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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN USE BY PECIAL REVIEW
PERMIT, USR14-0058, FOR MINERAL RESOURC D ELOP NT FACILITIES,
OIL AND GAS SUPPORT AND SERVICE, INC DING, T N T LIMITED TO A
NATURAL GAS PROCESSING FACILITY FOR E PROC NG OF NATURAL
GAS PRODUCTS, AND RELATED EQUIPMENT D STR URES, METERING
EQUIPMENT FOR THE CUSTODY TRANSFER OF S, N UR GAS LIQUIDS
(NGLS) AND CONDENSATE; OUTDOOR EQUIPMENT D MAT IALS STORAGE
YARD; ONE (1) 35-FOOT IN HEIGHT C T ER; A MORGAN
COUNTY REA SUBSTATION; AND THE TRAN ADING OF OMMODITY FROM
ONE MODE OF TRANSPORTATION TO AN R INC DING TRUCK AND
PIPELINE WITHOUT LIMITATION FOR IL AND IN STRIES, INCLUDING
PETROLEUM PRODUCTS AND STORA RELATED TO AME AND RELATED
EQUIPMENT; TEMPORARY STAGING A EA AND L DOWN YARD FOR
CONSTRUCTION MATERIALS, CONSTR TION O ICE TRAILERS, AND
CONSTRUCTION PARKING A RE THAN NE CA GO (CONEX) CONTAINER
IN THE A (AGRICULTURAL) Z NE TRICT BR 'RANCH AND CATTLE CO.,
LLC, C/O NOBLE ENERGY, IN .
WHEREAS, the Board of County oners of eld County, Colorado, pursuant to
Colorado statute and the We ounty Home Rule Ch er, is vested with the authority of
administering the affairs of W d County rado, and
WHEREAS, the Boa of C my Com issione held a public hearing on the 10th day
of December, 2014, at t e ho 0:00 a.m.,,in the ambers of the Board, for the purpose of
hearing the applicatio of Timbro Ranch a Cattl CO., LLC, P.O. Box 1806, Sterling, CO
80751, c/o Noble En gy, Inc., 1625 Bro way, ite 2200, Denver, CO 80202, for a Site
Specific Developme Plan and Use b peci Review Permit, USR14-0058, for Mineral
Resource Develop t Facili es, Oil Gas S port and Service, including, but not limited to,
a Natural Gas Proc sing acility for the pr cessing of natural gas products and related
equipm-• - d structu s, eteri equipm t for the custody transfer of gas, natural gas
liquids GLS -nd cond ate; tdoor equi ment and materials storage yard; one (1) 35-foot
in heig comm nication t a Morgan unty REA Substation; and the transloading of a
commo• from one mode of transportati to another, including truck and pipeline without
limitatio r oil d gas industries, inclu g petroleum products and storage related to same
and relat- quit ment; temporary stagi area and lay down yard for construction materials,
construction is- trailers - • construction parking and more than one cargo (conex) container
in the A (Ag one District, on the following described real estate, being more
particularly desc -d as follows:
N1/2 of Section 19, Township 9 North, Range 58
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Pam Flora,
Tetra Tech, 190O S. Sunset Street, Suite 1-E, Longmont, Colorado 80501, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
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SPECIAL REVIEW PERMIT (USR14-0058) - TIMBRO RANCH AND CATTLE CO., LLC, CIO
NOBLE ENERGY, INC.
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WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural/and 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 Noble is proposing to
convert to industrial uses is non-irrigated rangeland that is located
in a very rural area where there is a significant amount of oil and
gas activity already occurring. Therefore, the proposed use is
compatible with the region.
2) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources," and 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 use."The proposed Pony Creek 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
utilize piping to bring gas to the facility, it will generate very little
additional oil and gas traffic in the area once the facility is
operational. While construction of the site will generate some
impacts because of the extra activity and trips to the site, once it is
constructed, the impact on the surrounding land will be minimal. In
addition, the Pony Creek facility will help reduce air quality
concerns by reducing the need for flaring at the production well
sites.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. 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 Oil and Gas Support and
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Service, Natural Gas Processing Facilities, related equipment and
structures; Section 23-3-40.A.7 provides for Transloading; Section 23-3-
40.S provides for outdoor equipment and materials storage yard; Section
23-3-30.P provides for one (1) 35-foot in height communication tower;
Section 23-3-20.L provides for a Morgan County REA radial substation;
and Section 23-3-30.K provides for two or more Cargo (Conex)
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 Pony Creek
facility and surrounding areas are rangeland that is used for grazing of
livestock and oil and gas encumbrances. There are very few residences
in the area, with the nearest residence being approximately one mile to
the north. One residence is owned by Timbro Ranch and Cattle CO., LLC.
The proposed gas plant will process gas from wells in the area which will
substantially reduce oilfield traffic on area roads. The isolated location of
the proposed gas plant is compatible with the surrounding land uses.
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 any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
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 80 acres
with the western part of the property identified as "prime if they become
irrigated," and the eastern part of the property identified as "other 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 23-2-230.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.
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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,
USR14-0058, for Mineral Resource Development Facilities, Oil and Gas Support and Service,
including, but not limited to, a Natural Gas Processing Facility for the processing of natural gas
products and related equipment and structures, metering equipment for the custody transfer of
gas, natural gas liquids (NGLS) and condensate; outdoor equipment and materials storage
yard; one (1) 35-foot in height communication tower; a Morgan County REA Substation; and the
transloading of a commodity from one mode of transportation to another including truck and
pipeline without limitation for oil and gas industries, including petroleum products and storage
related to same and related equipment; temporary staging area and lay down yard for
construction materials, construction office trailers, and construction parking and more than one
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 plat:
A. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment (WCDPHE). The plan shall include, at a
minimum, the following (condition met 11/18/2014):
1) A list of wastes which are expected to be generated on-site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored
on-site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
4) Solids and sediment will accumulate in the storage tanks. The
Waste Handling Plan shall include a detailed plan that describes
the method of how those solids will be removed, including all
on-site handling procedures.
5) The Waste Handling Plan shall provide a commitment to notify the
WCDPHE in writing, in the event the plan is amended and needs
further review and approval.
B. An Improvements Agreement and Road Maintenance Agreement is
required for this site. Road maintenance, including dust control, damage
repair, and triggers for improvements will be included.
C. The applicant shall complete a Non-exclusive License Agreement for the
upgrade and maintenance of a Weld County right-of-way.
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D. An accepted Final Drainage Report, stamped and signed by a
professional engineer registered in the state of Colorado, is required as
well as a Certification of Compliance stating that the final stamped
Drainage Report is in compliance with the Weld County Code.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0058.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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) The applicant shall show the approved access(es) on the plat and
label with the approved Access Permit Number AP14-00402.
6) The applicant shall show the approved Non-Exclusive License
Agreement on the plat and label it with the recorded reception
number and date.
7) The applicant shall label the approved water quality feature on the
plat as "Water Quality Feature, No Build/Storage Area", and label
the required volume.
8) The applicant shall indicate specifically on the plat the type of
right-of-way/easement and indicate whether it is dedicated,
private, or deeded to provide adequate access to the parcel.
9) The applicant shall label the approved water quality feature on the
plat as "Water Quality Feature, No Build/Storage Area," and label
the required volume.
2. Upon completion of Condition of Approval #1 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
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by the Department of Planning Services. 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 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.
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 the release of Building Permits:
A. The applicant shall submit evidence of an Air Pollution Emission Notice
(APEN) and Emissions Permit Application from the Air Pollution Control
Division, Colorado Department of Public Health and Environment
(CDPHE). Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services. Alternately, the applicant shall
provide evidence from the Air Pollution Control Division that they are not
subject to these requirements.
6. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction. In the event that
one (1) or more acres are disturbed, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
B. A Right-of-Way Permit is required for any work within the public
right-of-way.
C. A Special Transport Permit is required for any over size or over weight
vehicles.
7. Within one (1) 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.
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8. Within six (6) months of operation:
A. A Colorado professional engineer certified and signed copy of the Spill
Prevention, Control and Countermeasure Plan, prepared in accordance
with the applicable provisions of 40 CFR, Part 112 shall be provided to
Weld County Department of Public Health and Environment.
9. Prior to the issuance of the Certificate of Occupancy:
A. An On-Site Wastewater Treatment System (O.W.T.S.) is required for the
proposed facility and shall be installed according to the Weld County
O.W.T.S. Regulations. The septic system is required to be designed by a
Colorado registered professional engineer according to the Weld County
O.W.T.S. Regulations.
B. The applicant shall submit written evidence of a commercial well to the
Department of Planning Services and the Department of Public Health
and Environment.
10. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of December, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
c
ATTEST: C1 _ 4 A,
�j, J Kv+; Douglas ademache , Chair
Weld County Clerk to the Board
arbara Kirkmey r, Pro-Te
B :' 1 ! _� �. f is �, _ /4) —
De. t 4 lerk to the B a,
1661 i =; : ean P. Conway C
APPROVED AS TO FORM:Sf ? l
ir
®u Mike Fr n
County Attorney ��
VVilliar . Garcia
Date of signature: )�Z9
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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.
USR14-0058
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0058, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service,
including, but not limited to a Natural Gas Processing Facility for the processing of
natural gas products and related equipment and structures, metering equipment for the
custody transfer of gas, natural gas liquids (NGLs) and condensate; transloading,
outdoor equipment and materials storage yard; one (1) 35-foot in height communication
tower; a Morgan County REA substation; and more than one cargo (Conex) container in
the A (Agricultural) Zone District (Pony Creek Gas Processing Facility), 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 per day, seven (7) days per week, and 365 days
per year, as stated by the applicant(s).
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, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with the approved Waste Handling
Plan, at all times.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the approved Dust Abatement Plan, at all times.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
9. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. 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.
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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.
11. A current Colorado professional engineer certified and signed copy of the Spill
Prevention, Control and Countermeasure Plan shall be available on-site, at all times.
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times.
13. Portable toilets are acceptable for employees or contractors on-site for less than two (2)
consecutive hours a day. All other sewage disposal for the facility shall be by septic
system. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to On-site Wastewater Treatment System (O.W.T.S.)
14. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
15. For any hazardous chemical used or stored in the workplace, the facilities must maintain
Material Safety Data Sheets [MSDS] and submit the MSDS, or a list of chemicals, and
the facility's annual inventory, to the State Emergency Response Commission, the Local
Emergency Planning Committee and the Fire Protection District on or before March 15th
of any given year.
16. The property owner or operator shall provide written evidence of an approved
Emergency Action and Safety Plan starting one month prior to operation and thereafter
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.
17. 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.
18. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
19. The historical flow patterns and runoff amounts will be maintained on the site.
20. Weld County is not responsible for the maintenance of on-site drainage related features.
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21. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
22. 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 2011 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.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
24. 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.
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. 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 plat and recognized at all times.
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