HomeMy WebLinkAbout20140893.tiff ti i�l RFC Lif
�li jtl L !� IL
I;i Imo/ LAND USE APPLICATION
O0 C I- v SUMMARY SHEET
Planner: Kim Ogle
Case Number: USR13-0065 Hearing Date: March 4, 2014
Applicant: LG Everist, c/o Lynn Mayer Shults and Dennis Fields
7321 East 88th Avenue, Suite 200, Henderson, CO 80640
and
Plains All American Pipeline, LP c/o Colby Thomas
333 Clay Street, Suite 1600, Houston, TX 77002
Request: A Site Development Plan and Third Amended Use by Special Review (3rd AMUSR-
840) for the expansion of the Niobrara Crude Terminal Rail Transload Facility for
transloading of a commodity from one mode of transportation to another including
rail, truck and pipeline; transloading of commodities and materials, without limitation
for oil and gas industries, including petroleum products and storage related to same,
and load-out of industrial materials, the construction of an on-site rail spur to create
a "rail loop" of onsite track, new offices and support buildings, and related equipment,
and ongoing gravel mining, (sand, gravel and stone), in the (A) Agricultural Zone
District
Legal: Section 1, Township 10 North, Range 67 West; All of Section 35, Township 11 North,
Range 67 West; E2 E2 of Section 27, Township 11 North, Range 67 West of the 6th
P.M., Weld County, Colorado
Location: South of and adjacent to County Road 126; east of and adjacent to County Road 21
and the Union Pacific Railroad mainline track; north of and adjacent to County Road
120
Size of Parcel: +/- 1372.7 Acres
Parcel 0201-27-0-10-003; 0201-27-0-26-001; 0201-27-0-26-002; 0201-27-0-46-001;
Numbers: 0201-27-0-47-001; 0201-35-0-00-007 and 0303-01-00-006
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Department of Building Inspection, referral dated December 27, 2013
• State of Colorado, Division of Water Resources, referral received December 30, 2013
• Weld County Department of Public Works, referral dated January 2, 2014
• Weld County Department of Public Health & Environment, referral dated January 17, 2014
L .Everist,Incorporated and Plains All American Pipeline,L P —USR13-0065
Page 1
The Department of Planning Services' staff has received responses without comment from the
following agencies:
• West Greeley Soil Conservation District, referral dated December 19, 2013
• Weld County Code Compliance, referral dated December 29, 2013
The Department of Planning Services staff did not receive referral responses from these agencies:
• Union Pacific Railroad
• Weld County Sheriffs Office
• Nunn Fire Protection District
• Weld County Schools, RE-9
• State of Colorado Land Board
• Weld County Office of Emergency Management
• State of Colorado, Division of Parks and Wildlife
• State of Colorado, Department of Transportation
• State of Colorado, Division of Mining and Reclamation Safety
• State of Colorado, Department of Public Health and Environment
L .Everist,Incorporated and Plains All American Pipeline,L P —USR13-0065
Page 2
SPECIAL REVIEW PERMIT
, 6L` ADMINISTRATIVE REVIEW
1
Planner: Kim Ogle
Case Number: USR13-0065 Hearing Date: March 4, 2014
Applicant: LG Everist, c/o Lynn Mayer Shults and Dennis Fields
7321 East 88th Avenue, Suite 200, Henderson, CO 80640
and
Plains All American Pipeline, LP c/o Colby Thomas
333 Clay Street, Suite 1600, Houston, TX 77002
Request: A Site Development Plan and Third Amended Use by Special Review (3rd AMUSR-
840) for the expansion of the Niobrara Crude Terminal Rail Transload Facility for
transloading of a commodity from one mode of transportation to another including
rail, truck and pipeline; transloading of commodities and materials, without limitation
for oil and gas industries, including petroleum products and storage related to same,
and load-out of industrial materials, the construction of an on-site rail spur to create
a "rail loop" of onsite track, new offices and support buildings, and related equipment,
and ongoing gravel mining, (sand, gravel and stone), in the (A) Agricultural Zone
District
Legal: Section 1, Township 10 North, Range 67 West; All of Section 35, Township 11 North,
Range 67 West; E2 E2 of Section 27, Township 11 North, Range 67 West of the 6th
P.M., Weld County, Colorado
Location: South of and adjacent to County Road 126; east of and adjacent to County Road 21
and the Union Pacific Railroad mainline track; north of and adjacent to County Road
120
Size of Parcel: +/- 1372.7 Acres
Parcel 0201-27-0-10-003; 0201-27-0-26-001; 0201-27-0-26-002; 0201-27-0-46-001;
Numbers: 0201-27-0-47-001; 0201-35-0-00-007 and 0303-01-00-006
Narrative:
This amendment application addresses the construction of an expansion of a crude oil rail loading
facility and associated improvements operated by Niobrara Crude Terminal, LLC, (NCT) a whole
owned subsidiary of Plains All American Pipeline, L.P. (PAALP). The site was previously approved
for rail transload operations under 2nd AmUSR-840. NCT wishes to expand the existing crude oil rail
loading facility on the site, to include a new administration building, storage buildings, a fire storage
tank, crude oil tanks additional on-site track and associated equipment. Currently the site serves to
transload crude directly from truck to rail. As with the current operation, the oil will originate from local
production and be brought to the facility via crude tanker trucks. Trucks hauling crude oil into the
L .Everist,Incorporated and Plains All American Pipeline,L P —USR13-0065
Page 3
facility will come at different times accessing the site via an existing point from County Road 126.
Trucks will unload their product through one of sixteen truck unloading spots. Each spot is equipped
with dedicated pumps to transfer the crude directly to the trucking customer supplied and maintained
storage tanks. Crude from these tanks will be sampled, metered, and pumped to the NCT crude
storage tanks. Crude will also be supplied to the site from an inbound pipeline. The crude will be
stored in above ground storage tanks in preparation for loading into rail cars.
Rail cars will be brought in as "unit trains" consisting of 104 tank cars with two buffer cars and three
six axle locomotives (about 6,800 ft. in length total). The facility has been designed to accommodate
two unit trains simultaneously, one inbound empty and one outbound full. Provisions have also been
made for future track expansion to accommodate an additional four unit trains and future bulk
transload operations by LGE.
UPRR will deliver a unit train to the facility consisting of 104 empty crude oil tank cars. The UPRR
train crew will depart the facility, and the NCT train crew will operate the train until all tank cars are
loaded. Each tank car to be loaded is inspected, grounded, the hatch is removed, the loading arm
with vent system is inserted into the top of the tank car, secured, and loading starts. The loading rack
will be dual sided, 13 spots each side, totaling 26 loading spots. Provisions have been made to
expand the rack by another 2x13 spots totaling 52 spots. The loading rack will be covered by a metal
framed building to protect the workers from the elements and limit precipitation in the loading area.
Once the tank car is loaded, the loading arm is removed and the hatch is secured. Once all the tank
cars have been loaded, the train is inspected. The UPRR train crew returns to the facility and
prepares for departure. The time for the unit train crude oil loading operation can vary from 12 hours
to 24 hours.
Rail cars will be inspected onsite by the operators of the facility. Inspections are mandated by the
railroad. Bad order tracks will be constructed to store and repair cars that do not pass inspection
requirements.
Containment of the four 150-foot diameter, 48-feet tall, crude oil tanks oil tanks on-site will consist of
a primary and secondary containment. Tanks will be built on top of a concrete ring wall which has a
flexible membrane liner that will be placed inside the ring wall foundation under that tank bottom to
prevent leaks. The surface where the liner is placed is sloped to bring any captured liquid toward the
ring wall where a drain pipe is located. Secondary containment will be an earth berm built around the
tanks.
Overhead lighting will be located around the tanks, the rail loading area, the truck loading area, and
the meter skids. The proposed loading facility will operate 24 hours a day, 7 days a week, 365 days
a year and will employ 20 persons each 12-hour shift for the Plains Niobrara Crude Terminal.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST
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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
L .Everist,Incorporated and Plains All American Pipeline,L P —USR13-0065
Page 4
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinances in effect.
Section 22-2-80.C.2 (.Policy 3.2 states, "The land use applicant should demonstrate
that the roadway facilities associated with the proposed industrial development are
adequate in width, classification and structural capacity to serve the development
proposal."
County Road 126 is classified as a collector road and is the designated haul route for
this facility. The property owner and applicant (L.G. Everist) have an existing long-
term Road Maintenance Improvement Agreement for impacts to County Road 126,
reference Document Number 2011-0050.
Section 22-2-80.E. (.Goal 5. states, "New industrial uses or expansion of existing
industrial uses should meet existing federal, state and local policies and legislation."
Further, (.Policy 5.1. Industrial uses should be evaluated using criteria, including but
not limited to the effect the industry would have on air and water quality, natural
drainage ways, soil properties and natural patterns and suitability of the land; (.Policy
5.2. Development improvements should minimize permanent visual scarring from
grading, road cuts and other site disturbances. Require stabilization and landscaping
of final land forms, and that runoff be controlled at historic levels."
The applicant will be required to submit an approved Drainage Report and supporting
construction drawings to address stormwater and drainage issues associated with
the development of this site. Further, the applicant will be required to obtain a
grading permit if more than one (1) acre is disturbed prior to construction which will
include at a minimum an erosion and sediment control plan, a grading plan,
installation details of all BMPs to be utilized, typical installation and maintenance
notes for all BMPs to be utilized, and a copy of the approved CDPHE stormwater
permit. The proposed amendment to the existing permit meets the existing federal,
state and local requirements. The transload facility expands on the existing
infrastructure to capture a developing market in this area of the County.
Section 22-2-80.F. (.Goal 6. states "Minimize the incompatibilities that occur between
industrial uses and surrounding properties."
The incompatibilities that occur between the proposed industrial use as a transload
yard and the surrounding properties are minimized due to various factors. The
closest distance the transload yard will be from neighboring properties is to the west,
where the facility is approximately 2000 feet to the nearest residence. The Union
Pacific mainline and County Road 21 are between this residence and the permitted
boundary. Furthermore, there is an earthen berm in place along the west side of the
property which shields surrounding landowners and roads from visual and noise
related impacts. This is an expansion to the current transload facility and on-going
mining activity. As this is an industrial facility, a security fence with limited points of
access is to be installed at the site's perimeter, and a Lighting plan is required
demonstrating that the site lighting will be downcast and shielded and utilized for
nighttime security and emergency work only. Further, any source of light, either
directed or reflected light, on site shall be shielded so that light rays will not shine
directly onto adjacent properties, including public rights-of-way where such would
cause a nuisance or interfere with the use of the adjacent properties, including the
L.G.Everist,Incorporated and Plains All American Pipeline,L P —USR13-0065
Page 5
potential to create a traffic hazard to operators of motor vehicles on the adjacent road
systems. The mining operation has been on-site for over 20-years and the
proposed addition of improvements to the transload facility will not cause any
significant changes for the surrounding property owners. The applicant proposes no
changes to the existing noxious weed control plan or waste disposal plan.
Section 22-2-80.G. I.Goal.7 states "Recognize the importance of railroad
infrastructure to some industrial uses." Section 22-2-80.G.1 (.Policy 7.1 states
"Support the continued and expanded use of existing railroad infrastructure for
industrial uses."
The proposed facility will utilize the Union Pacific railroad mainline and two private
internal rail loop track spurs within the property boundary. The spurs are being
constructed by contractors for use in this expanding petroleum (crude oil) transload
facility. A crude oil rail loading facility will contribute to the expansion of the County's
industrial economic base by providing increased capacity to an essential function in
the marketing of oil produced in Weld County.
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 request for a Site Development Plan and Use by Special Review for transloading
of a commodity from one mode of transportation to another including rail, truck and
pipeline; transloading of commodities and materials, without limitation for oil and gas
industries, including petroleum products and storage related to same, and load-out of
industrial materials, the construction of an on-site rail spur to create a "rail loop" of
onsite track, new offices and support buildings, and related equipment is
necessitated by the need to move larger volumes of petroleum products due to the
recent increases in drilling activity and projected additional production increases
anticipated by producers, and further allows for ongoing gravel mining, (sand, gravel
and stone)the historic use on the property.
Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations
conform to federal, state and local environmental standards."
Mining operations will continue on site unimpeded by transload operations. The
remaining areas to be mined are primarily to the south of the transload use area and
associated infrastructure. Aggregate hauling, processing or other related mining
operations will occur in separate areas including the on-site haul routes.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A)
Agricultural Zone District.
Section 23-3-40.A.3 and Section 23-3-40.A.7 of the Weld County Code provides for a
Site Development Plan and Third Amended Use by Special Review for a proposed
rail transload yard for the transferring a commodity from one (1) mode of
Transportation to another whose primary activity includes the following kinds of
USES: a. Rail and truck transloading (rail loading) of commodities and materials,
including, without limitation, those for the agricultural and oil and gas industries, and
L .Everist,Incorporated and Plains All American Pipeline,L P —USR13-0065
Page 6
including but not limited to industrial materials, grains, petroleum products, sand, pipe
and storage related to the same, and the extension of the existing on-site rail track to
create several "rail loop" and siding areas of onsite track and ongoing Gravel Mining,
(sand, gravel and stone), in the Agricultural Zone District
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The site is surrounded by agricultural rangeland and rural residential uses. The
Union Pacific railroad main track and the private spur and internal rail into the
property are existing, the proposed expansion of the private rail is internal to the
property. The previously approved landscape and screening plan addresses
screening of adjacent properties from the Transload facility and the gravel mining
operation. Development standards and conditions of approval will ensure that the
proposed amendment to the current operation will be compatible with existing
surrounding land uses. The Department of Planning Services has received one
telephone call from an interested property owner who requested a copy of the
application. Prior to this hearing no additional inquiries have been received.
D. Section 23-2-220.A.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 proposed site is not located within the 3-mile referral areas of a municipality or
County. The property is located within one-half('/) mile of the unincorporated Town
of Carr.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld
County Code.
The proposal is not located within the Flood Hazard Overlay District area as
delineated on FIRM Community Panel Map 080266 00025 C and 080266 0175 C
dated September 28, 1982. The site is however adjacent to the west of the
unmapped Lone Tree Creek.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The subject site has a limited amount of prime agricultural land. The parcel is
designated as High Potential Dryland and "Irrigated Land (Not Prime.)' land as
delineated on the Important Farmlands of Weld County map, dated 1979. None of
the subject parcel is identified as "Prime" agricultural land. The area has historically
been utilized as pasture land and dryland agriculture pre mining, and post mining
L .Everist,Incorporated and Plains All American Pipeline,L P —USR13-0065
Page 7
area(s) have been reclaimed per the approved Reclamation Plan. There is no
irrigation water associated with this parcel.
G. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240 of the Weld County
Code), Operation Standards (Section 23-2-250 of the Weld County Code),
Conditions of Approval, and Development Standards ensure that there are adequate
provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
H. Section 23-4-250 -- Additional requirements for Open-mining has been addressed
through this application and the Development Standards will ensure compliance with
Section 23-4-250 Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
1. The West Greeley Soil Conservation District has provided information regarding the soils on
the site. The applicant shall review the information and use it to positively manage on site
soils. (West Greeley Soil Conservation District)
The Department of Planning Services recommends that the following conditions of approval and
development standards be attached:
1. Prior to recording the plat:
A. The applicant shall address the concerns of the State of Colorado Division of Water
Resources referral dated December 30, 2013, specific to the purported water supply
for the facility. (Department of Planning Services)
B. The applicant shall address the requirements (concerns) of the Department of Public
Works, as stated in their referral response dated January 2, 2014. Evidence of
approval shall be submitted in writing to the Department of Planning Services.
(Department of Public Works)
C. The applicant shall submit a Lighting Plan for review and approval. (Department of
Planning Services)
D. The applicant shall submit a Screening Plan to mitigate the potential off-site impacts
associated with this facility for review and approval. (Department of Planning
Services)
E. The Plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0065. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code. (Department of Planning Services)
L .Everist,Incorporated and Plains All American Pipeline,L P —USR13-0065
Page 8
4. County Road 126 is designated on the Weld County Road Classification Plan
as a Collector road, which requires 80 feet of right-of-way at full build out.
There is presently 60 feet of right-of-way. An additional 10 feet shall be
delineated on the plat as future County Road 126 right-of-way. All setbacks
shall be measured from the edge of future right-of-way. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way.
If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. (Department of Public Works)
5. County Road 120 is designated on the Weld County Road Classification Plan
as a local gravel road, which requires 60 feet of right-of-way at full build out.
The applicant shall verify the existing right-of-way and the documents
creating the right-of-way. 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. County Road 120 is maintained by Weld County. (Department of
Public Works)
6. The existing Union Pacific railroad right-of-way and recording information of
said right-of-way referenced and delineated. (Department of Planning
Services)
7. Show the approved access on the plat and label it with the approved access
permit number AP13-00413. (Department of Public Works)
8. Delineate sixty (60) parking spaces for employees and vendors adjacent to
the Administration Building. (Department of Planning Services)
9. The approved Lighting Plan. (Department of Planning Services)
10. The approved Screening Plan. (Department of Planning Services)
11. The location of the easement for inbound and/or outbound crude oil or similar
petroleum product pipeline(s) associated with the facility. (Department of
Planning Services)
12. Delineate all on-site parking, internal circulation pattern, including truck
loading areas, vendor parking and any improvements to the point of ingress
and egress onto County Road 126, as approved by the Department of Public
Works and Department of Planning Services. (Department of Planning
Services)
13. The location of any on-site signs. (Department of Planning Services)
14. All exterior lighting that is a part of this facility, all light standards shall be
delineated in accordance with Section 23-3-250.B.6 of the Weld County
Code. (Department of Planning Services)
15. Oil and Gas setbacks shall be delineated on the plat per the Weld County
Code. (Department of Planning Services)
16. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be screened
from adjacent public rights-of-way and all adjacent properties. These areas
L .Everist,Incorporated and Plains All American Pipeline,L P —USR13-0065
Page 9
shall be designed and used in a manner that will prevent wind or animal
scattered trash. (Department of Planning Services)
17. Delineate all recorded easements, and label with Book & Page or Reception
number. (Department of Planning Services)
2. Prior to the issuance of a building permit:
A. An individual sewage disposal system 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 Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class
V Injection Well permit from the Environmental Protection Agency (EPA) for any
large-capacity septic system (a septic system with the capacity to serve 20 or more
persons per day). Alternately, the applicant can provide evidence from the EPA that
they are not subject to the EPA Class V requirements. (Department of Public Health
and Environment)
C. Submit documentation demonstrating that the secondary containment to be
constructed around the aboveground tanks complies with the Colorado Oil and Gas
Conservation Commission's Rule 604. (Department of Public Health and
Environment)
3. Prior to construction:
A. 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. (Department of Public Health and
Environment)
B. A building and electrical permit will be required, per Section 29-3-10 of the Weld
County Code, for any new above ground structures. (Department of Building
Inspection)
C. A building permit application must be completed and two complete sets of
engineered plans including engineered foundation plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review. (Department
of Building Inspection)
D. Buildings, equipment and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently the following has been
adopted by Weld County: 2012 International Building Code; 2012 International
Mechanical Code; 2012 International Plumbing Code: 2006 International Energy
Code; 2012 International Fuel Gas Code; 2011 National Electrical Code; 2009 ANSI
117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
E If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required prior to the start of any construction. (Department of Public Works)
L .Everist,Incorporated and Plains All American Pipeline,L P —USR13-0065
Page 10
4. One month prior to operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall
be provided to Environmental Health Services Division of the Weld County
Department of Public Health & Environment.
5. Prior to the issuance of a Certificate of Occupancy:
A. The applicant shall submit evidence of all constructed and operational commercial
well(s)to be utilized for potable water associated with the facility. (Department of
Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Department of Planning Services)
7. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by Department of Planning Services' Staff.
The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. (Department of Planning Services)
8. The attached Development Standards for the Amended Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording. The completed plat shall
be delivered to the Weld County Department of Planning Services and be ready for recording
in the Weld County Clerk and Recorder's Office within 60 days of approval by the Board of
County Commissioners. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
9. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the
plat not be recorded within the required sixty (60) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each
additional 3 month period. (Department of Planning Services)
L .Everist,Incorporated and Plains All American Pipeline,L P —USR13-0065
Page 11
SITE SPECIFIC DEVELOPMENT PLAN
THIRD AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LG Everist, Inc.
Plains All American Pipeline, L.P.
USR13-0065
1. A Site Development Plan and Third Amended Use by Special Review (3rd AMUSR-840) for
the expansion of the Niobrara Crude Terminal Rail Transload Facility for transloading of a
commodity from one mode of transportation to another including rail, truck and pipeline;
transloading of commodities and materials, without limitation for oil and gas industries,
including petroleum products and storage related to same, and load-out of industrial
materials, the construction of an on-site rail spur to create a "rail loop" of onsite track, new
offices and support buildings, and related equipment, and ongoing gravel mining, (sand,
gravel and stone), in the (A) Agricultural Zone District, subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination. (Department of Public
Health and Environment)
4. 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, 30-20-100.5, C.R.S., as amended. (Department of Public
Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
The applicant shall operate in accordance with the approved "waste handling plan".
(Department of Public Health and Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved "dust abatement plan" at all times.
(Department of Public Health and Environment)
7. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the
facility area in a manner that will prevent nuisance conditions. (2ndAmUSR-840)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in Section 14-9-30 of the Weld County Code or all applicable State noise
statutes and/or regulations. (Department of Public Health and Environment)
9. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. (Department of Public Health and Environment)
10. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. (Department of Public Health and
Environment)
L .Everist,Incorporated and Plains All American Pipeline,L P —USR13-0065
Page 12
11. A Spill Prevention Control and Countermeasure plan shall be kept on site, at all times.
(Department of Public Health and Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. (Department of Public Health and Environment)
13. 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. (Department of Public Health and Environment)
14. In the event the facility's water system serves more 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1).
(Department of Public Health and Environment)
15. Portable toilets may be utilized on sites that are temporary locations of the working face.
Bottled water shall be provided to employees at the temporary locations of the working face
at all times. (2ndAmUSR-840)
16. All potentially hazardous chemicals must be stored and 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). (Department of Public
Health and Environment)
17. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
18. The number of on-site employees shall be commensurate with the number of persons which
the septic system may accommodate in accordance with the requirements of the Weld
County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations.
(Department of Planning Services)
19. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Reclamation Mining and Safety. (Department of Planning Services)
20. The operation shall comply with the Mine Safety and Health Act. (MSHA). (Department of
Planning Services)
21. The operation shall comply with the Occupational Safety and Health Act. (OSHA)
(Department of Planning Services)
22. 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 constructed as traffic control
devices. (Department of Planning Services)
23. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of day light except in the case of public or private emergency
or to make necessary repairs to equipment. Hours of operation in the winter months
(November through April) will be from 7AM to 5PM and in the summer months (May through
October) will be 7AM to 7PM. Hours of operation may be extended with specific permission
from the Weld County Board of County Commissioners. This restriction shall not apply to
L.G.Everist,Incorporated and Plains All American Pipeline,L.P.-USR13-0065,
Page 13
operation of administrative and executive offices or repair and maintenance facilities located
on the property. (Department of Planning Services)
24. The Transload facility will operate 24 hours a day seven days a week. (Department of
Planning Services)
28. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site. (Department of Planning Services)
29. Existing trees and ground cover along public road frontage and drainage ways shall be
preserved, maintained, and supplemented, if necessary, for the depth of the setback in order
to protect against and/or reduce noise, dust, and erosion. (Department of Planning Services)
30. 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 Section 15-1-180. (Department of Public Works)
31. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas. (Department of Planning Services)
32. The historical flow patterns and run-off amounts will be maintained on site. (Department of
Public Works)
33. The site must take into consideration storm water capture/quantity and provide accordingly
for best management practices. (Department of Public Works)
34. A Building permit may be required, per Section 29-3-10 of the Weld County Code. Currently
the following has been adopted by Weld County: 2012 International Codes;; 2006
International Energy Code; 2011 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
a open hole inspection. (Department of Building Inspection)
35. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County-wide Road Impact Program. (Department of Planning Services)
36. Building Permits issued on the proposed lots, will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning
Services)
37. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
38. The approved site lighting shall adhere to the approved Lighting Plan. (Department of
Planning Services)
39. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240 of the Weld County Code.
40. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250 of the Weld County Code.
41. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
L.G.Everist,Incorporated and Plains All American Pipeline,L.P.-USR13-0065,
Page 14
42. Personnel from the Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
43. The 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.
44. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review
has not commenced from the date of approval or is discontinued for a period of three (3)
consecutive years, it shall be presumed inactive. The county shall initiate an administrative
hearing to consider whether to grant an extension of time to commence the use or revoke the
Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow
the procedures and requirements of Division 4 of the Weld County Code in order to reestablish
any Use by Special Review. (Department of Planning Services)
45. 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. (Department of
Planning Services)
46. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run
agricultural activities will generate off-site impacts, including noise from tractors and equipment;
slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel
roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and
mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife;
and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is
common practice for agricultural producers to utilize an accumulation of agricultural machinery
and supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas of the
County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to
be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic
to assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
L.G.Everist,Incorporated and Plains All American Pipeline,L.P.-USR13-0065.
Page 15
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is
usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the
same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is
important, not only for their safety, but also for the protection of the farmer's livelihood
L.G.Everist,Incorporated and Plains All American Pipeline,L.P.-USR13-0065.
Page 16
LG.6verisG Incorporrted and Plains All American Pipeline,LP.—USH13 0065,
Page 16
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970)304-6498
r �
February 04, 2014
SHULTS LYNN
7321 E 88TH AVE STE 200
HENDERSON, CO 80640
OLIVIER EMMANUEL
PLAINS ALL-AMERICAN PIPELINE COMPANY
333 CLAY ST
HOUSTON TX 77007
Subject: USR13-0065 - A SITE DEVELOPMENT PLAN AND THIRD AMENDED USE BY SPECIAL
REVIEW (3RD AMUSR-840) FOR THE EXPANSION OF THE NIOBRARA CRUDE TERMINAL RAIL
TRANSLOAD FACILITY FOR TRANSLOADING OF A COMMODITY FROM ONE MODE OF
TRANSPORTATION TO ANOTHER INCLUDING RAIL, TRUCK AND PIPELINE; TRANSLOADING OF
COMMODITIES AND MATERIALS, WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES,
INCLUDING PETROLEUM PRODUCTS AND STORAGE RELATED TO SAME, AND LOAD-OUT OF
INDUSTRIAL MATERIALS, THE CONSTRUCTION OF AN ON-SITE RAIL SPUR TO CREATE A RAIL
LOOP OF ONSITE TRACK, NEW OFFICES AND SUPPORT BUILDINGS, AND RELATED
EQUIPMENT, AND ONGOING GRAVEL MINING, (SAND, GRAVEL AND STONE), IN THE
AGRICULTURAL ZONE DISTRICT
On parcel(s)of land described as:
SECTION 1, T10N, R67W; AND ALL OF SECTION 35, T11N, R67W; W2 SECTION 26, T11N, R67W;
E2D2 OF SECTION 27, T11N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 4, 2014, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on March 26, 2014 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Fuson:I am the author of thisdowment
Date:2014.02.04 08:05:21-07'00'
Kim Ogle
Planner
h N DEPARTMENT OF PLANNING SERVICES
i fi 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
r. PHONE: (970)353-6100, Ext. 3549
X ? FAX: (970)304-6498
December 19, 2013
SHULTS LYNN
7321 E 88TH AVE STE 200
HENDERSON, CO 80640
OLIVIER EMMANUEL
PLAINS ALL-AMERICAN PIPELINE COMPANY
333 CLAY ST
HOUSTON TX 77007
Subject: USR13-0065 - A SITE DEVELOPMENT PLAN AND THIRD AMENDED USE BY SPECIAL
REVIEW (3RD AMUSR-840) FOR THE EXPANSION OF THE NIOBRARA CRUDE TERMINAL RAIL
TRANSLOAD FACILITY FOR TRANSLOADING OF A COMMODITY FROM ONE MODE OF
TRANSPORTATION TO ANOTHER INCLUDING RAIL, TRUCK AND PIPELINE; TRANSLOADING OF
COMMODITIES AND MATERIALS, WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES,
INCLUDING PETROLEUM PRODUCTS AND STORAGE RELATED TO SAME, AND LOAD-OUT OF
INDUSTRIAL MATERIALS, THE CONSTRUCTION OF AN ON-SITE RAIL SPUR TO CREATE A
tRAIL LOOPt OF ONSITE TRACK, NEW OFFICES AND SUPPORT BUILDINGS, AND RELATED
EQUIPMENT, AND ONGOING GRAVEL MINING, (SAND, GRAVEL AND STONE), IN THE
AGRICULTURAL ZONE DISTRICT
On parcel(s)of land described as:
SECTION 1, TOWNSHIP 10 NORTH, RANGE 67 WEST; AND ALL OF SECTION 35, TOWNSHIP 11
NORTH, RANGE 67 WEST; W2 SECTION 26, TOWNSHIP 11 NORTH, RANGE 67 WEST; E2 E2 OF
SECTION 27, TOWNSHIP 11 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY,
COLORADO
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Randem
"�•,',,,,'�114,/^ F2ason:I am the author of thisdocument
Date:2013.12.1914:23:06-07'00'
Kim Ogle
Planner
FIELD CHECK Inspection Date: February 13, 2014
Case Number: USR13-0065
Applicant: LG Everist, c/o Lynn Mayer Shults and Dennis Fields
Plains All American Pipeline, LP do Colby Thomas
Request: A Site Development Plan and Third Amended Use by Special Review (3rd AMUSR-840)
for the expansion of the Niobrara Crude Terminal Rail Transload Facility for transloading
of a commodity from one mode of transportation to another including rail, truck and
pipeline; transloading of commodities and materials, without limitation for oil and gas
industries, including petroleum products and storage related to same, and load-out of
industrial materials, the construction of an on-site rail spur to create a "rail loop" of onsite
track, new offices and support buildings, and related equipment, and ongoing gravel
mining, (sand, gravel and stone), in the (A)Agricultural Zone District
Legal: Section 1, Township 10 North, Range 67 West; All of Section 35, Township 11 North,
Range 67 West; E2 E2 of Section 27, Township 11 North, Range 67 West of the 6th
P.M., Weld County, Colorado
Location: South of and adjacent to County Road 126; east of and adjacent to County Road 21 and
the Union Pacific Railroad mainline track; north of and adjacent to County Road 120
Size of Parcel: +/- 1372.7 Acres
Zoning Land Use
N Agriculture N Rural Residential/Dryland Agriculture
E Agriculture E Lone Tree Creek, Dryland Agriculture
S Agriculture S Dryland Agriculture
W Agriculture W Townsite of Carr, Rural Residential/ Dryland Agriculture
Comments:
The site is surrounded by agricultural rangeland and rural residential uses. The Union Pacific railroad
main track and the private spur and internal rail into the property are existing. There is currently a
transload facility in operation on site and the south part of the site is being mined by LG Everist. Access
is via a gravel/all-weather road from CR 126 a paved two lane road. There are existing improvements on
site, including office(s), truck scale, outbuildings, fueling areas and other support equipment and vehicles
associated with the mine activities
Signa(ufl'
A Outbuilding(s)
m Access to Property
,❑ Site Distance
Note any commercial business/commercial vehicles that are operating from the site.
Hello