HomeMy WebLinkAbout20182115.tiffPlanner: Kim Ogle
Case Number: USR18-0035
Applicant:
Request:
LAND USE APPLICATION
SUMMARY SHEET
Tallgrass Terminals, LLC, do Cody Wagoner
4200 W. 1151h Street, Suite 350, Leawood, KS 66211-2609
Hearing Date: June 19, 2018
A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Storage Facility with Transloading; and any use
permitted as a Use by Right, an accessory use, or a Use by Special Review in the
Commercial or Industrial zone districts, in the A (Agricultural) Zone District. (Tallgrass
Terminals, LLC Grasslands Storage Facility)
Legal Lot B, RE -2045 being part of the S2NW4 of Section 24, T3N, R65W of the 6th P.M.,
Description: Weld County, CO
Location: Approximately 0.5 miles north of County Road 30 and approximately 0.25 miles east of
County Road 47
Size of Parcel: +1- 40 acres Parcel No. 1213-24-2-00-067
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
State of Colorado, Division of Water Resources, referral dated April 24, 2018
Farmer's Reservoir and Irrigation Company, referral dated May 11, 2018
y Weld County Department of Public Health and Environment, referral dated May 9, 2018
y Weld County Department of Public Works, referral dated May 16, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y Weld County Zoning Compliance, referral dated April 17, 2018
y Colorado Parks & Wildlife, referral dated April 17, 2018
y Weld County Sheriff's Office, referral dated April 27, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
y OneOK
y Weld County Department of Building
Inspection
y Saddle Butte Midstream
y Amoco Production Company
y Platte Valley Conservation District
y DCP Midstream, LP
y Platteville-Gilcrest Fire Protection District
y Weld County Office of Emergency
Management
y Colorado Department of Labor and
Employment
USR18-0035
Tallgrass Terminals LLC
Grasslands Storage Facility
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Number: USR18-0035
Applicant: Tallgrass Terminals, LLC, do Cody Wagoner
4200 W. 1151h Street, Suite 350, Leawood, KS 66211-2609
Request:
Hearing Date: June 19, 2018
A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Storage Facility with Transloading; and any use
permitted as a Use by Right, an accessory use, or a Use by Special Review in the
Commercial or Industrial zone districts, in the A (Agricultural) Zone District. (Tallgrass
Terminals, LLC Grasslands Storage Facility)
Legal Lot B, RE -2045 being part of the S2NW4 of Section 24, T3N, R65W of the 6th P.M.,
Description: Weld County, CO
Location: Approximately 0.5 miles north of County Road 30 and approximately 0.25 miles east of
County Road 47
Size of Parcel: +/- 40 acres Parcel No. 1213-24-2-00-067
Case Summary:
Tallgrass Terminals, LLC (Tallgrass) proposes to construct a crude oil storage terminal (Grasslands
Terminal) located in central Weld County (SE4 NW4 Section 24, Township 3 North, Range 65 West) on
property owned by the applicant. The Grasslands Terminal will be supplied with crude oil from pipeline
connections with customers in the area. In the event of system shut down or abnormal pipeline operations,
crude oil to the system may enter or exit the facility via truck using 2 truck ACTS.
The Grasslands Terminal is currently designed to transport approximately 200,000 barrels of oil per day in
and out of the terminal from existing oil development in the immediate area through gathering lines
constructed throughout the region. The terminal, at full build out, will occupy approximately the entire 40 -
acre parcel.
Tallgrass anticipates constructing the facility in phases based upon market demand for storage and
contractual obligations with Tallgrass' customers.
Phase 1 Construction of the office building, two 150,000bbl tanks and associated infrastructure.
Phase 2 may include the construction of additional tanks for crude oil storage and possibly the truck loading
lanes (trucking will only be used if there is an issue with the pipeline supply).
Additional construction phases may be necessary depending upon contractual obligations, demand for crude
oil storage, and economics of the facility. The facility will employee up to ten (10) persons; operate 24
hours/day 7days/week and typically have 10 vehicles visiting the property. In the event that the pipeline is
shut-in, up to an additional15 tanker trucks will visit the property
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DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20.G A.Goal 7. County land use regulations should protect the individual property
owner's right to request a land use change.
The applicant acquired the property currently in dryland agriculture for the purpose of constructing a
crude oil storage terminal. The facility is located in close proximity to existing infrastructure and to
similar uses on adjacent properties.
Section 22-2-20. G.2. A.Policy 7.2 states "Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area that
can support such development, and should attempt to be compatible with the region"
The land that Tallgrass is proposing to convert to industrial use is non -irrigated rangeland that is
located in a rural area where there is a significant amount of oil and gas storage, processing, and
transmission of petroleum product activity already occurring on adjacent properties. In addition, the
property currently has two oil and gas production wells, one of which was recently plugged and
abandoned.
Section 22-2-20.H A.Goal 8. Ensure that adequate services and facilities are currently available or
reasonably obtainable to accommodate the requested new land use change for more intensive
development.
The proposed facility will utilize an approved Division of Water Resources commercial well, permit
number 306411, permitted for drinking and sanitary facilities. A proposed onsite waste water
treatment system will handle the effluent flows. Access to the facility is via a private easement
across lands adjacent to the east and will utilize an approved shared access point onto County Road
30.
Section 22-2-20.1 A.Goal 9. Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses
The proposed facility is located on land being converted to an industrial use is currently non -
irrigated agricultural land adjacent to Saddle Butte's Milton Terminal as well as terminals operated
by Anadarko, Magellan, Rose Rock (White Cliffs) and the future and previously permitted Noble
Energy Roan and Discovery DJ Services Winchester crude oil terminal facilities.
Section 22-2-20.1.5 A.Policy 9.5. Applications for a change of land use in the agricultural areas
should be reviewed in accordance with all potential impacts to surrounding properties and referral
agencies. Encourage applicants to communicate with those affected by the proposed land use
change through the referral process.
The site is not located within the three-mile referral area of a municipality or a County. Local and
State referral agencies were contacted for their comments concerning this proposed facility and as
appropriate, their comments have been included in the staff recommendation as a condition of
approval or a development standard. Planning staff has not received any correspondence or
telephone calls concerning this application.
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Section 22-5-100.A.2 (OG.Policy 1.2) states: "Oil and gas support facilities which do not rely on
geology for locations should locate in commercial and industrial areas, when possible, and should
be subject to review in accordance with the appropriate sections of this [Weld County] Code."
The proposed Grasslands Storage Facility site is located in a sparsely populated area of the County
where there is already a significant amount of oil and gas development. Since the site will primarily
utilize piping to bring oil to the tanks in Phase 1 of the facility, the site will generate very little oil and
gas traffic in the area once the facility is operational. Phase 2 would also generate very little traffic
because the oil would be piped to the tanks. While construction of the site will generate some
impacts because of the extra activity and trips to the site, once it is constructed, the site and the
impact on the surrounding land will be minimal.
Section 22-5-100.B.6 OG.Policy 2.6. Promote the safety of all citizens and structures that are in
relatively close proximity to oil and gas facilities.
The applicant will be required to create and obtain approval from the LaSalle Fire Protection
District and Weld County Office of Emergency Management of an Emergency Action Plan for the
facility. The applicant indicates that Tallgrass has been in contact the Fire District, as well as the
adjacent fire protection districts to inform them about the project and coordinate with them on an
emergency action plan. An Emergency Information Sheet will be distributed to the District every
year with updated information.
To further protect the adjacent citizens and structures, the crude oil storage tanks will be equipped
with a foam suppressant apparatus that will be activated in the event of a fire at the tank farm.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Citing the Weld County Code, Section 23-3-40.A.1 provides for a Site Specific Development Plan
and Special Review Permit for Mineral Resource Development facilities, including, Oil and Gas
Storage Facilities and Section 23-3-40.A.7 for Transloading; in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The Grasslands Storage Facility property and surrounding areas are rangeland that is used for cattle
grazing and oil and gas facilities. The proposed facility will be similar in use and smaller in scale
compared to the surrounding oil and gas facilities located west, south and east of the subject
property. There are few residences in the area, the closest one being located approximately 1;,00
feet from the northwest corner of the property accessing off of County Road 47. Tallgrass has
reached out to neighbors in the area to let them know about the project and find out if they have any
compatibility concerns that will need to be addressed. Planning staff has not received any
correspondence or telephone calls concerning this application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is not located within a three (3) mile referral area of any municipality, nor is it located within
any existing Intergovernmental Agreement Area (IGA) of a municipality.
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E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article XI, of the Weld County
Code. The existing site is within the County -Wide Road Impact Fee Area and the Capital Expansion
Impact Fee area.
The site is not in a Special Flood Hazard, Geologic Hazard or the Airport Overlay area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located within a 40 acre tract of land identified as having 28.5 acres of "other
lands" and 11.5 acres of "Prime if irrigated lands" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. As there is no irrigation water associated with the proposed facility
and currently no irrigation located on site, no prime agricultural lands will be taken out of production.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250, Weld County Code), Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes. The Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed improvements. The Agreement shall
require the construction of the following capital improvements. (Department of Public Works)
1. Future off -site improvements to be completed:
a. Design and construct a left deceleration/turn lane on CR 30 whenever traffic exceeds 10
vehicles per hour (VPH) turning left into the Property for an average daily peak hour.
b. Design and construct a right deceleration/turn lane on CR 30 whenever traffic exceeds 25
VPH turning right into the Property for an average daily peak hour.
c. Design and construct a right acceleration lane on CR 30 whenever traffic exceeds 50 VPH
turning right out of the Property for an average daily peak hour.
d. Design and construct a left acceleration lane on CR 30 whenever such a lane would be a
benefit to the safety and operation of the roadway. The County, in its sole discretion, shall
determine if a left acceleration lane is required.
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
C. The applicant shall attempt to address the concerns of the Farmer's Reservoir and Irrigation
Company, referral dated May 11, 2018. Evidence of approval shall be submitted to the Department
of Planning Services.
D. The applicant shall develop a Lighting Plan to include dark sky standards for review and approval by
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the Department of Planning Services. (Department of Planning Services
E. The applicant shall develop a Decommissioning Plan for the facility for review and approval by the
Department of Planning Services. (Department of Planning Services)
F. The applicant shall develop a Communication Plan with the surrounding property owners, for review
and approval by the Department of Planning Services. (Department of Planning Services) —
Required?
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0035 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County
Code addresses the issue of trash collection areas. (Department of Planning Services)
5. County Road 30 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant
shall delineate on the site plan the future and existing right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is maintained by Weld County.
(Department of Public Works)
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. (Department of Public Works)
7. Show and label the approved tracking control on the site plan. (Department of Public Works)
8. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Department of Public Works)
9. Show and label a 30ft minimum access and utility easement to provide legal access to the
parcel on the site plan. (Department of Public Works)
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. (Department of Public Works)
11. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
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3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three
(3) month period. (Department of Planning Services)
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 mapsRco.weld.co.us.
(Department of Planning Services)
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. (Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy:
A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and shall be
installed according to the Weld County On -Site Wastewater Treatment System Regulations. The
OWTS is required to be designed by a Colorado Registered Professional Engineer according to the
Weld County Individual Sewage Disposal Regulations. (Department of Public Health &
Environment)
B. Commercial well permit number 306411 is currently permitted to be used for drinking and sanitary
facilities for a commercial business. The applicant to provide written evidence that the well has
been constructed prior to the permit expiration date of August 8, 2019. (Department of Planning
Services)
7. Within one month of operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence
of acceptance to the Department of Planning Services. (Department of Planning Services)
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 map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tallgrass Terminals, LLC
Grasslands Storage Facility
USR18-0035
1. A Site Specific Development Plan and Special Review Permit, USR18-0035 for Mineral Resource
Development Facilities, Oil and Gas Storage Facility with Transloading; and any use permitted as a
Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial zone
districts, in the A (Agricultural) Zone District. (Tallgrass Terminals, LLC Grasslands Storage Facility),
subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 24 hours a day, seven days a week, as stated by the applicant(s).
(Department of Planning Services)
4. Number of employees principally employed at the crude oil storage facility is limited to ten (10)
persons per day, as stated by the applicant(s). (Department of Planning Services)
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. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health & Environment)
7. 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, 30-20-100.5, C.R.S. (Department of Public Health & Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code. (Department of Public Health & Environment)
9. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health &
Environment)
10. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health & Environment)
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal
for portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health &
Environment)
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12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health & Environment)
13. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health & Environment)
14. 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. (Department of Public Health & Environment)
15. 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. (Department of
Public Health & Environment)
16. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health & Environment)
17. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations. (Department of Public Health & Environment)
18. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health & Environment)
19. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable. (Department of Public Health & Environment)
20. 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. (Department of Public
Health & Environment)
21. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health & Environment)
22. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health & Environment)
23. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health & Environment)
24. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 151h of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
25. 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
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lights may be used which may be confused with, or construed as, traffic control devices. (Department
of Planning Services)
26. The property owner shall control noxious weeds on the site. (Department of Public Works)
27. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Department of Public Works)
28. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
29. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
30. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
31. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
32. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
33. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
34. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building
Inspection)
35. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
36. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
37. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
38. 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. (Department of Planning
Services)
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39. 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.
40. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
USR18-0035
Tallgrass Terminals LLC
Grasslands Storage Facility
Page 11
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR18-0035
Tallgrass Terminals LLC
Grasslands Storage Facility
Page 12
April 26, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
WAGONER CODY
370 VAN GORDON ST
LAKEWOOD, CO 80228
Subject: USR18-0035 - Tallgrass Terminals, LLC to construct a crude oil terminal capable of handling
200,000 barrels a day with 1,050,000 barrels of crude oil storage capacity.
A Site Specific Development Plan and Special Review Permit for Mineral Resource Development
Facilities, Oil and Gas Storage Facility with Transloading; and any use permitted as a Use by Right, an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone Districts in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
PART S2NW4 SECTION 24, T3N, R65W LOT B REC EXEMPT RE -2045 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 19, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on July 18, 2018 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim O
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
April 17, 2018
WAGONER CODY
370 VAN GORDON STREET
LAKEWOOD, CO 80228
Subject: USR18-0035 - Tallgrass Terminals, LLC to construct a crude oil terminal capable of handling
200,000 barrels a day with 1,050,000 barrels of crude oil storage capacity.
On parcel(s) of land described as:
PART S2NW4 SECTION 24, T3N, R65W LOT B REC EXEMPT RE -2045 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
FIELD CHECK- USR18-0035
Inspection Date: May 25, 2018
Applicant: Tallgrass Terminals, LLC
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development
Facilities, Oil and Gas Storage Facility with Transloading; and any use permitted as a Use by Right, an
accessory use, or a Use by Special Review in the Commercial or Industrial zone districts, in the A
(Agricultural) Zone District. (Tallgrass Terminals, LLC Grasslands Storage Facility)
Legal: Lot B RE -204 being part of the S2NW4 of Section 24, T3N, R65W of the 6th P.M., Weld County, CO
Location: Approximately 0.5 miles north of County Road 30 and approximately 0.25 miles east of County Road 47
Parcel ID #: 1213-24-2-00-067
Acres: 40 +1 -
Zoning
Land Use
N
AGRICULTURE
N
Rural residential and pasture grasses
E
AGRICULTURE
E
Vacant lands, oil terminals and storage —Anadarko, Noble, Rose Rock
S
AGRICULTURE
S
Vacant Lands, FRICO ditch
W
AGRICULTURE
I
W
FRICO Ditch, Black Diamond oil terminal and storage
Comments:
The property is vacant with access gained via a shared access from County Road 30 across the Guertler
Trust property and into the proposed facility location. The Neres Canal is adjacent to the West with a
ditch road located to the east of the ditch. The property is currently vacant and has a slight slope to the
East. Historically the land appears to have been utilized for grazing. The property appears to have two
oil and gas encumbrances and a few pipeline corridors adjacent to the south property line. There is a
mature stand of cottonwood trees located to the southeast.
i tom(}` ;L�_
Signature
o Access to Property — Shared from CR 30
o Ditch — Neres Canal
o Oil & Gas Structures
Note any commercial business/commercial vehicles that are operating from the site.
Hello