HomeMy WebLinkAbout20161770.tiff RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0009, FOR OIL OR GAS PRODUCTION FACILITIES ( 24 WELLS,
18 OIL TANKS, 2 WATER TANKS , 24 SEPARATORS , 2 METER HOUSES , 4 VAPOR
RECOVERY UNITS , 8 EMISSION CONTROL DEVICES AND 2 VAPOR RECOVERY
TOWERS ) IN THE R-1 ( LOW DENSITY RESIDENTIAL) ZONE DISTRICT - 7N , LLC,
C/O EXTRACTION OIL AND GAS
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 22nd day
of June . 2016 , at the hour of 10 : 00 a . m . , in the Chambers of the Board . for the purpose of hearing
the application of 7N . LLC . 370 17th Street, Suite 5300 . Denver. CO 80202 , c/o Extraction Oil and
Gas . 2243 117th Avenue . Greeley, CO 80634 , for a Site Specific Development Plan and Use by
Special Review Permit , USR16-0009 , for Oil or Gas Production Facilities (24 wells , 18 oil tanks,
2 water tanks . 24 separators , 2 meter houses . 4 vapor recovery units , 8 emission control devices
and 2 vapor recovery towers) in the R- 1 ( Low Density Residential) Zone District, on the following
described real estate, being more particularly described as follows :
Part of Lot A of Recorded Exemption , RE-304: being
part of the S1 /2 NW1 /4 of Section 15 , Township 5
North , Range 65 West of the 6th P . M . . Weld County ,
Colorado
WHEREAS, at said hearing , the applicant was present and the Board deemed it advisable
to continue the matter to June 29 , 2016 , at 10 : 00 a . m . , to allow the applicant to present to a full
quorum of the Board .
WHEREAS , on June 29th . the applicant was present . and
WHEREAS , Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present , studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and . having been fully informed , finds that this request shall be approved for the following reasons :
1 . The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2 . It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230 . B of the Weld County Code as follows:
A. Section 23-2-320 . B. 1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect .
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1 ) Section 22-5- 100 .A (OG . Goal 1 ) states : "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources. " The applicant is proposing a multiple oil and gas well
pad which includes 24 horizontally drilled wells , 18 oil tanks. two (2)
water tanks , and associated production equipment . There is an
existing well pad on the subject property that will be plugged and
abandoned and the associated production equipment will be
removed . The application materials state that this new well pad will
allow for efficient drilling of minerals from one ( 1 ) single location and
will also allow minerals to be developed which may otherwise be
stranded due to regulations pertaining to well pad siting . The hours
of operations are 24 hours a day. seven (7) days a week. Up to
50 employees , working in two (2) shifts .. will be on-site during the
drilling and once the wells are completed the facility will be
monitored daily by an Extraction employee . No on-site employees
are proposed . Access to the site will be controlled by an automatic
gate that will control access via a key pad . Construction of the well
pad . earthwork operations , and construction of the facilities will be
conducted during typical business hours but may occur seven (7)
days a week. The application materials state that a 6-foot wood
privacy fence and trees are proposed along the west. north . and a
portion of the south property boundary . A 6-foot black chain-link
fence is proposed along the boundary that is adjacent to the
Greeley #3 Ditch (the south and east boundary) .
2) Section 22-5- 100 . B (OG . Goal 2) states: "Ensure that the extraction
of oil and gas resources conserves the land and minimized the
impact on surrounding land and the existing surrounding land uses. "
The applicant will implement various best management practices
(BMPs) during the drilling phase of this project to minimize impacts
to surrounding land owners . Some of the BMPs that will be
implemented include :
a) Installation of temporary sound walls during drilling and
completion activities .
b) If feasible , powering the drilling rig off of a high line power
line , which would eliminate the noise caused by the
generators on the rig . This noise mitigation solution requires
proper infrastructure supplied by the power company and ,
therefore, may be out of Extraction's hands .
c) During drilling . Green Completion Practices and a closed
loop system will be used for the drilling fluids. No open pits
will be used .
d ) Use of a local or nearby water source to fill the Modular
Large Volume Tanks (MLVTs) during completions
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operations . therefore, reducing truck traffic by not hauling
water to the site.
e) Install Emission Control Devices (ECD) and Vapor
Recovery Units (VRU ) to reduce the VOC vapors that are
generated from crude oil condensate storage tanks. The
ECD and VRU units reduce VOC emissions by at least 95%
through combustion and sequestration .
f) Silica dust suppression will be implemented during the
completion process so that dust generated from the silica
sand used during hydraulic fracturing will be contained
using a vacuum system .
3) Section 22-5- 100 . B (OG . Policy 2 . 9) states: "Impose protective
measures through available state, County and federal regulations
to ensure that the mineral operator conducts operations in a manner
that will minimize current and future environmental impacts. " The
application materials state that termination of the Use by Special
Review is not expected until the oil and gas wells no longer produce
or the wells are no longer financially viable . The wells will be
plugged and abandoned and all debris , abandoned gathering line
risers . flowline risers . and surface equipment shall be removed
within three (3) months of plugging a well in accordance with
COGCC Rule 1004 : Final Reclamation of Well Sites and Associated
Production Facilities . Financial assurance has been posted with the
COGCC to guarantee final reclamation of the site is completed.
B . Section 23-2-230 . B. 2 -- The proposed use is consistent with the intent of
the R- 1 (Low Density Residential) Zone District, Section 233- 110. D . 6,
which allows for a Site Specific Development Plan and Use by Special
Review Permit for Oil or Gas Production Facilities (24 wells , 18 oil tanks,
two (2) water tanks, 24 separators , two (2) meter houses , four (4) vapor
recovery units , eight (8) emission control devices and two (2) vapor
recovery towers) in the R- 1 (Low Density Residential) 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 adjacent lands consist of
pastures , crops , rural residences , and a school in the RE-6 District (Bella
Romero Academy) . There is a residence on the parcel on the northwest
corner and the parcel on the southwest corner adjacent to the site. There
are three (3) residences south of the Greeley #3 Ditch . The closest
residence is on the parcel adjacent to the southwest corner of the site.
There are seventeen ( 17) USRs within one ( 1 ) mile of the site: To the north ,
USR- 1726 is for a second home and accessory parking ; USR15-0009 is
for a trucking company and storage ; USR-834 is for a home business;
USR- 1106 is for a trash business; USR-503 is for the sales of cemetery
monuments ; Amended USR-926 is for RV storage; Amended USR-345 is
for a gravel pit; USR-771 is for cultured marble fabrication ; USR-755 is for
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plastic products manufacturing : and , USR14-0023 is for a gravel pit. To the
south , USR-808 is for a private recreational facility ; USR-306 is for gravel
mining ; MUSR12-0012 is for an RV park & storage; and , USR-852 is for oil
and gas production facilities . To the east, Amended USR- 1208 is for a paint
ball recreational facility; and . USR-832 is for an oil and gas production
facility. Lastly, to the west and adjacent to the site is USR-693 , for an oil
and gas production facility. The Weld County Department of Planning
Services has received six (6) letters and a few phone calls from the
surrounding property owners that object to this USR. The letters outline
concerns regarding the risk of drilling next to a school , safety of the citizens
in the area . and the health of the children in the school .
D . Section 23-2-230. B .4 -- The uses which will be permitted will be compatible
with future development of the surrounding area , as permitted by the
existing zoning , and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities . The site is located within the three (3) mile referral area of
the Town of Kersey and the Cities of Greeley and Evans . The Town of
Kersey, in the referral agency comments dated March 15, 2016 , indicated
no concerns . The City of Evans did not respond with referral comments.
The City of Greeley , in the referral comments dated April 14 , 2016,
indicated that the site is within Greeley's Long Range Expected Growth
Area . Development Standards from Greeley's Triple Creek case were
included in the referral comments and requested to be part of the County's
approval process. Greeley stated that the applicant should utilize Best
Management Practices . host a neighborhood meeting , and situate
equipment so that a trail can be placed along the Greeley #3 Ditch . The
Greeley Engineering Department has requested that the operator enter into
a Road Maintenance Agreement. Additionally, Greeley had concerns
about the traffic numbers and the source of water for the hydraulic
fracturing . The City of Greeley stated that if the water is not being supplied
by the Greeley #3 Ditch , or piped to the site . the traffic narrative should be
revised accordingly. The Department of Planning Services has included a
Condition of Approval for the applicant to attempt to address the comments
from the City of Greeley. No referral agency comments were received from
the Greeley #3 Ditch . Staff has also added a Condition of Approval for the
applicant to revise the traffic narrative , if the water is required to be trucked
into the site.
E . Section 23-2-230 . B . 5 -- The application complies with Chapter 23,
Articles V and XI , of the Weld County Code . The site is not in a floodplain .
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 35 acres of soils
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designated as "Other. " per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The USR will not take any " Prime
( Irrigated)" farmland out of production . The parcel is zoned R- 1 (Low
Density Residential) .
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 7N , LLC , c/o Extraction Oil and Gas, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0009, for Oil or Gas Production
Facilities (24 wells, 18 oil tanks . 2 water tanks, 24 separators, 2 meter houses , 4 vapor recovery
units , 8 emission control devices and 2 vapor recovery towers) in the R- 1 (Low Density
Residential) 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 applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District and shall submit
evidence of acceptance of the Emergency Action and Safety Plan to the
Department of Planning Services .
B . The applicant shall complete a Partial Vacation of USR-665 .
C . The applicant shall record Recorded Exemption . RECX16-0043 .
D . The applicant shall attempt to get an Access Permit to U . S . Highway 34
through the Colorado Department of Transportation (CDOT) .
E . A Drainage Variance request is required and shall be submitted for review
and approval in conjunction with the Drainage Narrative.
F . 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 .
G . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR16-0009 .
2) The attached Development Standards .
3) The map shall be prepared per Section 23-2-260 . D of the Weld
County Code .
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4) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C , 23-D and 23-E of the
Weld County Code.
5) The map shall delineate the screening from public rights-of-way and
surrounding property owners .
6) The map shall delineate site and equipment lighting , if applicable .
7) Cherry Avenue is a paved road and is designated on the Weld
County Road Classification Plan as a local road , which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
the existing right-of-way . All setbacks shall be measured from the
edge of right-of-way. This road is maintained by Weld County.
8) Show and label the approved access (AP16-00117) . and the
appropriate turning radii .
9) Show and label the approved tracking control .
10) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
11 ) Show and label the accepted drainage features and drainage flow
arrows . Water quality features or stormwater ponds should be
labeled as "Water Quality Feature/Stormwater Detention , No-Build
or Storage Area" and shall include the calculated volume .
12) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
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 ( 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 .
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4 . 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.
5 . Prior to Construction :
A. The approved access and tracking control shall be constructed prior to
on-site construction .
6 . 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.
The above and foregoing Resolution was , on motion duly made and seconded , adopted
by the following vote on the 29th day of June , A. D . . 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: WalidA) ..dtp c k UT a 'A-ki13'tea
Mike Freeman, Chair
Weld County Clerk to the Board
Sea . on ay , Pro-Tem
BY: � - Q.Ck _
y
y Clerk to the Board 1 _
kia% u1ieA. Cozad
AP DRMt
tto kIke, -rrbara Kirkme er (1Q—"(- 3n
talk
ounty Attorney tni
Steve Moreno
Date of signature : a ) / aO t c,
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
7N , LLC , C/O EXTRACTION OIL AND GAS
USR16-0009
1 . A Site Specific Development Plan and Use by Special Review Permit, USR16-0009 , for
Oil or Gas Production Facilities (24 wells , 18 oil tanks . 2 water tanks, 24 separators,
2 meter houses , 4 vapor recovery units . 8 emission control devices and 2 vapor recovery
towers) in the R- 1 ( Low Density Residential) Zone District, subject to the Development
Standards stated hereon .
2 . Approval of this plan may create a vested property right pursuant to Section 23-8- 10 of
the Weld County Code .
3 . This is an unmanned facility. For Cherry Avenue access during initial start-up, drilling
phase . and completion of the wells and facility the heavy traffic associated (doesn't include
pick-up trucks or other passenger vehicles) shall not occur within an hour of Bella Romero
School's start time and release time.
4 . The landscaping/screening on the site shall be maintained .
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 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.
7 . The property owner or operator shall be responsible for controlling noxious weeds on the
site , pursuant to Chapter 15 , Article I and II . of the Weld County Code.
8 . The access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or off-site tracking .
9 . There shall be no parking or staging of vehicles on public roads . On-site parking shall be
utilized .
10 . During design , a drainage report or letter shall be submitted .
11 . Prior to the start of construction , a Stormwater Management Plan (SWMP) shall be
implemented as required by the Colorado Department of Public Health and Environment
(CDPHE) permit for Stormwater Discharges Associated with Construction Activities
(COR030000) . As detailed in the SWMP . Best Management Practices (BMPs) shall be
utilized to prevent sediment and other potential pollutants . including trash . from leaving
the site and entering adjacent properties or nearby waterways .
12 . During construction , Public Works shall be allowed to inspect BMPs for proper installation
and maintenance , ensuring adequate safety measures are taken to protect the landowner,
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neighboring properties . adjacent roadways and nearby waterways from potentially
adverse effects of stormwater runoff. The contact will be notified prior to inspection in order
for access to be granted to the inspector. Inspections will be performed at a frequency
required by the CDPHE MS4 General Permit (COR090000) .
13. Upon final stabilization of the site , permanent structural BMPs may be inspected to verify
compliance with the design submitted in the drainage report.
14 . Subsequent inspections may be performed to ensure proper operation and maintenance
of the permanent structural BMP at a frequency required by the CDPHE MS4 General
Permit.
15. The historical flow patterns and runoff amounts on the site will be maintained .
16. Weld County is not responsible for the maintenance of on-site drainage related features .
17 . 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 .
18 . 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 .
19. Waste materials shall be handled , stored . and disposed of in a manner that controls
fugitive dust , fugitive particulate emissions . blowing debris . and other potential nuisance
conditions . The applicant shall operate in accordance with Chapter 14 , Article I , of the
Weld County Code .
20 . 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 .
21 . The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District as delineated in Section 25- 12- 103 . C . R . S .
22 . Adequate drinking , handwashing and toilet facilities shall be provided for employees , at
all times . For employees or contractors on-site for less than two (2) consecutive hours a
day , and two (2) or less full time employees on-site , 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 .
23. Any stained or contaminated soils on the facility shall be removed and disposed of in
accordance with applicable rules and regulations . All spills will be documented and
records will be kept onsite for WCDPHE review upon request. All spills will be reported to
local , state and federal agencies in accordance with all state and federal regulations .
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24 . 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 .
25 . 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.
26 . The applicant shall acquire an Air Pollution Emission Notice (A. P . E . N . ) and Emissions
Permit Application from the Air Pollution Control Division of the Colorado Department of
Public Health and Environment, as applicable .
27 . The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Colorado Department of Public Health and Environment (CDPH&E) , Water Quality Control
Division , as 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-site .
29 . The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code .
30 . Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan . 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 .
31 . A building permit 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 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 registered State of Colorado 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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