HomeMy WebLinkAbout20163624.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0037, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS SUPPORT AND SERVICE, INCLUDING PRODUCED WATER RECYCLING,
TRANSLOADING, OUTDOOR EQUIPMENT AND MATERIALS STORAGE YARD AND
MORE THAN ONE (1) CARGO (CONEX) CONTAINER IN THE A (AGRICULTURAL)
ZONE DISTRICT - TIMBRO RANCH AND CATTLE CO, LLC, C/O NOBLE ENERGY,
INC.
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 7th day of
December, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Timbro Ranch and Cattle Co, LLC, P.O. Box 367, Springfield, NE
68059-0367, do Noble Energy, Inc., World Trade Center, 1625 Broadway, Suite 2200, Denver,
CO 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0037, for Mineral Resource Development Facilities, Oil and Gas Support and Service,
including produced water recycling, transloading, outdoor equipment and materials storage yard
and more than one (1) cargo (Conex) container in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX16-0017; being part of
the W1/2 SE1/4 of Section 11, Township 9 North,
Range 59 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Anne Best
Johnson, TetraTech, 1900 Sunset Street, Suite 1-E, Longmont, CO 80501, 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 23-2-230.6 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 (USR16-0037) - TIMBRO RANCH AND CATTLE CO, LLC, CIO
NOBLE ENERGY, INC.
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1) Section 22-4-140.B (EP.Goal 2) states: "Mineral resource
exploration and production waste facilities should be planned,
located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use, scale,
height, traffic, dust, noise and visual pollution." 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.
2) Section 22-4-30.A (WA.Goal 1) states: "Support the development
of water that is put to beneficial use, along with associated
infrastructure." The proposed produced water recycling facility and
load out facility will provide a valuable and indispensable service for
Noble Energy oil and gas exploration. The centralized location on
non -irrigated dryland for load out minimizes the removal of
agricultural land from production.
B. Section 23-2-230.B.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.2 provides for a Site Specific Development Plan and
Use by Special Review Permit for Mineral Resource Development
Facilities, including Produced Water Recycling; Section 23-3-40.A.7 for
Transloading; Section 23-3-40.S for outdoor equipment and materials
storage yard and Section 23-3-30.K for two or more cargo container(s) 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 proposed produced water
recycling facility and surrounding areas are in dryland grasses and oil and
gas encumbrances. There are very few residences in the area of the
proposed facility, with the nearest residence being about 1.8 miles away to
the southwest near the intersection of County Road 115 and County
Road 104. The isolated location mitigates concerns with the surrounding
land uses. There are four (4) property owners on 13 parcels and staff has
not received correspondence concerning this application.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral area of
a municipality and is not located within a Coordinated Planning Area (CPA)
or an Intergovernmental Agreement Area (IGA).
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E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 eight (8) acres of a
240 -acre parcel with the property identified as ""Prime if Irrigated," per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
As there is no irrigation water located on the site, no prime agricultural lands
will be 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 can 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 Timbro Ranch and Cattle Co, LLC, c/o Noble Energy,
Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR16-0037, for
Mineral Resource Development Facilities, Oil and Gas Support and Service, including produced
water recycling, transloading, outdoor equipment and materials storage yard and more than one
(1) cargo (Conex) container 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 30 -foot wide joint access and utility easement extending across Timbro
Ranch and Cattle Co., LLC, for the benefit of the SUBX16-0017 Leasehold
parcel, shall be shown clearly on the plat. The joint easement shall be
dedicated for the use as shown using the language set forth in the Weld
County Code, Appendix 24-F.2. The easement shall be graded and drained
to provide all-weather access. The Reception Number associated with this
document shall be shown and labeled on the USR map.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0037.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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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.
5) Show and label the approved access on the plat and label with the
approved Access Permit Number, AP16-00459.
6) County Road 119 is a gravel road and is designated on the Weld
County Road Classification Plan as a collector road, which requires
80 feet of right-of-way at full buildout. The applicant shall verify and
delineate on the site map the future and existing right-of-way and
the documents creating the existing right of way. All setbacks shall
be measured from the edge of future right-of-way. This road is
maintained by Weld County.
7) County Road 106 Section Line is shown to have 30 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 right-of-way.
8) Show and label the section line right-of-way as "CR 106 Section
Line Right -of -Way, not County maintained."
9) Show and label a 30 -foot minimum access and utility easement to
provide legal access to the parcel on the site plan. The Reception
number associated with this easement shall be shown and labeled.
10) Show and label the approved tracking control on the site plan.
11) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
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 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.
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
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(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.
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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
6. Within one month of operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Pawnee Fire Protection 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.
7. By January 31, 2017, an Improvements and Road Maintenance Agreement is
required for off -site improvements at this location. Road maintenance, including
dust control, damage repair, specified haul routes and future traffic triggers for
improvements will be included.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of December, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: die/4A)G ..f to;t1 EXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board
EXCUSED
Sean P. Conway, Pro-Tem
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Ju ,A. Cozad, Pro -Tern
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altar Kirkmeyer
my Attorney
Steve Moreno
Date of signature: Ol (00/1-1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIMBRO RANCH AND CATTLE CO, LLC, C/O NOBLE ENERGY, INC.
USR16-0037
1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0037, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service, including
produced water recycling, transloading, outdoor equipment and materials storage yard
and more than one (1) cargo (Conex) container in the A (Agricultural) Zone District, (Noble
Energy East Pony Water Recycling Facility #1) 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 days a week, as stated by the
applicant(s).
4. Number of employees for operations on the site is limited to two (2) persons per each
12 hour shift, as stated by the applicant(s).
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. 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.
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, Section 30-20-100.5, C.R.S.
8. The facility shall comply with the Colorado Oil and Gas Conservation Commission
(COGCC) regulations. Only E&P wastes, generated by the operator, are allowed to be
recycled at the facility.
9. 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.
10. 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.
11. 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.
12. 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
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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.
13. All potentially hazardous chemicals on -site 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.
14. 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 Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
15. A Waste Management Plan prepared in accordance with the COGCC rules and
regulations, as applicable, shall be made available. The facility shall comply at all times
with these plans, including all updates or changes.
16. All liquid wastes received at the facility shall be unloaded on the unloading pad. The
unloading/loading pad leak detection system shall be constructed and operated in
accordance with the approved design. The unloading pad will be kept in good condition
and cleaned at a frequency that prevents oils and other wastes from building up on the
pad.
17. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, and as applicable, shall be available. The
facility shall comply at all times with these plans, including all updates or changes.
18. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
19. 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.
20. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. For any hazardous chemical used or stored in the workplace, facilities must maintain
safety data sheets [SDS] and submit the SDSs, or a list of chemicals, and the facility's
annual inventory, to the State Emergency Response Commission, the Local Emergency
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Planning Committee and the Fire Protection District on or before March 15th of any given
year.
23. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th 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.
24. 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.
25. 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.
26. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
27. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
28. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County. The single access point to the
site shall be from CR 119.
29. The historical flow patterns and runoff amounts will be maintained on the site.
30. Weld County is not responsible for the maintenance of on -site drainage related features.
31. 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.
32. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
33. 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.
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34. 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.
35. 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.
36. 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.
37. 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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