HomeMy WebLinkAbout20140892.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Nick Berryman,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR13-0065
APPLICANT: L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PLANNER: KIM OGLE
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
AGRICULTURAL ZONE DISTRICT
LEGAL DESCRIPTION: SECTION 1, T10N, R67W; AND ALL OF SECTION 35, T11N, R67W; E2E2 OF
SECTION 27,T11N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 126; EAST OF AND ADJACENT TO CR 21;
EAST OF AND ADJACENT TO THE UNION PACIFIC RAILROAD TRACK.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
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 I.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, I.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; I.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."
EXHIBIT
�o / - o o
RESOLUTION USR13-0065
L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PAGE 2
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 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,
RESOLUTION USR13-0065
L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PAGE 3
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 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(1/2)mile of the unincorporated Town of Carr.
RESOLUTION USR13-0065
L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PAGE 4
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 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 Planning Commission 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)
RESOLUTION USR13-0065
L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PAGE 5
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)
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)
RESOLUTION USR13-0065
L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PAGE 6
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 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)
RESOLUTION USR13-0065
L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PAGE 7
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)
4. One month prior to operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall belxaicbd
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)
Motion seconded by Joyce Smock.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
RESOLUTION USR13-0065
L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PAGE 8
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 4, 2014.
Dated the 4th of March, 2014.
I� �J Digitally signed by Kristine
9� t>t�7` zirt_ Ranslem
Date:2014.03.10 09:24:58-06'00'
Kristine Ranslem
Secretary
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)
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)
RESOLUTION USR13-0065
L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PAGE 10
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 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)
25. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Department of Planning Services)
RESOLUTION USR13-0065
L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PAGE 11
26. 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)
27. 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)
28. Where topsoil is removed,sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
29. The historical flow patterns and run-off amounts will be maintained on site. (Department of Public
Works)
30. The site must take into consideration storm water capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
31. 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)
32. 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)
33. 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)
34. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
35. The approved site lighting shall adhere to the approved Lighting Plan. (Department of Planning
Services)
36. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
38. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
39. 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.
40. 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.
RESOLUTION USR13-0065
L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PAGE 12
41. 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)
42. 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)
43. 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 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.
RESOLUTION USR13-0065
L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PAGE 13
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,sandburs,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
2t rybitiwte,
EXHIBIT
Vote: Motion carried by unanimous roll call vote (summary: Yes=6).
Yes: Bruce Sparrow, Jason Maxey, Joyce Smock, Mark Lawley, Michael Wailes, Nick Ber r /'
Brad Yatabe, County Attorney, said that the Planning Commission may open USR13-0063 to make any
amendments to the resolution.
Motion: Open up USR13-0063 to revisit amendments, Moved by Jason Maxey, Seconded by Bruce
Sparrow. Motion carried unanimously.
The Chair called the case into record:
CASE NUMBER: USR13-0063
APPLICANT: DCP MIDSTREAM
Motion: Amend Development Standard 3 to read "The applicant will not alter historical flow patterns and
run-off amounts", Moved by Jason Maxey, Seconded by Bruce Sparrow. Motion carried unanimously.
CASE NUMBER: USR13-0065
APPLICANT: L G EVERIST INC AND ALL AMERICAN PIPELINE L.P.
PLANNER: KIM OGLE
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 AGRICULTURAL ZONE DISTRICT
LEGAL DESCRIPTION: SECTION 1, T10N, R67W; AND ALL OF SECTION 35, T11 N, R67W; E2E2 OF
SECTION 27,T11N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 126; EAST OF AND ADJACENT TO CR
21; EAST OF AND ADJACENT TO THE UNION PACIFIC RAILROAD TRACK.
Kim Ogle, Planning Services, presented Case USR13-0065, reading the recommendation and comments
into the record. Mr. Ogle noted that three phone calls were received citing concerns regarding property
values, vicinity of the railroad track and general inquiry on the permit. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Sparrow asked if all the oil will be brought in by truck. Mr. Ogle said that it will be brought
in by truck and pipeline. He added that there is a proposed low-pressure pipeline to the site.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
William Edwards, Plains All American, 333 Clay Street, Suite 690, Easton, Texas, stated that they have
seven (7) facilities similar to this across the country. He added that they have been awarded the Product
Stewardship award by BNSF, recognizing their safe operations. All of the rail cars meet or exceed the
regulatory standards.
Commissioner Sparrow asked what percentage of oil will come in by pipeline. Mr. Edwards said it is hard
to say since the pipeline is through a third party but thought that maybe half of the oil will be by pipeline.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
a ON— 0eM
Pat Staples, 19706 East Druhard Drive, Aurora, Colorado, stated that she is a landowner that is fairly
close to this site and is concerned with getting access to her property behind the railroad track. She
understands that there will be a second spur as well and is concerned with getting access to her property
as well as the impact from the traffic County Road 126.
The Chair asked for clarification on her access. Ms. Staples stated that she crosses one railroad now
and understands that she will have two railroad crossings and is concerned if she is able to go over
crossings.
Commissioner Smock asked what the land is currently. Ms. Staples said that it is agricultural but they do
have a CRP contract and are letting it go back to its natural state.
The Chair asked Mr. Carroll to address the maintenance on County Road 126. Mr. Carroll said that they
do understand that it is a highly truck traveled road and they do perform maintenance on the road every
year. He added there are facilities in the area that they have Road Maintenance Agreements with on
County Road 126 as well.
Mr. Edwards said that because this is a Union Pacific track they need to keep rail cars moving so there
won't be any rail cars sitting on the spurs. He said that there might be a 10 to 15 minute wait while the
train is coming onto or leaving the terminal. To answer Ms. Staples questions, Mr. Edwards stated that
she will be able to drive over the railroad spurs.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR13-0065 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Nick Berryman, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow, Jason Maxey, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER: USR13-0067
APPLICANT: RONALD PAPPENHEIM, 0/O BILL BARRETT CORPORATION
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT AND SERVICE, INCLUDING OIL AND GAS PROCESSING
FACILITIES AND RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED
TO, THREE (3) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR
WHICH COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO
MARKET AND ONE TWENTY-FIVE FOOT COMMUNICATIONS TOWER IN
THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: SUBX13-0026; BEING PART OF THE N2NW4 OF SECTION 23, T6N, R62W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 68; APPROXIMATELY 3700 FEET WEST
OF CR 83.
Kim Ogle, Planning Services, presented Case USR13-0067, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Doug Dennison, Bill Barrett Corporation, 6513 W 4t" Street, Greeley, stated that they are proposing a gas
processing facility including three compressor units and associated equipment and a 25 foot
7
Hello