HomeMy WebLinkAbout20143552.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0050, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
OIL AND GAS SUPPORT AND SERVICE, OIL AND GAS PROCESSING FACILITIES
AND RELATED EQUIPMENT, FRESH WATER PONDS TO BE UTILIZED FOR
HYDRAULIC FIELD EXPLORATION; CENTRALIZED OIL AND GAS PROCESSING
FACILITY; OIL AND GAS STORAGE FACILITY; TRANSLOADING; CRUDE OIL
PUMPING STATION AND RELATED EQUIPMENT; A THIRTY-FIVE (35) FOOT IN
HEIGHT COMMUNICATION TOWER AND ANY USE PERMITTED AS A USE BY
RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL
OR INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION MAP OR PART OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - WADE AND
DELAND CASTOR, C/O NOBLE ENERGY, INC., AND WATTENBERG HOLDING,
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 19th day
of November, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Wade and Deland Castor, 22791 Highway 39, Weldona, CO 80653,
c/o Noble Energy, Inc.,1625 Broadway, Suite 2200, Denver, CO 80202, and Wattenberg
Holding, LLC, 3030 NW Expressway, Suite 1100, Oklahoma City, OK 73112, for Mineral
Resource Development Facilities, Oil and Gas Support and Service, Oil and Gas Processing
facilities and related equipment, fresh water ponds to be utilized for hydraulic field exploration;
Centralized Oil and Gas Processing Facility; Oil and Gas Storage Facility; transloading; Crude
Oil Pumping Station and related equipment; a thirty-five (35) foot in height Communication
Tower and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts, provided that the property is not a lot in an
approved or recorded subdivision map or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
E1/2 NE1/4 of Section 21, Township 9 North,
Range 59 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Julie Cozad, 1900 South
Sunset Street, Suite 1.E, Longmont, Colorado, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
/�,��"" ",. /Z/12 2014-3552
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SPECIAL REVIEW PERMIT (USR14-0050) - WADE AND DELAND CASTOR, CIO NOBLE
ENERGY, INC., AND WATTENBERG HOLDING, LLC
PAGE 2
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.
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 proposed East Pony Centralized Oil and Gas
Processing Facility is in an area of Weld County that is very active
with oil and gas wells and associated facilities.
2) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way." The applicant, Noble
Energy, Inc. and Wallenberg Holding, LLC, will be paying for all
on-site and off-site improvements associated with this facility.
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." The East Pony Facility, will minimally
impact surrounding properties since the oil and gas entering and
leaving the site are via pipeline. There will be some initial impacts
during construction, but once the facility is constructed, the
impacts should be minimal. Dust will be controlled with water
during construction of the facility. The nearest residence to the site
is approximately one half mile north of the facility. There are a few
other homes in the area, but all of them are over one half mile
from this site. This proposal has been reviewed by the appropriate
referral agencies and it has been determined that the attached
Conditions of Approval (Lighting and Screening Plans) 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
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Citing the following Weld County Code
Sections, Section 23-3-40.A.2 provides for an Oil and Gas Support and
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SPECIAL REVIEW PERMIT (USR14-0050) - WADE AND DELAND CASTOR, CIO NOBLE
ENERGY, INC., AND WATTENBERG HOLDING, LLC
PAGE 3
Service Facility, including the Pumping Station, the tank farm for storage
of oil and produced water, temporary fresh water ponds;
Section 23-3-40.A.2 provides for the gas processing component;
Section 23-3-40.A.7 provides for the transloading component that is part
of the facility; Section 23-3-40.S provides for any Use permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts, provided that the property is not a lot in an
approved or recorded subdivision plat or part of a plat or plan filed prior to
adoption of any regulations controlling subdivisions including truck load
out facility, crude oil truck unloading and a 35-foot communication tower
in the A (Agricultural) Zone District
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. Surrounding land use
in each direction is dryland agriculture with limited oil and gas
development at this time, and limited residential development. The
Pawnee Buttes are north of this area and per the application materials,
the facility will generate little traffic. The use will be consistent with the
multitude of other oil and gas facilities in the area and compatible with the
few residential land uses that are located in the vicinity.
D. Section 23-2-230.6.4 -- 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 23-2-230.6.5 -- 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 will be sited on approximately
80 acres on lands identified as "Prime," if they become irrigated, per the
1979 Soil Conservation Service Important Farmlands of Weld County
Map. The property has no irrigation water associated with this parcel.
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 health, safety, and
welfare of the inhabitants of the neighborhood and County.
2014-3552
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SPECIAL REVIEW PERMIT (USR14-0050) - WADE AND DELAND CASTOR, C/O NOBLE
ENERGY, INC., AND WATTENBERG HOLDING, LLC
PAGE 4
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Wade and Deland Castor, c/o Noble Energy, Inc., and
Wattenberg Holding, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0050, for Mineral Resource Development Facilities, Oil and Gas Support and
Service, Oil and Gas Processing facilities and related equipment, fresh water ponds to be
utilized for hydraulic field exploration; Centralized Oil and Gas Processing Facility; Oil and Gas
Storage Facility; transloading; Crude Oil Pumping Station and related equipment; a thirty-five
(35) foot in height Communication Tower and any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts, provided that the
property is not a lot in an approved or recorded subdivision map or part of a map or plan filed
prior to adoption of any regulations controlling subdivisions 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 applicant shall address the requirements of the state of Colorado,
Division of Water Resources, as stated in the referral response dated
September 12, 2014.
B. 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:
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.
C. 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.
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SPECIAL REVIEW PERMIT (USR14-0050) - WADE AND DELAND CASTOR, C/O NOBLE
ENERGY, INC., AND WATTENBERG HOLDING, LLC
PAGE 5
D. The applicant shall complete a Nonexclusive License Agreement for the
Upgrade and Maintenance of Weld County Right-of-Way on County Road
(CR) 115 and CR 104.
E. A signed and stamped Drainage Report, dated July 2014, was submitted
by Tetra Tech. The report is acceptable as submitted. The engineer shall
sign the modified Certification of Compliance stating the report was done
in accordance with Weld County Code.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0050.
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) 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. Areas used for storage or trash collection
shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) CR 104 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 verify the existing right-of-way and
the documents creating the right-of-way and this information shall
be noted on the plat. All setbacks shall be measured from the
edge of future right-of-way. If the right-of-way cannot be verified, it
shall be dedicated. This road is maintained by Weld County.
6) The CR 115 Section Line has sixty feet of unmaintained County
line right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be
measured from the edge of right-of-way.
7) The applicant shall complete a Nonexclusive License Agreement
for the upgrade and maintenance of Weld County Right-of-Way on
CR 115.
8) The applicant shall show the approved access(es) on the map and
label with the approved Access Permit number(AP14-00398).
2014-3552
PL2303
SPECIAL REVIEW PERMIT (USR14-0050) - WADE AND DELAND CASTOR, C/O NOBLE
ENERGY, INC., AND WATTENBERG HOLDING, LLC
PAGE 6
9) The applicant shall show and label the Standard Tracking Control
on the plat.
10) The applicant shall label and identify areas of gravel, paving, or
recycled concrete/asphalt and identified parking areas.
11) The applicant shall indicate the flow of traffic within the facility.
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 USR 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 USR 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 be 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 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.
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.
D. A Construction Stormwater Permit is required with the state for disturbing
more than one (1) acre. Contact: Colorado Department of Public Health
and Environment (CDPHE), Water Quality Control Division.
2014-3552
PL2303
SPECIAL REVIEW PERMIT (USR14-0050) - WADE AND DELAND CASTOR, C/O NOBLE
ENERGY, INC., AND WATTENBERG HOLDING, LLC
PAGE 7
6. 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. The applicant
shall submit evidence of acceptance to the Department of Planning
Services.
7. Prior to the issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
Individual Sewage Disposal Regulations. The septic system is required to
be designed by a Colorado registered professional engineer according to
the Weld County On-Site Wastewater Disposal Systems Regulations.
B. The applicant shall submit written evidence of a Commercial Well to the
Department of Public Health and Environment.
8. The Use by Special Review activity shall not occur, nor shall any grading,
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 19th day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �.ddeti r - .c c A21Mc. £-(1)
La% ougll'as Radem cher, Chair
Weld County lerk to the er-r.�i
+o �� XCUSED
Barbara Kirkmeyer, Pro-Tem
Deputy CIeZ to t e Bo1
piet Sean P. Conway
APPROVED AS TO FORM:
n a Mike Fr
A County t orney
m F. Garcia
Date of signature: 1* c7--0/4/
2014-3552
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WADE AND DELAND CASTOR,
C/O NOBLE ENERGY, INC., AND WATTENBERG HOLDINGS, LLC
USR14-0050
1. The Site Specific Development Plan and a Special Review Permit, USR14-0050, for
Mineral Resource Development Facilities, Oil and Gas Support and Service, Oil and Gas
Processing facilities and related equipment, fresh water ponds to be utilized for hydraulic
field exploration; Centralized Oil and Gas Processing Facility; Oil and Gas Storage
Facility; transloading; Crude Oil Pumping Station and related equipment; a thirty-five (35)
foot in height Communication Tower and any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts,
provided that the property is not a lot in an approved or recorded subdivision map or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) 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. The hours of operation are twenty-four hours a day, seven days a week, as stated by the
applicant(s).
4. The property owner or operator shall provide evidence of an 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
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DEVELOPMENT STANDARDS (USR14-0050)-WADE AND DELAND CASTOR, C/O NOBLE
ENERGY, INC., AND WATTENBERG HOLDING, LLC
PAGE 2
10. 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.
11. 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.
12. 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.
13. A current professional engineer certified and signed copy of Spill Prevention, Control
and Countermeasure Plan shall be available on-site, at all times.
14. Adequate drinking, handwashing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
15. 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 Individual Sewage Disposal Systems (I.S.D.S.)
16. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
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. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
19. 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.
20. The historical flow patterns and runoff amounts will be maintained on the site.
21. Weld County is not responsible for the maintenance of on-site drainage related features.
22. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
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DEVELOPMENT STANDARDS (USR14-0050) -WADE AND DELAND CASTOR, CIO NOBLE
ENERGY, INC., AND WATTENBERG HOLDING, LLC
PAGE 3
23. The right-of-way or easement shall be graded and drained to provide an all-weather
access.
24. 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,
Electrical International Energy Code, and 2011 National c trical 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.
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.
26. 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.
27. 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.
28. 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.
29. 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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