HomeMy WebLinkAbout20182549.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0053, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE (EIGHT (8) GAS
COMPRESSORS AND RELATED EQUIPMENT) AND UP TO FIVE (5)
CONSTRUCTION OFFICE TRAILERS AND EIGHT (8) CONEX FOR USE DURING
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT -
CRESTONE PEAK RESOURCES HOLDINGS, LLC, C/O DISCOVERY DJ SERVICES,
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 29th day of
August, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Crestone Peak Resources Holdings, LLC, c/o Discovery DJ Services, LLC, 7859
Walnut Hill Lane, Suite 335, Dallas, Texas 75230, for a Site Specific Development Plan and Use
by Special Review Permit, USR18-0053, for Mineral Resource Development Facilities including
Oil and Gas Support and Service (eight (8) gas compressors and related equipment) and up to
five (5) construction office trailers and eight (8) conex 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:
Lot A of Recorded Exemption, RECX18-0083; being
part of the E1/2 SE1/4 of Section 28, Township 1
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Matt Norton, 3601
Stagecoach Road, Longmont, Colorado 80504 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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SPECIAL REVIEW PERMIT (USR18-0053) - CRESTONE PEAK RESOURCES
HOLDINGS, LLC, C/O DISCOVERY DJ SERVICES, LLC
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1) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources." Discovery DJ Services, LLC, is in the midstream
segment of the natural gas industry. As part of its business,
Discovery gathers natural gas from wellheads, performs gas
processing, and transmits final products to customers via pipelines.
The DJ Basin area has seen rapid expansion as new drilling
technologies are allowing more oil and gas to be produced. As a
result, gas gathering and processing capacity needs to be
expanded in order to meet the growing production. To meet these
needs, Discovery is proposing the West Brighton 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 Discovery DJ Services, 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.
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 in the A (Agricultural) Zone District.
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 and east. This land is a Recorded Exemption
parcel created for this facility. Adjacent lands to the north include the NGL
Injection Well and Off-load Terminal (USR15-0067) and the Dry Creek
Regional Urbanization Area; lands to the east and south are permitted for
Mineral Resource Development Facilities including Oil and Gas Support
and Service including an obsolete gas plant and pending Crestone Peak
Resources Holdings, LLC, application for a storage yard; lands to the west
are vacant and in agriculture production and are also a part of the Dry
Creek Regional Urbanization Area. On all surrounding lands are numerous
oil and gas facilities, well heads and tank batteries present in each
direction. There are five (5) property owners on ten (10) parcels within five
hundred (500) feet of this proposed compressor station facility, with the
nearest residences being approximately 1,825 feet northwest of the
property line, approximately 1,630 feet to the northeast, and approximately
1,675 feet to the south. Staff has received no letters, one telephone call
from an interested neighbor, and no electronic mail from interested parties.
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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 areas of
the Cities of Brighton, Dacono and Northglenn and Adams County. The
City of Northglenn returned a referral dated June 13, 2018, indicating no
concerns. The City of Brighton, City of Dacono and Adams County did not
return a referral response.
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 lot will be required
to adhere to the fee structure of the County -wide Road Impact Fee, County
Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. This proposed facility is located on a ten (10) -acre Recorded
Exemption parcel for the compressor site. The proposed facility is sited on
lands that are designated as "Prime, if they become Irrigated" on the
Important Farmlands of Weld County map dated 1979. There is no
irrigation water associated with the use or the property, therefore, no Prime
Land has been taken out of production.
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 Crestone Peak Resources Holdings, LLC, c/o Discovery
DJ Services, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0053, for Mineral Resource Development Facilities including Oil and Gas Support and
Service (eight (8) gas compressors and related equipment) and up to five (5) construction office
trailers and eight (8) conex 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 during construction at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
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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 submit a Lighting Plan for review and approval by the
Department of Planning Services, in accordance with the Dark Sky
Standard and the Weld County Code.
E. The applicant shall submit a Noise Mitigation Plan for review and approval
by the Department of Planning Services.
F. The applicant shall submit a Visual Mitigation and Screening Plan to the
Department of Planning Services for review and acceptance.
G. The applicant shall submit signage in compliance with Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld
County Code to the Department of Planning Services for review and
approval.
H. The applicant shall submit written evidence that the Conditions of Approval
have been met and that Recorded Exemption, RECX18-0083, has been
submitted for recordation.
Crestone Peak Resources shall submit a request for partial vacation of the
Second Amended Use by Special Review Permit, 2ndAMUSR-589, to
remove Lot A of Recorded Exemption, RECX18-0083, from the permit
boundary of USR18-0053.
J. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR18-0053.
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) The recorded easement for ingress, egress, and utilities shall be
referenced on the USR map by the Weld County Clerk and
Recorder's Reception number.
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5) County Road 4 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
6) County Road 19 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 the future and existing right-of-way on the site plan. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
7) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
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 30 -foot minimum access and
utility 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.
12) The applicant shall show the location and dimension of the facility
sign. 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.
13) The lighting shall be shown on the map in accordance with
Section 23-3-250.B.6 of the Weld County Code.
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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. The applicant shall be
responsible for submitting evidence of acceptance to the Department of
Planning Services.
4. Upon completion of Condition of Approval #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. 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 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 29th day of August, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datift4) ,do;ok,
Weld County Clerk to the Board
BY:, b i.r _iii
dty Cler. • t - : oard
7RO
County Attorney
Date of signature: D Z/
EXCUSED
Steve Moreno, Chair
arbara Kirkmey- Pro -Tern
--• '. Cos. av
lie A. ozad
Mike Freeman
2
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CRESTONE PEAK RESOURCES HOLDINGS, LLC,
CIO DISCOVERY DJ SERVICES, LLC
USR18-0053
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0053, is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
including (eight (8) gas compressors and related equipment) and up to five (5) construction
office trailers and ten (10) conex for use during construction of the facility in the
A (Agricultural) Zone, and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. This is an unmanned facility.
4. The facility will operate 24 hours per day, 365 days per year.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6. The visual mitigation and screening on the site shall be maintained in accordance with the
approved Visual Mitigation and Screening Plan.
7. The approved Noise Mitigation Plan shall be maintained.
8. The approved Lighting Plan shall be maintained in accordance with the Weld County
Code.
9. 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.
10. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. 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.
13. The historical flow patterns and runoff amounts on the site will be maintained.
14. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
15. Weld County is not responsible for the maintenance of on -site drainage related features.
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DEVELOPMENT STANDARDS (USR18-0053) - CRESTONE PEAK RESOURCES
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16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
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 Commission (COGCC) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
24. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
25. 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.
26. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
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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, if applicable.
28. A Spill Prevention, Control, and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on the site or as applicable.
29. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
30. 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.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. 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.
33. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -2100E, effective date January 20,
2016 (Big Dry Creek Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
34. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
35. Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County -wide Road Impact Fee, County Facility Fee and Drainage Impact Fee
Programs.
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. 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.
38. 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.
39. 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.
40. 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(s) 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.
41. 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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