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LAND USE APPLICATION
SUMMARY SHEET
Molly Wright
USR24-0005
Peters 313 Ranch, Inc c/o Brian Anderson
P.O. Box M, Carpenter, WY 82054
Rockies Express Pipeline, LLC c/o Travis Sinclair
370 Van Gordon Street, Lakewood, CO 80228
Hearing Date: May 7, 2024
A Site -Specific Development Plan and Use by Special Review Permit, for Oil and Gas
Support and Service (Compressor Station) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
Lot B of Recorded Exemption RECX12-0092; Being a part of the NW4 of Section 26,
Township 12 North, Range 63 West of the 6th P.M., Weld County, Colorado
South of and adjacent to County Road 136.5; west of and adjacent to County Road
71
+1- 388.62 acres Parcel No's.
0043-26-2-00-001
0043-26-4-00-002
0043-26-2-00-003
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:
➢ Colorado Division of Water Resources, referral dated February 29, 2024
➢ Weld County Office of Emergency Management, referral dated February 5, 2024
➢ Weld County Oil and Gas Energy Department, referral dated February 7, 2024
➢ Weld County Department of Public Health and Environment, referral dated February 28, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated March 4, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriff's Office, referral dated February 5, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Laramie County
➢ Colorado Parks and Wildlife
➢ Pawnee Fire Protection District
➢ Weld County School District RE -12
➢ West Greeley Conservation District
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Case Summary:
The applicant is requesting a Site -Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility (Compressor Station) identified as the Hereford Ranch Compressor
Station, that will be owned and operated by Rockies Express Pipeline LLC (REX). The purpose of this
project is to provide continuing service to existing natural gas firm transportation customers on the
Trailblazer Pipeline Company, LLC (TPC) Facilities.
The facility will contain one (1) 1,380 horsepower gas compressor unit, one (1) 690 horsepower gas
compressor unit, one (1) eight (8) inch -diameter hot tap, and ancillary facility equipment. There will be onsite
containment of fluids required for maintenance and safe operation of equipment. Compressor coolant will
be housed in two (2) 50" x 60" 500 -gallon double -wall horizontal steel tanks stalled at grade. Two (2) 42" x
42" 215 -gallon fiberglass sump tanks at grade will be installed to capture all compressor drains. One (1)
60" x 84" 1000 -gallon fiberglass tank at grade will house non -potable water for equipment maintenance.
During construction there will be approximately one hundred (100) workers on site. The facility will be
unmanned during operation, with occasional visits for maintenance and routine monitoring. During
operation, the facility will be monitored remotely on a 24 -hour basis. The site will be graveled and fenced
with minimum downcast lighting and operational twenty-four (24) hours a day, seven (7) days a week, three
hundred sixty-five (365) days a year.
The site will implement a limited lighting regiment for internal lighting and will be fully fenced utilizing a
manual gate for vehicular access with the area inside the fence graveled and the area outside of the fence
will be re -vegetated with native grasses. The applicants submitted a Decommissioning Plan with the
application materials.
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.C. - Harmonize development with surrounding land uses.
The facility is proposed for a remote location of the County with no residential structures
located 0.5 to 1.0 miles from the proposed facility. Additionally, the applicant is proposing
to place all equipment within prefabricated structures.
The proposed compressor station is south of the existing Summit Midstream Hereford
Natural Gas Plant. Other adjacent land consists of pastures, crops, rural residences, and
oil and gas. The closest residence is approximately 4500 feet to the south of the proposed
project.
Section 22-2-30.A.1 states: "Land use changes should not inhibit agricultural production
nor operations."
The request for a compressor station does not inhibit agricultural production or operations.
The proposal is located on rangeland and has not recently been farmed and therefore will
not negatively impact agricultural production and operations.
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Section 22-2-40.A.5 of the Weld County Code states: "Encourage agglomeration
economies of synergistic businesses."
The location of this proposed compressor station is within this cluster of similar oil and gas
operations including oil and gas facilities that are grouped in order to limit sprawl of such
uses and whereas such businesses may also proximally benefit from one another as .
Section 22-2-60.8. states: "Support responsible energy and mineral development.
The request for a compressor station supports the local economy and the Oil and Gas
Industry by supporting the service of energy development and providing an alternative fuel
source.
Section 22-2-60.8.3. states: "Require that energy and mineral resource development
conserve the land and minimize the impact on surrounding land and the existing
surrounding land uses."
The proposed Hereford Ranch Compressor Station is located in an area of the County
used primarily as agricultural and pastureland and already contains oil and gas operations
and facilities. The proposed site is surrounded by dryland agricultural fields and few
residents. By keeping the proposed compressor footprint small (approximately 10 -acres
out of the leased 145.6 -acre property), REX intends that surrounding agricultural areas will
not be affected by the compressor station's presence. Once the construction is completed
disturbed areas will be reseeded with a native seed mix
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Sec. 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."
Section 23-3-40.V.-- Uses by special review, of the Weld County Code allows for an "Oil
and Gas Support and Service" facility in the (A) Agricultural Zone District. This code section
allows the applicant to apply for the Hereford Ranch Compressor Station, which directly
supports the oil and gas industry. Per Section 23-1-90 of the Weld County Code "oil and
gas support and service" allows for: "Midstream activities including the processing, storing,
transporting and marketing of oil, natural gas and natural gas liquids." This compressor
station is to expand and enhance natural gas that is being collected from nearby gathering
systems.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The surrounding properties are zoned A (Agricultural). The land uses include residences,
agricultural uses, vacant land, and oil and gas facilities. The property is not within a
recognized overlay district for Flood Hazard Development, Geologic Hazard, Airport
Overlay Districts or Municipal Separate Storm Sewer System (MS4) area.
There are six (6) Use by Special Review (USR) permits within one (1) mile of the subject
property, including but not limited to, Gravel Mining (USR-721 and USR-817), Mineral
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Mining and Processing (1MUSR29-16-0032), Open Mining (1MJUSR21-20-0025), Oil and
Gas Support and Service Facility (1MUSR19-11-1772), and Mineral Resource
Development Facility (3MUSR18-13-0002).
The Weld County Department of Planning Services sent notice to five (5) surrounding
property owners within five hundred (500) feet. No correspondence was received back
from surrounding property owners regarding the proposed application.
The proposed use is in an area that can support this development, the Development
Standards, and the Conditions of Approval (road maintenance agreement) 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.
This site is not located within a three (3) mile referral area, a CPA, or IGA of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within any recognized overlay districts, including the Geologic Hazard
Overlay District, the Special Flood Hazard Development Overlay area, the Airport Overlay
District, Historic Townsites Overlay District, 1-25 Overlay District, the Municipal Separate
Storm Sewer Systems (MS4) defined boundary 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, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed Compressor Station disturbed areas contains soils designated as "Farmland
of Statewide Importance" and "Not Prime Farmland" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The subject property was created via
Recorded Exemption RECX12-0092 in 2013. It appears the disturbed area has been
utilized for non -irrigated rangeland following the split.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This 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
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applicant, other relevant information regarding the request, and responses from referral entities.
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 (Construction) is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair to specified haul
routes during construction. (Development Review)
B. The applicant shall address the comments from Weld County Emergency Management
Office, as stated in the referral dated February 5, 2024. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The applicant shall acknowledge the advisory comments from Weld County Oil and Gas
Energy Department, as stated in the referral dated February 7, 2024. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
D. The applicant shall acknowledge the advisory comments from Colorado Division of Water
Resources, as stated in the referral dated February 29, 2024. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0005 (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-
3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the lighting. (Department of Planning Services)
6. On -site lighting, if applicable. All lighting shall be downcast and shielded so that light
rays will not shine directly onto adjacent properties. Include lighting specification details
on the USR map. Refer to Section 23-2-250.D. of the Weld County Code for design
criteria. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2, of the Weld County Code. (Department of Planning Services)
8. Show and label the location of any emergency and site identification signage.
(Department of Planning Services)
9. The map shall delineate the off-street parking area for the employees with surface type.
(Department of Planning Services)
10. Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number and recording date. (Department of Planning
USR24-0005 I Peters 313 Ranch, Inc.
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Services)
11. County Road 71 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet
of right-of-way at full buildout. The applicant shall delineate and label on the USR 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. If the existing right-of-way cannot
be verified it shall be dedicated. The applicant shall also delineate the physical location
of the roadway. 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.
(Development Review)
12. County Road 136.5 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet
of right-of-way at full buildout. The applicant shall delineate and label on the USR 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. If the existing right-of-way cannot
be verified it shall be labeled as "County Maintained Right -of -Way, No Documentation."
The applicant shall also delineate the physical location of the roadway. 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. (Development Review)
13. Show and label the existing permitted access point onto CR 71. Include the access
usage type (i.e. Oil and Gas), the appropriate width, and the appropriate radii.
(Development Review)
14. Show and label the accepted drainage features. Stormwater detention ponds should
be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the
calculated volume. (Development Review)
2. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
3. 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)
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. 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)
5. The Use by Special Review Permit 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 plat is ready to be recorded in the office of
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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
Rockies Express Pipeline, LLC
Hereford Ranch Compressor Station
USR24-0005
1. A Site Specific Development Plan and Use by Special Review Permit, for Oil and Gas Support and
Service (Compressor Station) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District. (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. This is an unmanned facility. (Department of Planning Services)
4. The facility will operate 24 hours per day, 7 days per week. (Department of Planning Services)
5. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. (Department of
Planning Services)
6. 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 for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
7. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices. (Department of Planning Services)
8. The applicant or operator shall comply with the approved Decommissioning Plan. (Department of
Planning Services)
9. 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 for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
10. 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. (Development Review)
11. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
12. 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. (Development Review)
13. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Construction). (Development Review)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
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15. All liquid and solid wastes (as defined in the Solid Wastes 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)
16. 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. (Department of Public Health and Environment)
17. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. . (Department of Public
Health and Environment)
18. 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 and the accepted dust mitigation plan.
(Department of Public Health and Environment)
19. 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)
20. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of
the facility, at all times. For employees or patrons on site for less than 2 consecutive hours a day, and
2 or less full-time employees on site, 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)
21. 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)
22. 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 Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of
the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health
and Environment)
23. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
24. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
25. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
26. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable.
(Department of Public Health and Environment)
27. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
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28. The facility shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance. (Department of Public Health and Environment)
29. 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)
30. 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 Weld 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)
31. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
34. 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.
35. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner.
36. 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.
37. 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
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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.
38. 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.
39. 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 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
USR24-0005 I Peters 313 Ranch, Inc.
Page 11 of 12
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR24-0005 I Peters 313 Ranch, Inc.
Page 12 of 12
March 29, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: mrwright@weld.gov
Phone: (970) 400-3525
Fax: (970) 304-6498
Austin Bruhn
2618 N Main Street
Elkhorn, NE 68022
Subject: USR24-0005 - A Site Specific Development Plan and Use by Special Review Permit, for Oil
and Gas Support and Service (Compressor Station) outside of subdivisions and historic townsites in
the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT B REC EXEMPT RECX12-0092, being part of the NW4/W2NE4/SE4; and another lot being a part
of the SE4 all in Section 26, T12N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 7, 2024 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 22, 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://aca-
prod.accela.com/WELD/Default.aspx
Respectfully,
Molly
Planner
rQ
ight
From: Melissa King
To: Austin Bruhn
Cc: Molly Wright
Subject: RE: USR24-0005 Drainage Report Review
Date: Wednesday, March 13, 2024 3:43:00 PM
Attachments: imacie002.ioq
image004.pnq
image005.pnq
Afternoon Austin,
Just tried to give you a call and left a VM.
The drainage report that was submitted still has the concerns that were included in the March 1
email, as highlighted below. Therefore, in an effort to finalize this project, the post -development Q
was calculated by staff and compared to the post -development Q provided in the report. It was
determined that the post -development Q is indeed less than the 5 cfs that is included in the
detention exception Sec. 8-11-40.1.9.
Therefore, no stormwater drainage detention will be required for this project.
Please note that for future land use cases that the link below will direct you to the required
stormwater management submittals.
https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-
Review/Drainage-Review
Thanks — let me know if you have questions,
Melissa
Melissa J King, PE, CFM
Development Review Engineer
Weld County Planning Services
1402 N 17th Avenue
Greeley, CO 80632
970-400-3762
From: Austin Bruhn <austin.bruhn@libertycore.com>
Sent: Tuesday, March 5, 2024 4:36 PM
To: Melissa King <mking@weld.gov>
Cc: Molly Wright <mrwright@weld.gov>
Subject: Re: USR24-0005 Traffic Report Review
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.
Good afternoon, Melissa.
Please find attached the updated checklist and stormwater report. Please let me know if you're
needing anything else.
Thanks,
Austin
Austin Bruhn I Permit Specialist
Liberty Core Consultants
2618 N Main St. I Elkhorn, NE 68022
T: 402.806.2850 I austin.bruhnPlibertycore.com
Image
www.libertycore.com
From: Melissa King <mking@weld.gov>
Date: Tuesday, March 5, 2O24 at 1O:21 AM
To: Austin Bruhn <austin.bruhn@libertycore.com>
Cc: Molly Wright <mrwright@weld.gov>
Subject: RE: USR24-0005 Traffic Report Review
You don't often get email from mking@weld.gov. Learn why this is important
Thanks Austin — I am uploading it as "accepted."
Melissa J King, PE
Development Review Engineer
Department of Planning Services
Weld County
1402 N 17th Ave
Greeley, CO 80631
(970) 400-3762
LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES
From: Austin Bruhn <austin.bruhn@libertycore.com>
Sent: Tuesday, March 5, 2024 10:08 AM
To: Melissa King <mking@weld.gov>
Cc: Molly Wright <mrwrightPweld.gov>
Subject: Re: USR24-0005 Traffic Report Review
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.
Good morning, Melissa.
Please find attached the updated traffic report. They are still working on the drainage report, once I
have an update/completion I'll send your way.
Thanks,
Austin
Austin Bruhn I Permit Specialist
Liberty Core Consultants
2618 N Main St. I Elkhorn, NE 68022
T: 402.806.2850 I austin.bruhn@libertycore.com
Image
www.libertycore.com
From: Melissa King <mking@weld.gov>
Date: Friday, March 1, 2024 at 11:44 AM
To: Austin Bruhn <austin.bruhn@libertycore.com>
Cc: Molly Wright <mrwright@weld.gov>
Subject: RE: USR24-0005 Traffic Report Review
You don't often get email from mking@weld.gov. Learn why this is important
Austin,
Cursory review of the drainage report generated the following comments:
1. Please find attached the Certificate of Compliance — complete and return with the
resubmitted drainage report.
2. Please find attached the checklist for a drainage report. Also please visit the County webpage
for the Code required standards/spreadsheets.
https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-
Review/Drainage-Review
3. Please note that the drainage detention exception that was included is not applicable. This
detention exception is not associated with a change in flow but is only for a total flow post -
development.
Please have the engineer call if there are questions,
Melissa
Melissa J King, PE
Development Review Engineer
Department of Planning Services
Weld County
1402 N 17th Ave
Greeley, CO 80631
(970) 400-3762
0
LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES
From: Austin Bruhn<austin.bruhnPlibertycore.com>
Sent: Friday, March 1, 2024 11:02 AM
To: Melissa King <mkingPweld.gov>
Subject: Re: USR24-0005 Traffic Report Review
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.
Yes, you can send drainage comments to me and I can forward along
Austin Bruhn I Permit Specialist
Liberty Core Consultants
2618 N Main St. I Elkhorn, NE 68022
T: 402.806.2850 I austin.bruhn@libertycore.com
Image
0
www.libertycore.com
From: Melissa King <mking@weld.gov>
Date: Friday, March 1, 2O24 at 11:OO AM
To: Austin Bruhn <austin.bruhn@libertycore.com>
Subject: RE: USR24-0005 Traffic Report Review
Ok — also I have some drainage comments — to you? Thanks
Melissa
Melissa J King, PE
Development Review Engineer
Department of Planning Services
Weld County
1402 N 17th Ave
Greeley, CO 80631
(970) 400-3762
LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES
From: Austin Bruhn<austin.bruhnPlibertycore.com>
Sent: Friday, March 1, 2024 10:58 AM
To: Melissa King <mkingPweld.gov>
Subject: Re: USR24-0005 Traffic Report Review
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.
No worries, That's what I was looking for was clarification on the construction traffic. I'll request
engineering to update as "Trip ends or Roundtrips" and include the anticipated construction
timeframe.
Austin Bruhn I Permit Specialist
Liberty Core Consultants
2618 N Main St. I Elkhorn, NE 68022
T: 402.806.2850 I austin.bruhn@libertycore.com
Image
www.libertycore.com
From: Melissa King <mking@weld.gov>
Date: Friday, March 1, 2O24 at 1O:55 AM
To: Austin Bruhn <austin.bruhn@libertycore.com>
Subject: RE: USR24-0005 Traffic Report Review
You don't often get email from mking@weld.gov. Learn why this is important
Sorry — but one more question — trip ends or roundtrips — I didn't see that defined.
Thanks
Melissa
Melissa J King, PE
Development Review Engineer
Department of Planning Services
Weld County
1402 N 17th Ave
Greeley, CO 80631
(970) 400-3762
LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES
From: Austin Bruhn <austin.bruhn@libertycore.com>
Sent: Friday, March 1, 2024 10:49 AM
To: Melissa King <mking@weld.gov>
Cc: Molly Wright <mrwright@weld.gov>
Subject: Re: USR24-0005 Traffic Report Review
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.
Good morning, Melissa.
Just wanted to get clarification on the requested "construction traffic". It looks like we have
Anticipated Traffic included in the Traffic Report. Are you needing additional information? Just
making sure we're getting everything you need.
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0
Thanks,
Austin
Austin Bruhn I Permit Specialist
Liberty Core Consultants
2618 N Main St. I Elkhorn, NE 68022
T: 402.806.2850 I austin.bruhn@libertycore.com
Image
0
www.libertycore.com
From: Melissa King <mking@weld.gov>
Date: Friday, March 1, 2O24 at 1O:22 AM
To: Austin Bruhn <austin.bruhn@libertycore.com>
Cc: Molly Wright <mrwright@weld.gov>
Subject: USR24-0005 Traffic Report Review
You don't often get email from mking@weld.gov. Learn why this is important
Good Morning,
Please update the traffic report for USR24-0005 to include the construction traffic and the
construction time period.
Let me know if there are questions,
Melissa
Melissa J King, PE
Development Review Engineer
Department of Planning Services
Weld County
1402 N 17th Ave
Greeley, CO 80631
(970) 400-3762
0
LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES
Hello