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LAND USE APPLICATION
SUMMARY SHEET
PRELIMINARY
Case Hearing Date: July 16, 2013
Number: USR13-0026 Continued to: August 6, 2013
Applicant: DCP Midstream, 3026 4th Avenue, Greeley, Colorado
Address: do Patrick Groom, Witwer, Oldenburg, Barry & Johnson, LP
822 7th Avenue, Suite 760, Greeley, Colorado 80631
Request: A Site Specific Development Plan and a Fifth Amended Special Review Permit of USR-552
for Mineral Resource Development, Oil and Gas Support and Service, including natural gas
processing facilities, related equipment and structures, and one (1) greater than seventy-foot
in height communications tower [100 feet in height] in the A (Agricultural) Zone District
Legal SUBX13-0010 being part of the SE4; Lot A of Amended Recorded Exemption AMRE-614,
and being part of the W2SE4 all in Section 28, Township 6 North, Range 65 West of the
6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 43; north of and adjacent to County Road 64 and
approximately 0.5 miles south of County Road 66
Size of Parcel: 89.93 +/- acres Parcel Numbers: 0803-28-0-00-037, 0803-28-0-00-076
08030-28-0-00-077,0803-28-4-00-003,0803-28-4-00-004
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 with comment from the following
agencies:
Weld County Department of Public Health and Environment, referral dated May 10, 2013
Weld County Department of Building Inspection, referral dated May 24, 2013
City of Greeley, referral dated May 24, 2013
Weld County Department of Public Works, referral dated June 6, 2013
The Department of Planning Services' staff has received responses without comment from the following
agencies:
Weld County Zoning Compliance, referral dated May 3, 2013
West Greeley Soil Conservation District referral dated May 6, 2013
Greeley -Weld Airport Authority, referral dated May 6, 2013
The Department of Planning Services' staff has not received responses from the following agencies:
State of Colorado, Division of Parks and Wildlife
State of Colorado Department of Public Health and Environment
DCP Midstream LP — Lucerne Gas Processing Facility, page 1
Weld County Sheriff's Office
Eaton Fire Protection District
Weld County School District, RE -2
Weld County School District, RE -6
North Weld County Water District
Weld County Office of Emergency Management
DCP Midstream LP — Lucerne Gas Processing Facility, page 2
WELD —COUNTY
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case
Number: USR13-0026
Applicant: DCP Midstream, 3026 4th Avenue, Greeley, Colorado
Hearing Date: July 16, 2013
Address: do Patrick Groom, Witwer, Oldenburg, Barry & Johnson, LP
822 7th Avenue, Suite 760, Greeley, Colorado 80631
Request: A Site Specific Development Plan and a Fifth Amended Special Review Permit of USR-552
for Mineral Resource Development, Oil and Gas Support and Service, including natural gas
processing facilities, related equipment and structures, and one (1) greater than seventy-foot
in height communications tower [100 feet in height] in the A (Agricultural) Zone District
Legal SUBX13-0010 being part of the SE4; Lot A of Amended Recorded Exemption AMRE-614,
and being part of the W2SE4 all in Section 28, Township 6 North, Range 65 West of the
6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 43; north of and adjacent to County Road 64 and
approximately 0.5 miles south of County Road 66
Size of Parcel: 89.93 +/- acres Parcel Numbers: 0803-28-0-00-037, 0803-28-0-00-076
08030-28-0-00-077, 0803-28-4-00-003, 0803-28-4-00-004
SUMMARY OF USE:
This application is for an expansion in operations at the Lucerne [Natural] Gas Plant located at 31495 County
Road 43. The Lucerne II Gas Plant Expansion site is located approximately 1.5 miles northeast of Greeley,
CO, in Section 28, Township 6 North, Range 65 West. DCP Midstream (DCP) indicates the current
Lucerne Gas Plant covers approximately 12 acres, and the new Lucerne II Gas Plant Expansion will be
constructed on an adjacent parcel. This amendment will encompass the existing gas plant permitted via 4th
AmUSR-552. While the expansion site is approximately 80 acres, only about 40 acres are expected to
be disturbed by the construction and operation of the plant. After construction, the site will be fully fenced
with a six -foot -high chain link fence topped with barbed wire. The area inside the fence will be graveled. The
area outside the fence will be re -vegetated with native grasses.
Four to six full-time employees are expected to be employed at the Lucerne II Gas Plant. The plant will
function 24 hours a day, 7 days a week, year-round. A septic system will be installed to accommodate post -
construction sewage. Water will be provided for all uses, including fire suppression, by the North Weld
County Water District.
A Knox key override will be installed to allow emergency access to the front gate. Fire hydrants will be
installed at the periphery of the site, and fire detection systems including flammable gas detectors and
flame detectors will be installed in certain process facilities within the plant.
DCP Midstream LP — Lucerne Gas Processing Facility, page 3
Noise levels will not exceed the established limitations during operation of the Lucerne II Gas Plant and DCP
does not intend to use excessive lighting at the facility.
This amendment seeks to consolidate all existing land use permits into one and will require the applicant
to request the vacation SUP -172 for a Feedlot, previously approved in 1972. The DCP Midstream
infrastructure improvements are part of a new compressor, pipeline and gas processing plant network
necessitated by the need to move larger volumes of gas due to the recent increases in drilling activity and
projected additional production increases.
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:
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;" and
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, DCP Midstream, LP, will be paying
for all on -site and offsite improvements associated with this use as required through the
improvements agreement;" and
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;" and
DCP is a business that is in the midstream segment of the natural gas industry. As part of its
business, DCP Midstream, LP gathers natural gas from wellheads, performs gas processing,
and transmits final products to customers via pipelines. In Weld County, DCP operates an
extensive network of gathering pipelines as well as seven gas processing plants. The DJ
Basin area has recently seen rapid expansion as new drilling technologies are allowing more
oil and gas to be produced. As a result, gas gathering and processing capacity needs to be
expanded in order to meet the growing production. To meets these needs, DCP is proposing
to expand its existing Lucerne Gas Processing plant, which will include the construction ofa
new on -site transformer component to facilitate the required electricity to operate the
expansion as well as meeting the State air regulations. This proposal has been reviewed by
the appropriate referral agencies and it has been determined that the attached Conditions of
Approval (Noise limits and the requirement that the applicant submit a Lighting Plan) 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 due to the expansion of this facility.
B. Section 23-2-220.A.2 -- Section 23-2-220.A.2 -- The proposed use is consistent with the
intent of the A (Agricultural) Zone District. Citing Section 23-3-40.A.2 that provides for a Site
Specific Development Plan and a Fifth Amended Special Review Permit of USR-552 for
Mineral Resource Development, Oil and Gas Support and Service, including natural gas
processing facilities, related equipment and structures, and Section 23-3-40.A.2 provides for
DCP Midstream LP — Lucerne Gas Processing Facility, page 4
one (1) greater than seventy-foot in height, 100 foot in height 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. The property slopes slightly northwest to southeast.
Land to the north is in production agriculture and the eastern half of the southeast quarter
has a USR for a beet storage facility permitted by USR-1654; to the east, south and west
are lands in irrigated production agriculture. In the immediate area, there are six
residences, including one residence located on the property, with the nearest residence
located approximately 1300 feet north of the existing facility. There are ten (10) property
owners and 23 parcels within five hundred feet of this proposed facility.
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 within the three mile referral area for the City of Greeley who
indicated in their referral dated May 24, 2013, that the site is within the City of Greeley's
Long Range Expected Growth Area (LREGA). The LREGA is the area within which the
City is expected to grow over the next 20+ years and a full range of municipal services will
be available. This site is also located within the City of Greeley's Industrial Land Use
Guidance area. This area is generally characterized by lands containing shallow sloping
land proximate to heavy utilities and heavy transportation (such as US 85, or rail
infrastructure). The proposed DCP facility will be compatible with the anticipated uses within
the area. The City is recommending site landscaping adjacent to County Road 43 and further
indicates that the property is subject to a Water Service Agreement between North Weld
County Water District (NWCWD) and the City of Greeley, however, at this time the City is
amenable to allowing the installation of the new fire hydrant, and in the future will review
requests for water per the water services agreement between NWCWD and the City. The
applicant is proposing separation of use with an agricultural crop buffer.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County -wide Road
Impact Fee Program.
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. (Ordinance 2011-2)
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. This existing DCP Natural
Gas Processing Facility is sited on multiple parcels of approximately 9.947 acres. The
current infrastructure, including pipelines and above and below grade improvements provide
for opportunity to expand the current facility at this location with the acquisition of adjoining
lands. The proposed expansion to the existing facility in review here and future expansion
will be located on an eighty (80) acre parcel adjacent to the current site. The existing and
proposed facility are sited on lands that are designated "Prime" on the Important Farmlands
of Weld County map dated 1979. The existing improvements and proposed expansion will
encumber approximately 50 acres of the parcel with the remaining lands available for
agricultural production.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
DCP Midstream LP — Lucerne Gas Processing Facility, page 5
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. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0026 (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. The applicant shall delineate the trash collection areas. Section 23-2-260.C.11 and
Section 23-3-350.A.6 of the Weld County Code address the issue of trash collection
areas. Areas used for storage or trash collection shall be screened from adjacent
public rights -of -way and adjacent properties. These areas shall be designed and
used in a manner that will prevent wind or animal scattered trash. (Department of
Planning Services)
5. County Road 43 is designated on the Weld County Road Classification Plan as a
collector roadway, which requires 80 feet of right-of-way at full build out. The
applicant shall verify the existing 60 feet of 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 existing right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (Department
of Public Works)
6. County Road 64 is designated on the Weld County Road Classification Plan as an
arterial roadway, which requires 140 feet of right-of-way at full build out. The
applicant shall verify the existing 60 feet of 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 existing right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (Department
of Public Works)
7. Show the approved accesses on the Plat and label with the approved access permit
number (AP12-00325). (Department of Public Works)
8. The approved Lighting Plan for the Facility. (Department of Planning Services)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department
of Health and Environment to Environmental Health Services Division of the Weld County
Department of Public Health & Environment. Alternately, the applicant can provide
evidence from the APCD that they are not subject to these requirements. (Department of
Public Health and Environment)
C. An accepted Final Drainage Report stamped and signed by a Professional Engineer
registered in the State of Colorado is required. (Department of Public Works)
DCP Midstream LP — Lucerne Gas Processing Facility, page 6
D. An Improvements and Road Maintenance Agreement is required for this site. Road
maintenance including dust control and damage repairs during construction will be required.
(Department of Public Works)
E. The applicant shall submit a design to prevent the tracking of mud and debris from the facility
onto the County roadway. (Department of Public Works)
F. The applicant shall submit a written request to vacate SUP -172 approved in 1972 for a
feedlot located on lands associated with this permit. (Department of planning Services)
G. The applicant may submit a Landscape Plan in an attempt to address the concerns of the
City of Greeley referral dated May 24, 2013, (City of Greeley)
H. The applicant shall submit a Lighting Plan for the facility. (Department of Planning Services)
2. 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 Public Works)
3. Prior to issuance of a 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 Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
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. (Department of Public Health and Environment)
B. 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)
5. Upon completion of Condition of Approval No.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. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not
acceptable).Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning
Services)
DCP Midstream LP — Lucerne Gas Processing Facility, page 7
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners resolution a $50.00 recording continuance charge shall be added for each additional
3 month period. (Department of Planning Services)
8. 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)
DCP Midstream LP — Lucerne Gas Processing Facility, page 8
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Midstream, LP Lucerne Natural Gas Processing Facility
USR13-0026
1. The Site Specific Development Plan and a Fifth Amended Special Review Permit, USR13-0026, for
Mineral Resource Development, Oil and Gas Support and Service, including natural gas processing
facilities, related equipment and structures, and one (1) greater than seventy-foot, 100 foot in height
communications tower in the A (Agricultural) Zone District, and 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,
blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance
with the approved "waste handling plan", at all times.
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. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
8. 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)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
10. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
11. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
12. 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)
13. Building permits may be required for any new construction, alteration, or addition to any buildings or
structures on the property, per Section 29-3-10 of the Weld County Code Oil and Gas Support and
Service Facility and associated buildings and equipment. (Department of Building inspection)
DCP Midstream LP — Lucerne Gas Processing Facility, page 9
14. 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:
2012 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code;
2009 ANSI 117.1 Accessibility Code the 2012 International Plumbing Code, and Chapter 29 of the
Weld County Code. (Department of Building inspection)
15. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. (Department of Public Works)
16. The historical flow patterns and run-off amounts will be maintained on site. (Department of Public
Works)
17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
18. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning)
19. 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. (Ordinance 2011-2) (Department of Planning)
20. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
21. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1 Lighting Standards
of the Weld County Code. (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
24. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before January 15' 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)
25. 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. (Department of
Planning Services)
26. 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. (Department of Planning Services)
27. 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)
DCP Midstream LP — Lucerne Gas Processing Facility, page 10
28. 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, 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.
DCP Midstream LP — Lucerne Gas Processing Facility, page 11
WELD COUNTY
u
MEMORANDUM
To: Planning Commission
From: Kim Ogle
Subject: Staff supported Request for Continuance
USR13-00026 — Lucerne Gas Plant
DCP Midstream, LP
Date: July 16, 2013
The Department of Planning Services when scheduling this land use case with representatives
for the applicant did not provide adequate time to provide the 30 -day prior to hearing Mineral
Notice of pending land use hearing before this Board. Therefore, staff is seeking a continuance
until August 6, 2013 for the Planning Commissioner hearing. The Date of the Board of County
Commissioner hearing remains unchanged and is scheduled for August 16, 2013.
RVICE, TEAMWORK, INTEGRITY, QUALITY
June 21, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
GROOM PATRICK
822 7TH AVE STE 760
GREELEY, CO 80631
Subject: USR13-0026 - A SITE SPECIFIC DEVELOPMENT PLAN AND FIFTH AMENDED SPECIAL
REVIEW PERMIT (FKA 4th AmUSR-552) FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING, A NATURAL GAS PROCESSING
FACILITY, RELATED GAS PLANT EQUIPMENT AND STRUCTURES, AND A COMMUNICATIONS
TOWER UP TO 100 FEET IN HEIGHT IN THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
E2SE4 SECTION 28, T6N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
A STRIP 150' WIDE ALG S SIDE OF E2NE4 SECTION 28, T6N, R65W BEING 75' WIDE ON EACH
SIDE OF C/L ABDN MAIN TRACK GREELEY BRANCH OF UPRR OF THE 6TH P.M., WELD
COUNTY, COLORADO.
PT W2SE4 SECTION 28, T6N, R65W PT LOT A AMD REC EXEMPT AMRE-614 OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
PT W2SE4 SECTION 28, T6N, R65W PT LOT A AMD REC EXEMPT AMRE-614 OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
A STRIP 150' WIDE IN SECTION 28, T6N, R65W BEING 75' WIDE ON EACH SIDE OF C/L OF ABDN
MAIN TRACK OF GREELEY BRANCH OF UPRR EXTENDING ELY FROM W LN TO E LN SEC OF
THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 16, 2013, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 14, 2013 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
wwwweldcou ntyplanningcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: lam the author of this document
Date: 2013.06.21 14:48:08 -06'00'
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
May 02, 2013
GROOM PATRICK
WITWER OLDENBURG BARRY & JOHNSON, LP
822 7TH AVE STE 760
GREELEY, CO 80631
Subject: USR13-0026 - A SITE SPECIFIC DEVELOPMENT PLAN AND FIFTH AMENDED SPECIAL
REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, FOR OIL AND GAS
SUPPORT AND SERVICE, INCLUDING, A NATURAL GAS PROCESSING FACILITY, RELATED GAS
PLANT EQUIPMENT AND STRUCTURES, AND A COMMUNICATIONS TOWER UP TO 100 FEET IN
HEIGHT IN THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
E2SE4 SECTION 28, T6N, R65W of the 6th P.M., Weld County, Colorado.
A STRIP 150' WIDE ALG S SIDE OF E2NE4 SECTION 28, T6N, R65WBEING 75' WIDE ON EACH
SIDE OF C/L ABDN MAIN TRACK GREELEY BRANCH OF UPRR of the 6th P.M., Weld County,
Colorado.
PT W2SE4 SECTION 28, T6N, R65W PT LOT A AMD REC EXEMPT AMRE-614 of the 6th P.M., Weld
County, Colorado.
PT W2SE4 SECTION 28, T6N, R65W PT LOT A AMD REC EXEMPT AMRE-614 of the 6th P.M., Weld
County, Colorado.
A STRIP 150' WIDE IN SECTION 28, T6N, R65W BEING 75' WIDE ON EACH SIDE OF C/L OF ABDN
MAIN TRACK OF GREELEY BRANCH OF UPRR EXTENDING ELY FROM W LN TO E LN SEC 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.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s) for their review and comments:
Greeley at Phone Number 970-350-9741
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.05.02 15:19:42 -06'00'
Kim Ogle
Planner
FIELD CHECK Inspection Date: July 2, 2013
Case Number
Applicant:
Address:
Request:
Legal
Location:
Size of Parcel
USR13-0026
DCP Midstream, 3026 41b Avenue, Greeley, Colorado
do Patrick Groom, Witwer, Oldenburg, Barry & Johnson, LP
822 7th Avenue, Suite 760, Greeley, Colorado 80631
A Site Specific Development Plan and a Fifth Amended Special Review Permit of USR-552 for
Mineral Resource Development, Oil and Gas Support and Service, including natural gas
processing facilities, related equipment and structures, and one (1) greater than seventy-foot in
height communications tower [100 feet in height] in the A (Agricultural) Zone District
SUBX13-0010 being part of the SE4; Lot A of Amended Recorded Exemption AMRE-614, and
being part of the W2SE4 all in Section 28, Township 6 North, Range 65 West of the 6`" P.M., Weld
County, Colorado
West of and adjacent to County Road 43; north of and adjacent to County Road 64 and
approximately 0.5 miles south of County Road 66
89.93 +/- acres
Parcel Numbers: 0803-28-0-00-037, 0803-28-0-00-076
08030-28-0-00-077, 0803-28-4-00-003, 0803-28-4-00-004
Zoning
Land Use
N
AGRICULTURE
N
SUGAR BEET DUMP, USR-1654; OVERHEAD TRANSMISSION LINES
E
AGRICULTURE
E
IRRIGATED PRODUCTION AGRICULTURE
S
R-1 LOW DENSITY RESIDENTIAL
S
IRRIGATED PRODUCTION AGRICULTURE
W
AGRICULTURE
W
IRRIGATED PRODUCTION AGRICULTURE
Comments:
The property slopes slightly northwest to southeast. Land to the north is in production agriculture and the eastern half
of the southeast quarter has a USR for a beet storage facility permitted by USR-1654; to the east, south and west are
lands in irrigated production agriculture. In the immediate area, there are six residences, including one residence
located on the property, with the nearest residence located approximately 1300 feet north of the existing facility.
There are ten (10) property owners and 23 parcels within five hundred feet of this proposed facility.
Access to the site is by private gravel road adjacent to a overhead transmission line corridor
Front Range Pipeline is installing pipe adjacent to the facility, near land associated with this amendment. To the east
is an old farm house, outbuildings and pens adjacent to CR 43 owned by the applicant.
No violations noted.
Lk(
Sigure
❑ House(s)
❑ Crop Productions
❑ Oil & Gas Structures
❑ Outbuilding(s)
o Crops
❑ Utilities On -Site (transmission lines)
o Access to Property
❑ Site Distance
o Topography
Note any commercial business/commercial vehicles that are operating from the site DCP LUCERNE GAS PROCESSING PLANT
Hello