HomeMy WebLinkAbout20143553.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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: USR14-0050
APPLICANT: WADE CASTOR AND DELAND CASTOR, CIO NOBLE ENERGY INC. AND
WATTENBERG HOLDING LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,OIL AND GAS
SUPPORT AND SERVICE, (OIL AND GAS PROCESSING FACILITIES AND
RELATED EQUIPMENT, FRESH WATER PONDS TO BE UTILIZED FOR
HYDRAULIC FIELD EXPLORATION;CENTRALIZED OIL AND GAS PROCESSING
FACILITY; OIL AND GAS STORAGE FACILITY;TRANSLOADING;A CRUDE OIL
PUMPING STATION AND RELATED EQUIPMENT;A THIRTY-FIVE(35)FOOT IN
HEIGHT COMMUNICATIONS TOWER AND ANY USE PERMITTED ASA USE BY
RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
MAP OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: E2NE4 SECTION 21, T9N, R59W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 104, WEST OF AND ADJACENT TO CR
115 SECTION LINE.
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 ordinance in effect.
Section 22-5-100.A. (OG.Goal 1.) states "Promote the reasonable and orderly exploration
and development of oil and gas mineral resources;" The proposed East Pony Centralized
Oil and Gas Processing facility is in an area of Weld County that is very active with oil and
gas wells and associated facilities.
Section 22-2-80 D. I.Goal 4. of the Weld County Code states:"All new industrial development
should pay its own way."
The applicant, Noble Energy Inc. and Wattenberg Holding LLC, will be paying for all on-site
and offsite improvements associated with this facility."
Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that
these basic rights and protections allow the free market to prosper and grow the local
economy."
The East Pony facility, will minimally impact surrounding properties -- .
entering and leaving the site is via pipeline. There will be some i EXHIBIT
construction, but once the facility is constructed, the impacts shoul
will be controlled with water during construction of the facility. The IA
the site is approximately one half mile north of the facility. There ar
in the area, but all of them are over one half mile from this site 7:—/--5-4-D `-
RESOLUTION USR14-0050
WADE CASTOR AND DELAND CASTOR, C/O NOBLE ENERGY INC.AND WATTENBERG HOLDING LLC
PAGE 2
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval (Lighting and Screening Plans) and
Development Standards ensure that there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and County, and will
address and mitigate impacts on the surrounding area
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.
Citing the following Code Sections, Section 23-3-40.A.2 of the Weld County Code provides
for an Oil and Gas Support and Service facility, including the pumping station,the tank farm
for storage of oil and produced water, temporary fresh water ponds; Section 23-3-40.A.2
provides for the gas processing component; Section 23-3-40.A.7 provides for the transload
component that is part of the facility; Section 23-3-40.S provides for any use permitted as a
Use by Right, an accessory use, or a Use by Special Review in the commercial or industrial
zone districts, provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a plat or plan filed prior to adoption of any regulations controlling
subdivisions including truck load out facility, crude oil truck unloading and a 35 foot
communications tower in the A(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.
Surrounding land use in each direction is in dryland agriculture with limited oil and gas
development at this time, and limited residential development. The Pawnee Buttes are
north of this area and per the application materials, the facility will generate little traffic.
The use will be consistent with the multitude of other oil and gas facilities in the area and
compatible with the few residential land uses that are located in the vicinity.
D. Section 23-2-220.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 site is not located within a three(3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
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 proposed facility will be sited on approximately 80 acres on lands identified as Prime if
they become Irrigated per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map.
The property has no irrigation water associated with this parcel.
RESOLUTION USR14-0050
WADE CASTOR AND DELAND CASTOR, C/O NOBLE ENERGY INC. AND WATTENBERG HOLDING LLC
PAGE 3
G. Section 23-2-220.A.7—There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code), Operation Standards(Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
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.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the requirements of the State of Colorado, Division of Water
Resources, as stated in the referral response dated September 12,2014.(Colorado Division of
Water Resources)
B. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number).
4) Solids and sediment will accumulate in the storage tanks. The waste handling plan
shall include a detailed plan that describes the method of how those solids will be
removed, including all on-site handling procedures.
5) The waste handling plan shall provide a commitment to notify the Weld County
Department of Public Health and Environment in writing, in the event the plan is
amended. The plan shall be reviewed and approved by the Weld County Department
of Public Health and Environment. (Department of Environmental Health)
C. An Improvements Agreement and road maintenance agreement is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included. (Department of Planning Services - Engineer)
D. The applicant shall complete a Nonexclusive License Agreement for the Upgrade and
Maintenance of Weld County Right-of-Way on County Road 115 and County Road 104.
(Department of Planning Services - Engineer)
E. A signed and stamped drainage report, dated July 2014, was submitted by Tetra Tech. The
report is acceptable as submitted. The engineer shall sign the modified Certification of
Compliance stating the report was done in accordance with Weld County Code. (Department
of Planning Services- Engineer)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0050 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
RESOLUTION USR14-0050
WADE CASTOR AND DELAND CASTOR, C/O NOBLE ENERGY INC.AND WATTENBERG HOLDING LLC
PAGE 4
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or
trash collection shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. (Department of Planning Services)
5. County Road 104 is designated on the Weld County Road Classification Plan as a local
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 and this information
shall be noted on the plat. All setbacks shall be measured from the edge of future right-
of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. (Department of Planning Services- Engineer)
6. The County Road 115 Section Line has 60 feet of unmaintained County line right-of-way.
The applicant shall verify the existing right-of-way and the documents creating the right-
of-way and this information shall be noted on the plat. All setbacks shall be measured
from the edge of right-of-way. (Department of Planning Services- Engineer)
7. The applicant shall complete a Nonexclusive License Agreement for the Upgrade and
Maintenance of Weld County Right-of-Way on CR 115. (Department of Planning
Services- Engineer)
8. Show the approved access(es) on the map and label with the approved access permit
number(AP14-00398). (Department of Public Works)
9. Show and label the standard tracking control on the USR map. (Department of Planning
Services- Engineer)
10. Label and identify areas of gravel, paving, or recycled concrete/asphalt and identified
parking areas (Department of Planning Services - Engineer)
11. Indicate the flow of traffic within the facility. (Department of Planning Services -
Engineer)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copy or
one(1) electronic copy (.pdf)of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the USR map the applicant shall submit a Mylar map along with
all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map
shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3, approved April 30,2012, should the USR
map not be recorded within the required one hundred twenty(120)days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review,as appropriate. Acceptable CAD formats are.dwg, .dxf, and .dgn (Microstation);acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsco.weld.co.us. (Department of Planning Services)
RESOLUTION USR14-0050
WADE CASTOR AND DELAND CASTOR, C/O NOBLE ENERGY INC. AND WATTENBERG HOLDING LLC
PAGE 5
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Planning Services - Engineer)
B. Right of way permit is required for any work within the public right of way. (Department of
Planning Services - Engineer)
C. Special transport permit is required for any over size or over weight vehicles. (Department of
Planning Services - Engineer)
D. A Construction Stormwater Permit is required with the State for disturbing more than 1 acre.
Contact: Colorado Department of Public Health and Environment, Water Quality Control
Division. (Department of Planning Services- Engineer)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
7. Prior to the issuance of the Certificate of Occupancy:
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 On-Site Wastewater Disposal Systems Regulations. (Department of
Environmental Health)
B. The applicant shall submit written evidence of a commercial well to the Department of Public
Health and Environment. (Department of Environmental Health)
8. The Use by Special Review activity shall not occur, nor shall any grading, building or electrical permits
be issued on the property, until the Use by Special Review map is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
Motion seconded by Bruce Sparrow.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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.
RESOLUTION USR14-0050
RESOLUTION USR14-0050
WADE CASTOR AND DELAND CASTOR; C/O NOBLE ENERGY INC.AND WATTENBERG HOLDING LLC
PAGE 6
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 November 4, 2014.
Dated the 4`h of November, 2014.
Digitally signed by Kristine
Ranslem
Date:2014.11.07 12:00:09-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Noble Energy, Inc. and Wattenberg Holding LLC
East Pony Centralized Oil and Gas processing Facility
USR14-0050
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
Facilities, Oil and Gas Support and Service, (oil and gas processing facilities and related equipment,
fresh water ponds to be utilized for hydraulic field exploration; Centralized Oil and Gas Processing
Facility; Oil and Gas Storage Facility; Transloading; a crude oil pumping station and related equipment;
a thirty-five (35) foot in height communications tower and any use permitted as a use by right, an
accessory use, or a use by special review in the commercial or industrial zone districts, provided that the
property is not a Lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District, subject to the
Development Standards stated hereon. (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. The hours of operation are twenty-four hours a day, seven days a week, as stated by the applicant(s).
(Department of Planning Services)
4. The property owner or operator shall provide evidence of an Emergency Action and Safety Plan on or
before March 15th of any given year signed by representatives for the Fire District and the Weld County
Office of Emergency Management to the Department of Planning Services. (Department of Planning
Services)
5. 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 Environmental Health)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Environmental Health)
7. 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 facility shall operate
in accordance with the approved "waste handling plan", at all times. (Department of Environmental
Health)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall operate
in accordance with the approved "dust abatement plan", at all times. (Department of Environmental
Health)
9. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Environmental Health)
10. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. (Department of Environmental Health)
11. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment(CDPHE), Water Quality Control Division, as applicable.
(Department of Environmental Health)
12. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds(V0C's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Environmental Health)
RESOLUTION USR14-0050
WADE CASTOR AND DELAND CASTOR, C/0 NOBLE ENERGY INC.AND WATTENBERG HOLDING LLC
PAGE 8
13. A current PE certified and signed copy Spill Prevention, Control and Countermeasure Plan shall be
available on site, at all times. (Department of Environmental Health)
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Environmental Health)
15. Portable toilets are acceptable for employees or contractors on site for less than 2 consecutive hours a
day. All other sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage
Disposal Systems. (Department of Environmental Health)
16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Environmental Health)
17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
18. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices. (Department of Planning Services)
19. The signage/lighting on the site shall be maintained in accordance with the approved Signage/Lighting
Plans. (Department of Planning Services)
20. Should noxious weeds exist on the property, or become established as a result of the proposed
development,the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Chapter 15,Articles I and II, of the Weld County Code. (Department of Planning Services-Engineer)
21. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
23. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
24. The right-of-way or easement shall be graded and drained to provide an all-weather access.
(Department of Public Works)
25. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2011 National Electrical Code.A Building Permit Application must be completed and two(2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review.A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
RESOLUTION USR14-0050
WADE CASTOR AND DELAND CASTOR, C/O NOBLE ENERGY INC. AND WATTENBERG HOLDING LLC
PAGE 9
28. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
29. 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.
30. 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.
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.
EXHIBIT
Commissioner Berryman said that this is pushing his acceptance level.
Commissioner Hansford said that there are two other trucking companies within AS (4- op
Commissioner Jemiola said that he believes there are benefits and downsides to living in town and/or in
the country and he doesn't believe that living in an agricultural area provides you with a view and absence
of noise or unsightly metal tires, etc. Additionally, he believes the oil and gas industry is an auxiliary use
for agriculture.
Commissioner Maxey said that he is a big supporter of private property rights and that you should be able
to use your property how you want as long as it is within the County bounds. He said that he agrees with
Mr. Berryman that it is pushing the acceptance level; however on the other hand he believes the applicant
is agreeable to mitigating a lot of factors.
Motion: Forward Case USR14-0039 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Michael Wailes citing Sections 23-2-220.A.2, 23-2-220.A.3 and 23-2-220.A.4,
Seconded by Bruce Johnson.
Commissioner Wailes stated that he supports private property rights but feels that in this particular case
we are pushing the bounds of what is the intended use. He encouraged the applicant to develop a
screening place for the County Commissioners to see that these issues can be mitigated; however as
they are today he doesn't believe they could be.
Commissioner Johnson said that he respects property rights but doesn't believe the applicant can
mitigate the harm that is being placed on the neighbors.
Vote: Motion passed (summary: Yes= 5, No = 4, Abstain = 0).
Yes: Bruce Johnson, Bruce Sparrow, Joyce Smock, Michael Wailes, Terry Cross.
No: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Nick Berryman.
CASE NUMBER: USR14-0050
APPLICANT: WADE CASTOR AND DELAND CASTOR, C/O NOBLE ENERGY INC. AND
WATTENBERG HOLDING LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND
GAS SUPPORT AND SERVICE, (OIL AND GAS PROCESSING FACILITIES
AND RELATED EQUIPMENT, FRESH WATER PONDS TO BE UTILIZED FOR
HYDRAULIC FIELD EXPLORATION; CENTRALIZED OIL AND GAS
PROCESSING FACILITY; OIL AND GAS STORAGE FACILITY;
TRANSLOADING; A CRUDE OIL PUMPING STATION AND RELATED
EQUIPMENT; A THIRTY-FIVE (35) FOOT IN HEIGHT COMMUNICATIONS
TOWER AND ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION MAP OR LOTS PARTS
OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: E2NE4 SECTION 21, T9N, R59W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 104,WEST OF AND ADJACENT TO CR
115 SECTION LINE.
Kim Ogle, Planning Services, presented Case USR14-0050, 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.
Commissioner Sparrow said that he has a personal relationship with the applicant's representative. Julie
Cozad, but feels that he can make a fair and impartial judgment on this case.
4
Commissioner Jemiola said that he serves with Ms. Cozad on the Milliken Town Board of Trustees. He
also donated to her campaign but did not discuss this case and feels that he can be fair and impartial.
Commissioner Wailes and Maxey both stated that they have relationships with Ms. Cozad as well but
believe they can be fair and impartial in this case.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Heather Barbare, Environmental Health , reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan .
Julie Cozad, Tetra Tech , 1900 South Sunset Street, Suite 1 -E, Longmont, Colorado, stated that the
Plains Transload Facility connects through a pipeline up to the Rose Rock facility, which is a truck
unloading and storage facility. That facility is then connected through the Wattenberg Pipeline up to
Wells Ranch, which is a central processing facility. and then onto the Briggsdale Facility (truck unloading
and central processing facility) and then continues up to the Keota Gas Plant and then over to the East
Pony Facility. The East Pony site will be used as a central processing facility. She added that there will
be security fencing and six (6) full time employees on site. Ms. Cozad outlined the improvements to the
Wattenberg Holding's facility. Ms. Cozad said that they don't anticipate having the truck unloading
component since they intend to have it piped in ; however it is included on the plan if the pipeline is over
capacity or outlying wells in close proximity.
Commissioner Sparrow asked the applicants to explain how the ponds will be filled. Greg Pickerel, Noble
Energy, 2115 117th Avenue, Greeley, stated that the ponds will be filled from non-tributary wells that
Noble Energy has drilled in Timmerman Ranch. He added that they are also purchasing water from
Grover and traveling via pipeline to the facility.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
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 USR14-0050 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 Jordan Jemiola, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford , Bruce Johnson. Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes. Nick Berryman, Terry Cross.
The Chair called a recess at 3:35 pm and reconvened the hearing at 3:46 pm.
CASE NUMBER: USR14-0057
APPLICANT: NOBLE ENERGY INC
PLANNER: KIM OGLE
REQUEST AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW PERMIT NO USR12-0014, FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND
SERVICE ( NON-COMMERCIAL CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY), TO INCLUDE THE ADDITION
OF A COMMERCIAL CLASS II OILFIELD WASTE DISPOSAL FACILITY -
SALTWATER INJECTION FACILITY, A WATER RECYCLING FACILITY, AND
THE OPERATION OF A LESS THAN 12 MONTH CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT A REC EXEMPT RECX12-0031 PART NE4 SECTION 10, T7N , R64W OF
THE 6TH P M. . WELD COUNTY. COLORADO
5
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