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Case Number:
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Applicant:
LAND USE APPLICATION
SUMMARY SHEET
C. Gathman
US R23-0042
Michael Boulter Farms, LLC
22019 County Road 54, Greeley, CO 80631
Liberty Power Innovations, LLC
950 17th Street, Suite 2400, Denver, CO 80202
Site Address: 123 Main Street, Stoneham, CO
Request:
Legal
Description:
Hearing Date: April 2, 2024
A Site Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support Facility (Compressed Natural Gas (CNG) Station) in the A (Agricultural)
Zone District.
Lot B Amended Recorded Exemption, AM RE -4936; being part of the S1/2 S1/2 SVV1/4
of Section 31, Township 5 North, Range 64 West of the 6th P.M., VVeld County,
Colorado.
Location: East of and adjacent to County Road 49; north of and adjacent to County Road 50.
Size of Parcel: ± 26.675 acres Parcel No. 0963-31-3-00-016
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Public Health and Environment, referral dated January 25, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated January 29,
2024
➢ Weld County Oil and Gas Energy Department, referral received January 24, 2024
➢ Weld County Office of Emergency Management, referral received January 2, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Colorado Parks and Wildlife, referral dated January 1, 2024
➢ Weld County School District RE -7, referral dated January 2, 2024
➢ Weld County Sheriff's Office, referral dated January 2, 2024
➢ Town of Kersey, referral dated January 2, 2024
➢ The Farmers Reservoir and Irrigation Company, referral dated January 3, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Department of Planning Services — Code Compliance
➢ Greeley- Weld County Airport Authority
➢ Ambulance Services
➢ Weld County Department of Planning Services - Building Inspection
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➢ Colorado Department of Transportation
➢ Platte Valley Fire Protection District
➢ West Greeley Conservation District
Case Summary:
The applicant is proposing a Compressed Natural Gas Facility (CNG) facility on ten (10) acres. The facility
is proposed to be located on the eastern side of the +/- 26 -acre parcel. The application indicates that there
will be two (2) onsite employees at all times. Portable toilets and bottled -water will be required onsite. The
applicant submitted a preliminary -traffic assessment that estimates seventy-four (74) truck trips per day.
The application states that the facility will operate twenty-four (24) hours a day, seven (7) days a week.
According to the application, the majority of traffic will occur between 9:00 AM and 3:00 PM. All trucks
accessing the site are required to check in with the onsite office. Four (4) truck loadout stalls are proposed.
The latest traffic counts for County Road 50 counted 1,176 trips per day with 27% of trips composed of
trucks. Equipment on site will consist of compressors, truck fill dispensers and load out skids among other
equipment to support the operation. Tracking control will be required where the access enters County Road
50 (100 -feet of asphalt with double -cattle guards or 300 -feet of asphalt). The applicant submitted an
Ambient Noise Study forthis application. The study indicates that the commercial noise standard will be
met with the installation of an acoustic wall. The applicant additionally submitted a decommissioning plan
stating that the facility and equipment will be properly decommissioned and removed from the site and
pipelines will be abandoned in accordance with 49 CFR 192.727.
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 22-2-30 Land Use Goals
Section 22-2-30. C. Harmonize development with surrounding land uses.
Section 22-2-30. C 1. Transition between land use types and intensities with buffers. Uses that
are incompatible with existing uses must be able to mitigate conflicts.
The USR site is set back from the west property line (this property includes the nearest
residence, bed and breakfast, events center and a contractor business — USR12-0032). A
landscape and screening plan (a wall and berm along the west side of the facility is required,
and a sound wall will be installed on the north side of the facility to ensure compliance with
commercial noise limits.
Sec. 22-2-60.8. Support responsible energy and mineral development.
The application states that the facility is needed due to existing oil and gas operations and
commitments in the area. The proposed facility is located immediately to the west and south of
existing oil and gas facilities (including a gas plant).
Sec. 22-2-60.8.2. Ensure that infrastructure, such as adequate roads and utilities, exists or can
be made available prior to development of energy and mineral resource production facilities.
A road maintenance agreement that addresses dust control and road damage onto County Road 50 is
required.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
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Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development, without the interference of
other, incompatible land uses."
This proposed USR will support energy development and is the vicinity of multiple energy
development operations.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The property is located immediately to the west of a natural gas processing facility (2MJUSR18-
12-1792), there are also multiple natural gas lines that are greater than 10 -inches or greater
than 12 -inches (USR11-0016, USR13-0064, 1MUSR16-13-0005, 1MUSR18-12-0074, USR18-
0027, USR18-0055) all located to the north and east of the site.
An oil and gas production facility (1041 VVOGLA AMD22-0018 and VVOGLA18-0078) is located
to the north for up to 10 wells, 21 oil tanks and related equipment on the parcel to the north.
The property to the west (24081 County Road 50) contains a bed and breakfast facility, two (2)
single-family residences and an events center and septic/cement contractor and storage
building business. This was approved under USR12-0032. The edge of the operating area for
the proposed facility is approximately 600 -feet from the property line for this property.
Staff received a letter from the property owners at 24081 (Virtus and Amy Banowetz) dated
January 22, 2024. The letter expressed frustration with previous oil and gas operations that
had been approved and constructed (the O'Connor Gas Plant—2MJUSR18-12-1792) in regard
to visual and noise issues. They have placed a wall and landscaping to screen the gas plant
and oil and gas equipment associated with 1041 WOGLA AMD22-0018). The property owners
are concerned that the new proposed facility will have additionalvisual and noise impacts. They
are requesting that the applicant: 1) Install a wall and berms and trees to screen the property,
2) Have truck traffic come from the east down County Road 50, 3) consider deeding some
additional property to the west of the site to the Banowetz's so they can mitigate the view with
landscaping in this area, 4) Work to fix the well onthe Banowetz property to ensure an adequate
water supply forirrigation of landscaping, and 5) Consider buying their property. This letter was
provided to the applicant on January 29, 2024.
An acoustic analysis was provided with the application. The site is required to comply with
Commercial Noise Limits per the attached development standards. A sound barrier is required
to be installed along the northern boundary of the operations area to comply with commercial
noise limits. This barrier is required to be installed prior to operation of the facility.
The Banowetz's were requesting to meet with the applicants to discuss the project. The
applicant met onsite with the adjacent property owners (Virtus and Amy Banowetz) to the west
on 2/29/2024 and discussed the proposed operation The applicant indicated that they
investigate various options to address view shed concerns. The applicant also stated that is
committed to options to reduce view shed concerns, working with the Banowetz's to schedule
around event center dates and adjusting traffic when feasible. The applicant states that they
will have additional discussions with the neighbor in later March. The applicant indicates that
no changes to the site layout submitted with this application are proposed at this time.
The Conditions of Approval require that the applicant submit an Emergency Action and Safety
Plan, a road maintenance agreement, and an amended Landscaping/Screening Plan. The
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Development Standards and Conditions of Approval will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with surrounding land uses and the
region.
The proposed use is in an area that can support this development and the existing screening,
the Development Standards, and the Conditions of Approval will assist in mitigating the impacts
of the facility on the adjacent properties and ensure compatibility with surrounding land uses
and the region.
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 located within the three (3) mile referral area and the Cooperative Planning
Agreement area of the Town of Kersey. The site is located more than two (2) miles from the
municipal boundary of the Town of Kersey. The Town of Kersey stated no conflicts with their
interests in their referral dated January 2, 2024. The site is delineated on the edge of the Town
of Kersey Influence area as delineated in the Kersey Land Use Map in the Town of Kersey
Comprehensive Plan. Future land use is identified as "undetermined" in this location.
E. Section 23-2-220.A.5 — The application complies with Chapter 23, Articles V and XI, of the
VVeld County Code.
The property is located within the A -P (Airport) Overlay District. No referral response has been
received from the VVeld-Greeley Airport. The property is not located within the 1-25 Overlay
District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System
area, Special Flood Hazard Area, Historic Townsites Overlay District, or Agricultural Heritage
Overlay District
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 Natural Resources Conservation Service (NRCS) map identifies soils as "not prime",
"farmland of statewide importance", "Prime Farmland if Irrigated and if the product of I (soil
erodibility) and C (Climate Factor) does not exceed 60". The property is not being used for
agricultural production.
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, VVeld 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 proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval 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 with the operation of this facility.
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.
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The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes. (Department of
Planning Services - Development Review)
B. A Final Traffic Report, stamped and signed by a professional engineer licensed in the State of
Colorado, is required. (Department of Planning Services - Development Review)
C. A Final Drainage Report and Certificate of Compliance, stamped and signed by a professional
engineer licensed in the State of Colorado, is required. (Department of Planning Services -
Development Review)
D. A Communication Plan shall be submitted for review and approval by the Department of
Planning Services. The Communication Plan shall (but is not limited to) include coordination
with neighboring property owners in regard to scheduling around event center dates on the
adjacent property. (Department of Planning Services)
E. A revised Lighting Plan shall be submitted for review and approval by the Department of
Planning Services. The Lighting Plan shall address lighting details (lights shall be shielded on
all sides and downcast). The extent of the lighting spread (area the lighting covers) shall be
delineated. (Department of Planning Services)
The applicant shall address the requirements of the VVeld County Department of Emergency
Management as stated in their referral dated January 2, 2024. Written evidence of such shall
be provided to the Department of Planning Services. (VVeld County Office of Emergency
Management)
F. The applicant shall submit an updated Landscaping and Screening Plan. The landscaping and
plan provided with the application delineates juniper or similar trees to be utilized forscreening.
The landscaping and screening plan shall be amended to include an irrigation and maintenance
component. The Landscape and Screening Plan shall also include solid screening (a wall or
fence) and a landscape berm along the western side of the operations area. (Department of
Planning Services)
G. A recorded copy of the Non -Exclusive Access Agreement between Michael and Daisy Boulter
(Grantor) and Liberty Power Innovations, LLC (Grantee) dated September 25, 2023, shall be
provided to the Department of Planning Services. (Department of Planning Services)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0042 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
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 on the map the trash collection areas. Section 23-2-240.A.13
of the VVeld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5.The map shall delineate the landscaping and screening in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
6. The map shall delineate the onsite lighting in accordance with the approved Lighting Plan.
(Department of Planning Services)
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7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
of the Weld County Code, if applicable. (Department of Planning Services)
8. The map shall delineate the parking area forthe vendors, customers and/or employees.
(Department of Planning Services)
9. Show and label all recorded easements and rights -of -way shall be delineated on the map
by book and page number or reception number. (Department of Planning Services)
10. County Road 50 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of
the road. All setbacks shall be measured from the edge of right-of-way. This road is
maintained by Weld County. (Department of Planning Services — Development Review)
11. (Pursuant to CRS 43-2-110(1.5), County Road 49 is designated as a County Highway.
The County Highway is designated on the VVeld County Functional Classification Map
(Code Ordinance 2017-01) as an arterial road, which requires a minimum of 140 feet of
right-of-way, or 180 feet of right-of-way in some locations. Contact Public Works for the
location of the current right-of-way alignment and easements so they can be delineated
accurately on the map. If the right-of-way cannot be verified it shall be dedicated. The
applicant shall also delineate the physical location of the road. Pursuant to the definition of
setback in the Weld County Code, Sec. 23-1-90, the required setback is measured from
the future right-of-way line. This road is maintained by VVeld County. (Department of
Planning Services — Development Review)
12. Show and label the approved access location onto CR 50, the appropriate access width,
and the appropriate turning radii on the site plan. Show all access points associated with
the parcel. Include a label for access typed (e.g., Oil and Gas). (Department of Planning
Services — Development Review)
13. Show and label the approved tracking control on the site plan. (Department of Planning
Services — Development Review)
14. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Planning Services - Development Review)
15. Show and label the parking and traffic circulation flowarrows showing how the traffic moves
around the property. (Department of Planning Services - Development Review)
16. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Department of Planning
Services - Development Review)
17. Show and label the drainage flowarrows. (Department of Planning Services - Development
Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the 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)
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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 Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Planning Services - Development Review)
B. If more than one (1) acre is to be disturbed, a VVeld County Grading Permit will be required.
(Department of Planning Services - Development Review)
5. Prior to Operation:
A. The proposed facility needs to meet Commercial Noise Limits per 25-12-103 C.R.S.
Appropriate building permits shall be submitted and an acoustic barrier wall shall be installed
in compliance with the accepted acoustic analysis. (Department of Planning Services)
B. Due to the proximity of the facility of the facility to the residence to the west, solid screening (a
wall or fence) and a landscape berm along the western side of the operations area shall be
installed prior to operations.
C. 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. (VVeld County Office of Emergency Management
6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Liberty Power Innovations, LLC
US R23-0042
1. A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support
Facility (Compressed Natural Gas (CNG) Station) 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. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services
4. The hours of operation are 24 hours a day, 7 days a week, 365 days a year. (Department of
Planning Services)
5. The number of on -site employees shall be up to two (2) at any one time as stated in the application
materials. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the VVeld County Code.
(Department of Planning Services)
8. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan. Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a building permit or
commencement of use, whichever occurs sooner. Dead or diseased plant materials shall be
replaced with materials of similar quantity and quality at the earliest possible time. (Department of
Planning Services)
9. The Property Owner shall maintain compliance with the Decommission Plan and the
Communication Plan. (Department of Planning Services)
10. The property owner or operator shall provide written evidence of an approved Emergency Action
and Safety Plan on or before March 15th of any given year signed by representatives forthe Fire
District and the Weld County Office of Emergency Management to the Department of Planning
Services. (Department of Planning Services)
11. This site is located within the Airport Overlay District. (Department of Planning Services)
12. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Planning Services
- Development Review)
13. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Planning Services - Development Review)
14. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Planning
Services - Development Review)
15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Planning Services - Development Review)
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16. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Planning Services - Development Review)
17. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a
site visit and possible updates. (Development Review)
18. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services - Development Review)
19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Development Review)
20. All liquid and solid wastes (as defined in the Solid VVastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
21. 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 VVastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
22. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. The facility shall operate in accordance
with Chapter 14, Article 1 of the Weld County Code, and the accepted waste handling plan.
(Department of Public Health and Environment)
23. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health
and Environment)
24. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable. (Department of Public Health and Environment)
25. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours
a day portable toilets and bottled water are acceptable. Records of maintenance and proper
disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent
residential properties and public rights -of -way. (Department of Public Health and Environment)
26. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals
must be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations. (Department of Public Health and Environment)
27. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
sufficiently impervious to contain any spilled or released material. Secondary containment devices
shall be inspected at regular intervals and maintained in good condition. All secondary containment
will comply with the Energy and Carbon Management Commission (ECMC) Rule 604 and/or the
provisions of the State Underground and Above Ground Storage Tank Regulations. (Department
of Public Health and Environment)
28. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
29. Any contaminated soils on the facility shall be removed, treated, or disposed of in accordance with
all applicable rules and regulations. All spills will be reported to local, state, and federal agencies
in accordance with all state and federal regulations. (Department of Public Health and Environment)
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30. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S. The facility shall comply with the accepted Acoustics Analysis.
(Department of Public Health and Environment)
31. 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, if
applicable. (Department of Public Health and Environment)
32. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site, as applicable. (Department of Public
Health and Environment)
33. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
34. The applicant shall notify the County upon receipt of any compliance advisory or other notice of
non-compliance of a State issued permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
35. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
36. This USR is for a CNG (Compressed Natural Gas) Facility is non-transferrable and the permit shall
expire upon conveyance of the facility to a new operator. (Department of Planning Services)
37. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. 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)
38. Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings 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 VVeld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County 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. A building permit must be issued prior to
the start of construction. (Department of Building Inspection)
39. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs.
40. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the VVeld County Code. (Department of Planning Services)
41. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended.
42. Necessary personnel from the VVeld 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)
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43. 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. (Department of Planning Services)
44. 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)
45. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated.
46. A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of
County Commissioners through the approval process expires. The landowner may notify the
Department of Planning Services of a termination of the use, or Planning Services staff may
observe that the use has been terminated. When either the Department of Planning Services is
notified by the landowner, or when the Department of Planning Services observes that the use may
have been terminated, the Planner shall send certified written notice to the landowner asking that
the landowner request to vacate the Use by Special Review Permit.
47. In such cases where the Use by Special Review has terminated but the landowner does not agree
to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board
of County Commissioners to provide the landowner an opportunity to request that the Use by
Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at
least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the
Use by Special Review has terminated and no good cause has been shown for continuing the
permit, then the termination becomes final, and the Use by Special Review Permit is vacated.
48. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous counties of
the state.
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
49. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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 VVeld 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.
USR23-0042 — Liberty Power Innovations, LLC
Page 11 of 12
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; odorfrom
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 hund red (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.
USR23-0042 — Liberty Power Innovations, LLC
Page 12 of 12
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
February 29, 2024
Kelly Jones
PO Box 314
Glendo, WY 82213
Subject: USR23-0042 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support Facility (Compressed Natural Gas (CNG) Station) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT B AMENDED REC EXEMPT AMRE-4936; PART S1/2 S1/2 SW1/4 SECTION 31, T5N, R64W of the
6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 2, 2024 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 8, 2024 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must 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 https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
fG
v
Chris Gathman
Planner
1
Chris Gathman
From: Kelly Jones <kellyjonesland@gmail.com>
Sent: Sunday, March 24, 2024 12:20 PM
To: Chris Gathman
Subject: Re: USR23-0042 Site Plan
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hello Chris,
Here is a summary of how the Banowitz meeting with LPI went:
Richard Bradsby (LPI President), Justin Kuchta (Director of Business Development), and Matt Pullos (Operations
District Manager) met with Amy and Virtus Banowetz on 2/29/24. Richard, Justin, and Matt listened to the concerns
raised by Amy and Virtus, shared details around the site layout, and answered questions about planned operations
with them. In particular, LPI shared the site layout and rendering, lighting plans, noise study results, and traffic
projections. Following the meeting, LPI investigated various options to further reduce the view shed concerns.
Additionally, LPI also is committed to working with Amy and Virtus on scheduling around event center dates
(weddings, etc...), and adjusting traffic when operationally feasible. LPI will have additional discussions with Amy and
Virtus during the latter part of March, following up on some of their questions and concerns with potential solutions.
At this time, no changes to site layout are anticipated.
LPI opted to work with Dr. Boulter is securing the facility on a private property versus the same property DCP is located
on because DCP owns the property exclusively and DCP is not the only commercial client that could potentially work
with LPI in the future at this facility.
Thank you,
Kelly Jones
ROW Agent and Specialist
970-875-4364
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On Sun, Mar 24, 2024 at 11:01 AM Chris Gathman <cgathman@weld.gov>wrote:
Dear Kelly,
I want to make sure that Planning is clear on a couple of items prior to the hearing on 4/2.
i
Hello