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HomeMy WebLinkAbout20252613.tiff Hearing Certification Docket No. 2025-59 Board of County Commissioners Weld County, Colorado Use by Special Review Permit, USR23-0041, for Oil and Gas Support and Service (compressor station) outside of subdivisions and historic townsites in the A (Agricultural) Zone District— DCP Operating Company, LP A public hearing was conducted on September 24, 2025, at 10:00 a.m., with the following present: Commissioner Perry L. Buck, Chair Commissioner Scott K. James, Pro-Tem Commissioner Jason S. Maxey Commissioner Lynette Peppler Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jess Reid Deputy County Attorney, Karin McDougal Department of Planning Services Representative, Molly Wright Development Review Representative, Aaron Maurice The following business was transacted: I hereby certify that pursuant to a Notice dated August 13, 2025, and duly published August 15, 2025, in the Greeley Tribune, a public hearing was conducted to consider the request of DCP Operating Company, LP, for Use by Special Review Permit, USR23-0041, for Oil and Gas Support and Service (compressor station) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Karin McDougal, Deputy County Attorney, made this a matter of record. Molly Wright, Department of Planning Services, presented a brief summary of the proposal for the unmanned site, which will operate 24 hours per day, 7 days per week, 365 days per year, with no customers coming to the site. She stated, in December 2023, the site was permitted by Use by Special Review (USR) Permit, USR23-0018, for open topsoil mining, but has since gone through a technical revision with the Colorado Division of Reclamation, Mining, and Safety (DRMS), for the creation of an approximately 40-acre parcel, and a partial vacation for the newly created parcel. She relayed the project is consistent with zoning intent of Weld County Code and described the adjacent zoning and uses. She mentioned that notice was sent to eight (8) surrounding property owners (SPOs) and outlined the noise and traffic concerns expressed by two (2) SPOs. She stated the site is located within the three (3) mile referral area of the Town of Gilcrest and the Coordinated Planning Agreement area (CPA) of the Town of Gilcrest and the City of Evans. Ms. Wright provided details of the Soil Report and the Noise Study, outlined noise cc:p(,(DE/MN/DA/DA/Kid/KR) 2025-2613 II/0/25 PL2968 Hearing Certification (USR23-0041) — DCP Operating Company, LP Page 2 mitigation methods, displayed images of the site and surrounding views, and entered the favorable recommendation of the Planning Commission into the record, as written. Aaron Maurice, Department of Planning Services, Development Review, stated access is on County Road (CR) 35, provided the average daily traffic counts and stated trip generation will be the highest during the construction phase. He relayed a Road Maintenance Agreement is being requested for construction only, reviewed the tracking control requirements, and stated a Final Drainage Report and Certificate of Compliance had been received. Patrick Groom, attorney with Witwer, Oldenburg, Barry and Groom, LLP, represented the applicant, and in response to Chair Buck, indicated he had not had contact with any of the Commissioners regarding this case. He stated the proposed site will be the first electric motor-driven compressor site built by DCP Operating Company (DCP), LP, in Weld County, which will enable the site to meet the residential noise standard. He clarified why the PowerPoint presentation has the Phillips 66 logo and how it is associated with DCP, explained how compression works, and relayed the compressor itself will be in an insulated building. He provided details about the project, described the construction timeline, which should take three (3) to six (6) months to complete, and discussed the noise and traffic concerns expressed by the SPOs. He relayed, to address said concerns, traffic to the site from the north, during construction, will be on CR 35 to help mitigate impacts to the SPOs. He touted DCP's safety record, credited it partly to remote monitoring and displayed a depiction of the electric motor-driven compressor that will be used at the site. He discussed light and visual mitigation measures, reiterated they will meet the residential noise standard 24 hours a day, and highlighted their community outreach efforts. Commissioner James commended DCP for their use of an electric motor-driven compressor and in response to Commissioner Peppier, Mr. Groom explained there are no emissions from the compressor itself, and all other equipment emissions will be under the allowed limit of their Air Pollutant Emission Notice (APEN) Permit. Mr. Groom clarified for Commissioner Maxey that DCP owns approximately 38 acres, but the footprint of the compressor station is approximately ten (10) acres and confirmed there is a fuel-powered backup compressor, which is in insulated building to mitigate noise and allow them to consistently meet the residential noise limit. No public testimony was offered concerning this matter. Mr. Groom questioned Development Standard (DS) #24 (maximum permissible noise levels), which references the requirements of the Colorado Revised Statute (C.R.S.) and the Weld County Code and asserted the two (2) jurisdictions currently have different nighttime operation standards, which at some point could create a compliance issue. He requested the Board strike the C.R.S. reference, which they did, and they made no other changes to the Resolution. 2025-2613 PL2968 Hearing Certification (USR23-0041) — DCP Operating Company, LP Page 3 No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. Commissioner James moved to approve the request of DCP Operating Company, LP, for Use by Special Review Permit, USR23-0041, for Oil and Gas Support and Service (compressor station) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner Ross, and it carried unanimously. Commissioner Maxey stated, although he did not agree that a compressor station is a temporary use, he would support the motion as he believed the application is compliant with Weld County Code Section 23-2-230.B. There being no further discussion, the hearing was completed at 11:33 a.m. (Clerk's Note: Teams recording start timestamp 1:04:28) The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Hearing Certification, on motion duly made and seconded, by the following vote on the 8th day of October, A.D., 2025: Perry L. Buck, Chair: Aye ,, Scott K. James, Pro-Tern: Aye 441 �_ l��1� Jason S. Maxey: Aye /' .a lit Lynette Peppier: Aye I10,0 .- Kevin D. Ross: Aye 14( 0 ; Attest: .�„ rot Esther E. Gesick, Clerk to the Board 2025-2613 PL2968 ATTENDANCE LIST NAME. 4L tbEGI 1 . ADDRESS°(C TY,STATEZII E Lx, ,l h �` 6 u E f-"c def".5 rt., 1 if°y tis i.. 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