HomeMy WebLinkAbout20112702.tiff • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bill Hall, 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: USR-1794
APPLICANT: Kendall Sullivan, do DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service, including oil and gas processing facilities and
related equipment, including, but not limited to,four(4)compressors
associated with gas processing or which compress gas to enter a pipeline for
transport to market, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-5107; Part SE4 of Section 17,T7N, R62W of the 6th P.M.,Weld
County, Colorado.
LOCATION: North of and adjacent to CR 80; approximately 0.5 miles west of CR 77.
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;" and Section 22-5-100.6. (OG.Goal 2.) states, "Ensure that the extraction of oil
and gas resources conserves the land and minimizes the impact on surrounding land and the
existing surrounding land uses" and Section 22-5-100.B. (OG.Policy 2.9.) states, "Impose
protective measures through available state, County and federal regulations to ensure that
the mineral operator conducts operations in a manner that will minimize current and future
environmental impacts." The request for a Site Specific Development Plan and a Special
Review Permit for a Mineral Resource Development Facility including a Natural Gas
Processing Facility in the A (Agricultural) Zone District is for a new 4 unit gas compressor
facility, being part of a new five part 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 anticipated by producers.
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.2 of the Weld County Code provides for Oil and Gas Support
and Service, including oil and gas processing facilities and related equipment, including, but
not limited to, compressors associated with gas processing or which compress gas to enter a
pipeline for transport to market, in the A (Agricultural) Zone.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The property has a gentle roll to it with hills and valleys
encompassing the entire property. This land and surrounding lands in each direction are in
agricultural production. There are residential dwellings to the west of the proposed facility.
There are five(5)property owners within five hundred feet of this facility. The entire property
is presently in pasture lands and similar grasses.
• EXHIBIT
I2011-2702
• Resolution USR-1794
Kendall Sullivan, do DCP Midstream, LP
Page 2
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 existing site is not within the three mile referral area of any municipality.
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 Area.
Effective April 25, 2011, 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)
Effective April 25, 2011, 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)
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 proposed facility is
located on a 34.9 acre parcel utilizing 10 acres for the compressor site. Ongoing agricultural
production will continue on lands not impacted by this proposed facility. The and proposed
facility is sited on lands that are designated "Prime" on the Important Farmlands of Weld
• County map dated 1979.
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.
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 plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1794. (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)
• Resolution USR-1794
Kendall Sullivan, c/o DCP Midstream, LP
Page 3
5. County Road 80 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 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 Public Works)
6. The applicants have an approved access from County Road 80. Proposed traffic
includes one employee visiting the site each day and a tractor trailer every other day
to haul produced water from the site. Please show and label on the Plat, the
proposed access width (minimum 20 foot for emergency vehicles), the turning
radiuses into the site(45-60 foot radiuses required to accommodate trucks),and the
proposed 18" RCP culvert at the access. The access shall be placed in such a
location that there is adequate site distance in both directions and not below the
crest of a hill. (Department of Public Works)
7. Tracking control is required to prevent tracking of mud and debris on to the County
roadway. Please show and label a double cattle guard (2 cattle guards placed back
to back to allow for a full rotation of truck tires)at the access. Place the cattle guards
far enough back from the County roadway to allow a tractor trailer to completely pull
off the main roadway before crossing the cattle guards. (Contact the Utility
Coordinator for Weld County Public Works for a right-of-way permit for any work that
may be required in the right-of-way. A special transport permit will be required for
• any oversized or overweight vehicles that may access the site. (Department of
Public Works)
8. Based upon the proposed traffic volumes to this facility a traffic study was not
required. The applicant is indicating approximately one pick up per day by two
employees and a tractor-trailer rig, one every other day. The applicant has an
approved access permit AP11-00224 for their USR application that should be
referenced on the USR Plat. (Department of Public Works)
9. The approved Lighting Plan for the Facility. (Department of Planning Services)
10. Show the Water Quality Feature on the Plat. Label it as"Water Quality Feature, No
Build or Storage Area."
B. The applicant shall address the concerns of the Department of Public Works as indicated in
their referral dated July 25, 2011. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Public Works)
C. 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, if applicable. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services (Department
of Public Health and Environment)
D. 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:
• Resolution USR-1794
Kendall Sullivan, do DCP Midstream, LP
Page 4
1) A copy of the SPCC plan.
2) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
E. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
F. The applicant shall submit a Lighting Plan for review and approval and include the
manufacture's cut sheets for each of the proposed lighting fixtures and lamps to the
Department of Planning Services. (Department of Planning Services)
G. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Prior to Construction
• A. The project will disturb over an acre of land therefore, a State approved Stormwater
Management Plan will be required. Please provide a copy of Storm Water Management Plan
application as submitted to the State. Please provide a copy of the approved permit once it
has been obtained. The applicant is required to comply with all Colorado Department of
Health and Environment, Water Quality Control Division regulations regarding storm water
quality permitting and protection and construction storm water discharges. (Department of
Public Works)
B. The project will disturb over an acre of land therefore, a Weld County Grading Permit is
required before construction. (Department of Public Works)
C. A building permit shall be obtained prior construction of any new structures. (Department
of Building inspection)
D. A plan review is required for each building or structure for which a building permit is required.
Two complete sets of plans are required when applying for each permit. Include a Code
Analysis Data sheet provided by the Weld County Building Department with each Building
Permits Submittal plans shall include a floor plan showing the specific uses of each area for
the building. (Department of Building inspection)
E. Occupancy Classification will be determined by Chapter 3 of the 2006 International Building
Code. Buildings, structures and use shall conform to the requirements of the various codes
adopted at the time of acceptance of the permit application. Currently the following codes
have been adopted by Weld County: 2006 IBC; IMC; IPC; IECC; 2008 National Electrical
Code; 2003 ANSI 117.1 Accessibility and Chapter 29 of the Weld County Code. (Department
of Building inspection)
• F. All building plans shall be submitted to Briggsdale Protection District for review and approval
prior to issue of Building Permits. (Department of Building inspection
• Resolution USR-1794
Kendall Sullivan, do DCP Midstream, LP
Page 5
G. The Building Department requests a pre-construction meeting before submitting permit
application. (Department of Building inspection)
3. 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. The Mylar plat
and additional requirements shall be submitted within sixty (60) 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)
4. 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). This digital file may be sent to mapsco.weld.co.us. (Department of Planning
Services)
5. 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 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)
• 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)
Motion seconded by Alexander Zauder.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
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 USR-1794
Kendall Sullivan, do DCP Midstream, LP
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 September 20, 2011.
Dated the 20th off September, 2011.
4<ii,testiruz, -attach-)
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Midstream —Sullivan Facility
USR-1794
1. The Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and
Service, including oil and gas processing facilities and related equipment, including, but not limited to,
four(4) compressors associated with gas processing or which compress gas to enter a pipeline for
transport to market, 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,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of
Public Health and Environment)
• 6. The applicant shall operate in accordance with the approved "waste handling plan" at all times.
(Department of Public Health and Environment)
7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 14-9-30 of the Weld County Code, or with all applicable State noise statutes and/or
regulations. (Department of Public Health and Environment)
9. A permanent, adequate water supply shall be provided for drinking and sanitary facilities when there is
at least one full time employee located on the facility. (Department of Public Health and Environment)
10. An Individual Sewage Disposal System shall be provided when there is at least on full time employee
stationed on site. (Department of Public Health and Environment)
11. 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)
12. 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). All chemicals must be stored secure,on an impervious surface,
and in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
13. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
• 14. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
Resolution USR-1794
• Kendall Sullivan, do DCP Midstream, LP
Page 8
15. 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)
16. A building permit shall be obtained prior to the construction of any new structures. (Department of
Building Inspection)
17. A plan review is required for each building or structure for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Include a Code Analysis Data
sheet with each Building permits Submittal plans shall include a floor plan showing the specific uses
of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the
2006 International Building Code. The plans shall also include the design for fire separation and
occupancy separation walls, when required by Chapter 5 and 7 of the 2006 International Building
Code. Fire Protection shall conform to Chapter 9. (Department of Building Inspection)
18. Buildings 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: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
19. All building plans shall be submitted to the Briggsdale Fire Protection District for review and approval
prior to issue of Building Permits, (Department of Building Inspection)
20. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
• reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
21. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
23. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission
(COGCC) rules and regulations including drill pad construction, storm water controls, and
reclamation. (Department of Planning)
24. Effective April 25, 2011, 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)
25. Effective April 25, 2011, 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)
26. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
27. 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)
28. 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)
29. 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)
Resolution USR-1794
Kendall Sullivan, do DCP Midstream, LP
Page 9
30. 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)
31. 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)
32. 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)
•
•
9 -020_020o
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, September 20, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair, Tom
Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Robert Grand
Bill Hall
Benjamin Hansford
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle, Department of Planning Services; Don Carroll and Heidi Hansen, Department of
Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem,
Secretary.
Jason Maxey moved to approve the September 6, 2011 Weld County Planning Commission minutes,
seconded by Bill Hall. Motion carried.
The Chair read the first case into record.
• CASE NUMBER: USR-1789
APPLICANT: Cannon Land Company, do Encana Natural Gas, Inc.
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Storage Facilities (LNG Liquefaction and Storage)and Oil and Gas
Support and Service (fueling station, mini-liquefaction facility, staging) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: SE-1206; being part of the S2SW4 of Section 11,T2N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 22; approximately one (1) mile east of CR 31.
Kim Ogle, Planning Services, stated that the applicants are requesting a continuance of this case until
October 4, 2011 due to a legal description technicality.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Jason Maxey moved that Case USR-1789, be continued to the October 4, 2011 Planning Commission
hearing, seconded by Ben Hansford. Motion carried unanimously.
The Chair announced that USR-1791, USR-1793, USR-1794 and USR11-0005 will be heard together as they
are similar cases. The Chair read the cases into record.
CASE NUMBER: USR-1791
APPLICANT: Bernhardt Farms LLC, do DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service, including oil and gas processing facilities and
• related equipment, including, but not limited to,four(4)compressors
associated with gas processing or which compress gas to enter a pipeline for
transport to market, in the A (Agricultural)Zone District.
a
LEGAL DESCRIPTION: Part SW4 SW4 of Section 30; and the W2 of Section 31 excluding the
• easternmost 225 feet,All in T5N, R66W of the 6th P.M.,Weld County,
Colorado.
LOCATION: North and South of and adjacent to CR 52 Section Line; East of and adjacent
to CR 25.
CASE NUMBER: USR-1793
APPLICANT: Herman Libsack, c/o DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: USR-1793-A Site Specific Development Plan and Use by Special Review
Permit for Oil and Gas Support and Service, including oil and gas processing
facilities and related equipment, including, but not limited to,four (4)
compressors associated with gas equipment processing or which compress
gas to enter a pipeline for transport to market, in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Lot B RE-3677, Part NE4 Section 36,T6N, R65W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to CR 64;west of and adjacent to CR 49.
CASE NUMBER: USR-1794
APPLICANT: Kendall Sullivan, do DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service, including oil and gas processing facilities and
related equipment, including, but not limited to,four(4) compressors
associated with gas processing or which compress gas to enter a pipeline for
transport to market, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-5107; Part SE4 of Section 17,T7N, R62W of the 6th P.M.,Weld
County, Colorado.
LOCATION: North of and adjacent to CR 80; approximately 0.5 miles west of CR 77.
• CASE NUMBER: USR11-0005
APPLICANT: WETCO Farms, Inc., do DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service, including oil and gas processing facilities and
related equipment, including, but not limited to,four(4)compressors
associated with gas processing or which compress gas to enter a pipeline for
transport to market, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-1905; Part NE4 Section 10,T4N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to CR 33; approximately 0.5 miles north of CR 46.
Kim Ogle, Planning Services, stated that DCP Midstream is in the process of expanding their operations in
Weld County. The expansion of existing operations will add to the current in place and permitted 2,800 miles
of gathering lines, 7 natural gas plants, and 12 compressor sites. These land use permits will include a new
gas plant and four compressor stations and interconnecting pipelines. DCP,as second largest gatherer and
processor of natural gas and their clients have identified a need for new infrastructure to get the gas to market.
The need is based on new technology for uncovering natural gas discoveries in the Niobrara Shale and the
ability of the DJ Basin to expand based on these new technologies.
The first compressor site is USR-1791 identified as the Bernhardt site. This proposed unmanned facility is
located on a 160 acre parcel utilizing 10 acres for the compressor site.
The site is within the three mile referral area of the Towns of Milliken and Johnstown and the City's of Evans
and Greeley.
The Town of Johnstown returned a referral indicating no conflict with their interests, and the City of Greeley
returned a referral indicating no conflict with their interests and also providing an advisory that there are a City
. six (6) inch water main in or adjacent to 49th Street(aka County Road 52)and also a four(4) inch water main
in 95Th Avenue, (aka County Road 25). Further stating that right-of-way approvals are required if access roads
cross the City of Greeley water lines in this area. The Town of Milliken and the City of Evans did not return a
2
• referral.
The second compressor site is USR11-0005, identified as the Godfrey Bottoms (WETCO) site. The site is
within the three mile referral area of the City of Greeley and City of Evans. The City of Greeley in their referral
dated August 24,2011 had no planning concerns but did have engineering related recommendations specific
to turning radius and site circulation;stormwater design and drainage related concerns and a notification of the
required stormwater discharge permit from the Colorado Department of Public Health and Environment prior
to commencing construction. The City of Evans did not return a referral indicating a conflict with their
interests.
Thirteen referral agencies reviewed this case and five offered comments that have been incorporated into this
recommendation. Staff has not received telephone calls, email or letters concerning this case from
surrounding property owners.
The third compressor site is USR-1793, identified as the Libsack site. The existing site is within the three mile
referral area of the City of Greeley. The City returned a referral indicating no conflict with their interests.
Sixteen referral agencies reviewed this case and five offered comments some with specific conditions that
have been incorporated into this recommendation. Staff has not received any letters, telephone calls or
emails concerning this application from surrounding property owners and other interested parties.
The fourth compressor site is USR-1794 identified as the Sullivan site. The site is not within the three mile
referral area of any municipality. Twelve referral agencies reviewed this case and four offered comments that
have been incorporated into this recommendation.
Mr. Ogle provided memorandums which have proposed amendments to USR-1794. One amendment is in
regard to some concerns that Public Works had about some conditions that were inadvertently left off. In
• addition, a universal amendment change to the request of USR-1791, USR-1793, USR11-0005 and USR-
1794 include the number of compressors (four compressors).
Bill Hall moved to amend conditions of approval 1.A.10, 1.A.6 and add an additional item as outlined in the
staff memorandum to USR-1794, seconded by Jason Maxey. Motion carried.
Lauren Light, Environmental Health, stated that all of these sites are unmanned facilities therefore no
permanent water or sewage disposal is required. She added that she included a development standard which
states that when there is a full-time employee located on site then permanent water and sanitary facilities
would be required.
Heidi Hansen, Public Works, stated that these sites are on local gravel roads. Access Permit applications
have been submitted for the access points. Adequate turning radiuses at the access points and double
cattle guards to prevent tracking are required. In addition, an Improvements Agreement and Road
Maintenance Agreement are required.
Patrick Groom, representing DCP Midstream, 822 7th Street, Suite 760, Greeley CO introduced Greg
Kardos who is the Asset Director for DCP for Weld County. Mr. Groom said that they believe this is an
exciting project. It is intended to facilitate bringing to market the gas that is being produced from the
Niobrara Shale.
Greg Kardos, Asset Director for DCP, 3026 4th Avenue, Greeley, CO stated that they will be constructing a
new processing plant along with these compressor sites. It is being driven by the growth here in Weld
County. The DJ Basin is reinventing itself again and they believe that it is a great opportunity for Weld
County. Mr. Cartos said that they have an extensive footprint in the County and they are great supporters
of the community. He added that they are trying to be the best corporate neighbors that they possibly can
be in Weld County.
• Commissioner Maxey asked about placement of the compressors on these 160 acre parcels. Mr. Groom
said that the plan is to place the sites within the center of these properties. DCP has specifically
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purchased larger parcels to create a buffer zone to accommodate surrounding neighbors so there
• wouldn't be too great an impact. The only exception to that is the Bernhardt site (USR-1791) as they were
forced, because of some oil and gas well issues, to locate that slightly to the west of the center spot on
that property. Mr. Maxey expressed concern of taking away prime irrigated farmland. He asked that if
these are placed in the center of the property how that will impact the pivots and irrigated farmland. Mr.
Groom said that the intention is to allow the continuation of farming on the property. DCP would like the
land to remain in production if possible and if not to restore it to vegetative natural grasses.
Mr. Groom added that there is a requirement for air permits that certain buffer areas be surrounding the
compressor site and because of that it is important to locate these in the center of the parcel.
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 he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Bill Hall moved that Cases USR-1791, USR-1793, USR-1794 and USR11-0005, be forwarded to the Board of
County Commissioners along with the amended Conditions of Approval and Development Standards with the
Planning Commission's recommendation of approval, seconded by Alexander Zauder.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, absent; Robert Grand, absent; Bill Hall, yes;Alexander Zauder, yes;Jason Maxey,yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1792
• APPLICANT: Thistle Down, Inc./Michael Boulter, do DCP Midstream, LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service, including, but not limited to an Electric Natural
Gas Processing Facility in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: SE4 of Section 31,T5N, R64W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to CR 50;west of and adjacent to CR 51.
The fifth land use case is for a Site Specific Development Plan and a Special Review Permit for Oil and Gas
Support and Service, including, but not limited to an Electric Natural Gas Processing Facility in the A
(Agricultural) Zone District.
The LaSalle Gas plant, located south of the Town of Kersey will be an electric powered facility and is located
North of and adjacent to County Road 50; west of and adjacent to County Road 51. This proposed facility is
located on a 160 acre parcel utilizing 40 acres in the center of the parcel for an Electric Natural Gas
Processing Facility and a cooperative Rural Electric Association Terminus substation. The permitting of this
facility with electric service will be forthcoming in the near future. Ongoing agricultural production will continue
on lands not impacted by this proposed facility. The proposed facility is sited on lands that are designated
"Prime" and "Other"on the Important Farmlands of Weld County map dated 1979.
The site is within the three mile referral area of the Town of Kersey. The Town returned a referral indicating
no conflict with their interests. There are seven (7) property owners within five hundred feet of this facility.
The property slopes south to north to a high point, and slopes in a downward gradient to the North.There are
multiple accesses to property mostly associated with Noble Energy's oil and gas site improvements. There is
a communications tower in the center portion of the 640 acre tract of land that appears to access off of County
• Road 49. A gas pipeline and Fibre-optic cable are in the right-of-way west side of County Road 51.
In the immediate area, there is limited residential development,although there are residences to the south and
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