HomeMy WebLinkAbout20160974.tiff RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0072, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (SIX (6) COMPRESSORS ) IN
THE A (AGRICULTURAL ) ZONE DISTRICT - JOHN JOHNSON, C/O STERLING
ENERGY INVESTMENTS , 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 10th day of
February, 2016 , at the hour of 10: 00 a. m . , in the Chambers of the Board , for the purpose of
hearing the application of John Johnson , 18761 CR JJ , Fort Morgan , CO 80701 , do Sterling
Energy Investments . LLC . 1200 17th Street, Suite 2850, Denver. CO 80202 , for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0072 , for Mineral Resource
Development Facilities , including Oil and Gas Support and Service (six (6)compressors) in the
A (Agricultural) Zone District. on the following described real estate , being more particularly
described as follows :
Subdivision Exemption . SUBX15-0033 ; being part of
the SE1 /4 of Section 22 . Township 7 North . Range
58 West of the 6th P . M . , Weld County , Colorado
WHEREAS, at said hearing , the Board deemed it necessary to continue the matter to
March 23 . 2016 , to allow the applicant time to complete the state mandated 30-day mineral
notification . and
WHEREAS, March 23 . 2016, the County was closed due to inclement weather: therefore,
the abovementioned hearing was re-noticed for April 13. 2016. and
WHEREAS , on April 13 . 2016, at said hearing , the applicant was present and represented
by Dena Lund and Abby Rimel , Sterling Energy Investments . LLC . 1200 17th Street. Suite 2850 ,
Denver, CO 80202 , 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 :
P� ► EN fel Mp ' Afet 2016-0974
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SPECIAL REVIEW PERMIT (USR15-0072) - JOHN JOHNSON . CIO STERLING ENERGY
INVESTMENTS . LLC
PAGE 2
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.
1 ) Section 22-5- 100.A (OG . Goal 1 ) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources. "
2) Section 22-5- 100. B (OG . Goal 2) states: "Ensure that the extraction
of oil and gas resources conserves the land and minimizes the
impact on surrounding land and the existing surrounding land uses. "
3) Section 22-6-20 . C . 1 ( ECON . Policy 3 . 1 ) states: "County activities
and regulation should protect the rights of private property owners
and the public health. safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy. " Sterling Sterling Energy is a business that is in the
midstream segment of the natural gas industry . As part of its
business, Sterling Energy gathers natural gas from wellheads ,
performs gas processing , and transmits final products to customers
via pipelines . In Weld County , Sterling Energy operates an
p p Y p
expanding network of gathering pipelines and one gas processing
plant. 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 , Sterling Energy is proposing the New Raymer compressor
station necessitated by the need to move larger volumes of gas due
to the recent 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 leased to Sterling Energy Investments , LLC . This proposal
has been reviewed by the appropriate referral agencies and it has
been determined that the attached Conditions of Approval and
Development Standards ensure that there are adequate provisions
for the protection of the health . safety and welfare of the inhabitants
of the neighborhood and County. and will address and mitigate
impacts on the surrounding area due to the construction of this
facility.
B . Section 23-2-230 . B. 2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A. 2 of the Weld County
Code provides for Mineral Resource Development, Oil and Gas Support
and Service as a Use by Special Review in the A (Agricultural) Zone
District .
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SPECIAL REVIEW PERMIT ( USR15-0072) - JOHN JOHNSON . C/O STERLING ENERGY
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C . Section 23-2-230. B . 3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The property slopes to the
southeast into a depression . This site and surrounding lands in each
direction are utilized as grazing lands for livestock and are covered in native
grasses with numerous oil and gas facilities , well heads and tank batteries
present in each direction . Adjacent to the south is a 295-foot in height
microwave tower permitted under CUP-41 . There are thirteen ( 13) property
owners on seven (7) parcels within 500 feet of this facility. The Department
of Planning Services has received one telephone call regarding the
application and one letter with concerns specific to noise generated and a
request to place mufflers on the compressors or employ some type of
sound barrier.
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 for the Town of
New Raymer and Morgan County. Referrals were not received from the
Town of New Raymer and Morgan County concerning this application .
E . Section 23-2-230 . B . 5 -- The application complies with Chapter 23,
Articles V and XI , of the Weld County Code. The existing site is not within
a recognized overlay district, including the Geologic Hazard or Airport
Overlay District. The site is not in a Flood Hazard Area . Building Permits
issued on the proposed 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 23-2-230 . 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 2 . 75-acre Subdivision Exemption
lot (SUBX15-0033) utilizing approximately 2 . 75 acres for the compressor
site. Ongoing agricultural activities will continue on lands not impacted by
this proposed facility. The proposed facility is sited on lands that are
designated "Other" lands on the Important Farmlands of Weld County map
dated 1979.
G Section 23-2-230. B . 7 -- The Design Standards (Section 23-2-240 . Weld
County Code) . Operation Standards (Section 23-2-250, Weld County
Code) . Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County . Colorado. that the application of John Johnson , c/o Sterling Energy Investments . LLC ,
for a Site Specific Development Plan and Use by Special Review Permit, USR15-0072 , for Mineral
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SPECIAL REVIEW PERMIT ( USR15-0072) - JOHN JOHNSON . CIO STERLING ENERGY
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Resource Development Facilities , including Oil and Gas Support and Service (six (6)
compressors) 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 map:
A. The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR15-0072 .
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) Show and label the entrance gate set-back a minimum of 100 feet
from edge of shoulder.
B . The applicant shall submit a copy of the Decommissioning Plan for
compressor facility and appurtenances to the Department of Planning
Services .
2 . Prior to Construction
A. If more than one ( 1 ) acre is to be disturbed , a Weld County Grading Permit
will be required .
3 . Prior to Operation
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
4 . Upon completion of Condition of Approval #1 -3 above . the applicant shall submit
an electronic version ( . pdf) . or one ( 1 ) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval . The plat shall be
prepared in accordance with the requirements of Section 23-2-260. D of the Weld
County Code . Upon approval of the plat. the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval . The Mylar
plat and additional requirements shall be submitted within one hundred twenty
( 120) days from the date of the Board of County Commissioners Resolution . The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services . The applicant shall be responsible for
paying the recording fee.
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SPECIAL REVIEW PERMIT ( USR15-0072) - JOHN JOHNSON . C/O STERLING ENERGY
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5 . The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate . Acceptable CAD formats are . dwg , . dxf,
and . dgn (Microstation) ; acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB) . The preferred format for Images is .tif (Group 4) .
(Group 6 is not acceptable) . 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 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 Special Review map is ready
to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was . on motion duly made and seconded . adopted
by the following vote on the 13th day of April , A. D . , 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ATTEST: thrifeii ��i `�-��-
`�' t� Mike Freeman . Chair
Weld County Clerk to the Board �---- c-
Sean P. Conway, Pro-Tem
BY f !�
De t Clerk to the Board -'A—
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p Y t�.,` E it 4o A. Cozad
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APP ED AS ikiPLISEDW
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% ,�:� :�.,,�� a Kirkmeyer
1. n ale'lfraN . as:. , • i ____:,__Q_
ounty Attorney `4. A ,► �w -s,,
/ sssiiii w - eve Moreno
Date of signature : U2
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN JOHNSON , C/O STERLING ENERGY INVESTMENTS , LLC
USR15-0072
1 . The Site Specific Development Plan and Use by Special Review Permit. USR15-0072 , is
for Mineral Resource Development Facilities , Oil and Gas Support and Service, (six (6)
compressors) in the A (Agricultural) Zone District, and subject to the Development
Standards stated hereon .
2 . Approval of this plan may create a vested property right pursuant to Section 23-8- 10 of
the Weld County Code .
3 . Upon termination of the use of the compressor station . the site shall be restored to its
original condition according to the Decommissioning Plan .
4 . All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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 .
5 . 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. Section 30-20- 100. 5, C . R . S .
6 . 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.
7 . 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 .
8 . The facility shall comply with the Air Pollution Emission Notice (A. P . E . N . ) Permit
requirements, as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable .
9. 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 .
10. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of Hazardous Air Pollutants
(HAP's) and Volatile Organic Compounds (VOC 's) . All chemicals must be stored secure.
on an impervious surface . and in accordance with manufacturer's recommendations .
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DEVELOPMENT STANDARDS ( USR15-0072) - JOHN JOHNSON , C/O STERLING ENERGY
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11 . A Spill Prevention , Control and Countermeasure Plan , prepared in accordance with the
applicable provisions of 40 CFR, Part 112 , shall be available on-site .
12 . This facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District. as delineated in Section 25- 12- 103. C . R . S .
13 . The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE) . Water Quality Control
Division , as applicable.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code .
15 . 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 2014 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 .
16. 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.
17. The access to the site shall be maintained to mitigate any impacts to the public road ,
including damages and/or off-site tracking .
18. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized .
19. The historical flow patterns and runoff amounts will be maintained on the site .
20 . 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 .
21 . The facility will operate 24 hours per day. 365 days per year. 25. The property owner or
operator shall be responsible for complying with the Design and Operation Standards of
Chapter 23 of the Weld County Code .
22 . The facility owners shall follow the process for reporting Tier II information as outlined in
Title III of the Superfund Amendments and Reauthorization Act (SARA) , which includes
provisions also known as the Emergency Planning and Community Right-to-Know Act of
1986 ( EPCRA) .
23 . Following the commencement of operation . the property owner or operator shall provide
written evidence of an approved Emergency Action and Safety Plan on or before
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INVESTMENTS , LLC
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year signed representatives for the Fire District and the Weld
March 15th of any given s g ed by
County Office of Emergency Management to the Department of Planning Services.
nof Planning
24. Necessary personnel from the Weld County Departments 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.
25. 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 .
26. 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.
27 . 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 .
28 . 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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