying
the recording fee
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 be added for each additional three (3) month
period
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@co weld co us
5 Prior to Construction
A The approved access and tracking control shall be constructed prior to
on -site construction This site requires a tracking control device and
100 feet of recycled asphalt or road base or 300 feet of asphalt for tracking
control
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required
6 Prior to issuance of the Certificate of Occupancy
A The applicant shall submit written evidence of a commercial well to the
Weld County Department of Public Health and Environment
B An On -site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater Treatment System Regulations The septic system is required
to be designed by a Colorado Registered Professional Engineer according
to the Weld County On -site Wastewater Treatment System
7 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 The plan will include
an evacuation plan and a test exercise provision Submit evidence of
acceptance to the Department of Planning Services
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
ditkv
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boa
R.VED AS TO
County
orney
Date of signature: 08-03 ail
Steve Moreno, Chair
ie A. Cozad
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANADARKO E&P ONSHORE, LLC
C/O KERR-MCGEE GATHERING, LLC
USR18-0019
1 The Site Specific Development Plan and Use by Special Review Permit, USR18-0019, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service (cryogenic
natural gas processing facility), two (2) 24 -inch and one (1) 16 -inch natural gas pipelines
to be located on the property, an on -site switching station/substation and a 150 -foot
communications tower in the A (Agricultural) Zone District, 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 The hours of operation are 24 hours a day, seven (7) days a week Scheduled
maintenance events that include flaring shall occur during daylight hours
4 The number of permanent on -site employees is limited to twelve (12)
5 The parking area on the site shall be maintained
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
7 The landscaping/screening on the site shall be maintained, in accordance with the
approved Landscaping/Screening Plan
G
8 The operator shall comply with the approved Communication Plan submitted to the
Department of Planning Services
9 The operator shall comply with the approved Lighting Plan, including compliance with the
Dark Sky standard, submitted to the Department of Planning Services
10 Collocation of other antenna by other service providers shall be permitted on the tower,
as long as it meets the security standards and policies of the operator
11 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
12 The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th every year, signed by representatives for
the Fire District and the Weld County Office of Emergency Management to the Department
of Planning Services
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13 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
14 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
15 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
16 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
17 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
18 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
19 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
20 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
21 Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation Secondary
containment shall be sufficiently impervious to contain any spilled or released material
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition All secondary containment will comply with the Colorado Oil and Gas
Conservation (COGCC) Commission Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations
22 As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available
23 The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur
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24 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
25 The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as measured at the property boundaries and as set forth in
C R S §25-12-103 Sound from the facility shall not exceed 50 decibels at the property
line or add to existing ambient noise outside the sound wall
26 The operator shall comply with the approved Noise Mitigation Plan submitted to the
Department of Planning Services
27 The applicant shall obtain a Colorado Discharge Permit System, or CDPS Permit, from
the Colorado Department of Public Health and Environment (CDPHE), Water Quality
Control Division, as applicable
28 The facility shall notify the County of any revocation and/or suspension of any State -issued
permit
29 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
30 The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code
31 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
32 The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking
33 There shall be no parking or staging of vehicles on public roads On -site parking shall be
utilized
34 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
35 The property owner shall comply with all requirements provided in the executed
Improvements Agreement
36 The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates
37 Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County
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DEVELOPMENT STANDARDS (USR18-0019) - ANADARKO E&P ONSHORE, LLC, C/O
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38 The historical flow patterns and runoff amounts on the site will be maintained
39 Weld County is not responsible for the maintenance of on -site drainage related features
40 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
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 The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code
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
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
45 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
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
2018-1933
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DEVELOPMENT STANDARDS (USR18-0019) - ANADARKO E&P ONSHORE, LLC, C/O
KERR-MCGEE GATHERING, LLC
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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
47 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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