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LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader Hearing Date: May 2, 2023
USR23-0011
Voltagrid LLC c/o TJ Gill 917 Mulberry Lane, Bellaire, TX 77401
Baseline Engineering Corp., c/o Luke Seeber 4007 S. Lincoln Avenue, Loveland, CO
80537
A Site Specific Development Plan and Use by Special Review Permit, for Oil and Gas
Support and Service (CNG Station) outside of subdivisions and historic townsites in
the A (Agricultural) Zone District.
Lot B of Recorded Exemption RE -3024; being a part of the SW4 of Section 20, T2N,
R64W of the 6th P.M., Weld County, CO
East of and adjacent to CR 51; approximately north of 0.35 miles north of CR 18
+/- 7.02 acres
Parcel No. 1305-20-0-00-013
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Town of Hudson, referral dated March 8, 2023
➢ Colorado Division of Water Resources, referral dated April 1, 2023
➢ Weld County Department of Public Health and Environment, referral dated March 1, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated February 16,
2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Colorado Parks and Wildlife, referral dated February 15, 2023
➢ Hudson Fire Protection District, referral dated March 16, 2023
➢ Weld County Sheriff's Office, referral dated February 16, 2023
➢ Weld County Oil and Gas Energy Department, referral dated April 20, 2023
➢ Weld County Department of Planning Services - Code Compliance, referral dated February 16, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Keenesburg
➢ Southeast Weld Conservation District
➢ Weld County Department of Planning Services - Building Inspection
USR23-0011, Voltagrid, LLC
Page 1 of 11
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 (CNG Station fill station). The facility will be able to compress upwards
of 20 million cubic feet of natural gas per day, the natural gas will be coming from the Cureton Gas Plant,
permitted via 1MUSR18-17-0065. The facility will be used to provide CNG to a wide range of customer
applications that are wanting to utilize natural gas. Visitors or customers are not intended to come onsite.
Drivers for Voltagrid will deliver the CNG to customers off -site and will be delivered in accordance with all
DOT and other Federal and State regulations.
The proposed hours of operation are Monday through Sunday 7:00 am — 5:00 pm. The site will have up to
eight (8) full time personnel that work in shifts. Shift hours are to be determined, but there will be at least
one (1) technician and at least two (2) truck drivers available per shift, as stated in the application. The
property currently is vacant but the build out of the facility will include one (1) transformer pad, one (1) gas
dryer skid, four (4) compressor buildings, four (4) dispensers (fill posts), one (1) dolly pad, and one electrical
sea -can (40' container). There is also a 14,200 square foot building proposed that will contain storage
space, a machine shop, break room and offices. A washout facility that drains to a vault is also proposed.
There will not be any natural gas storage apart from what is being loaded into trailers for transportation but
there will be storage of lubricants that follow OSHA requirements. The lubricant will be removed periodically
by approved waste handlers, no more than 100 gallons will be stored on site at one time. There is 6 -foot -
high chain link fence proposed around the perimeter of the site for security purposes.
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 22-2-10.B. states: "Respecting Private Property Rights. One of the basic principles
upon which the United States was founded is the right of citizens to own and utilize property
so long as that use complies with local regulations and does not interfere with or infringe
upon the rights of others."
The request to utilize the parcel located on a currently non -agriculturally productive land
for a CNG Facility is in line with this section of the Comprehensive Plan. The property
owner's business will comply with local regulations and does not appear to interfere with
or infringe upon the rights of others.
Section 22-2-30.A.1 states: "Land use changes should not inhibit agricultural production
nor operations."
The request for a CNG Facility does not inhibit agricultural production or operations. The
proposal is located on a dry corner and has not recently been farmed and therefore will not
negatively impact agricultural production and operations. Additionally, this is a proposed
use that is for the purpose of supporting local farms and businesses by supplying CNG for
the area.
Section 22-2-40.A.5 of the Weld County Code states: "Encourage agglomeration
economies of synergistic businesses."
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This immediate area within Weld County along County Road 18 contains a small hub of oil
and gas -oriented businesses and operations including oil and gas processing facilities,
midstream facilities, support facilities, pipeline corridors and interconnects and production
facilities. The location of this proposed CNG fill 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.
Section 22-2-60.B. states: "Support responsible energy and mineral development.
The request for a CNG Facility supports the local economy and the Oil and Gas Industry
by supporting the service of energy development and providing an alternative fuel source.
Furthermore, the site is in close proximity to appropriate infrastructure for the movement of
the CNG by vehicle. The site is located near CR 49 which is identified as the County
Highway in the Weld County Functional Classification Map and is located near Interstate
76.
Section 22-2-60.B.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."
Weld County recognizes that the oil and gas support and service industries are an essential
component of energy and mineral resource development and the economy. However, such
developments shall have a minimal impact on the citizens and land of the County. The
subject CNG fill station is located in an area that does not impact surrounding land uses or
agricultural activities as the facility is limited to a small footprint, which is encumbered only
by midstream infrastructure. Additionally, this facility is located adjacent to a permitted and
constructed Cureton Gas Plant which is integral to the siting of a CNG fill station.
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 CNG fill 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 facility receives compressed
natural gas from the adjacent Cureton Gas Plant and transports this fuel via pressurized
trucks to customers.
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 rural residential lots created by the recorded exemption
process, such as the subject property. The closest residence is roughly 1,500 feet to the
south of the proposed facility. There are currently no Use by Special Review Permits on
the property. There are a few Special Review permits within one (1) mile of the subject
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property, including but not limited to, one (1) hog farm via SUP -61, one (1) 13"-20" pipeline
via USR18-0103, one (1) cryogenic processing plant via 1MUSR18-17-0065, and one (1)
150 dog kennel via USR-650. Additionally, given the rural and similar surrounding land
uses, this facility appears to be compatible with the area. Additionally, this facility by nature,
must be located immediately adjacent to the existing pipeline.
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 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.
This site is located within the three (3) mile referral area of the Town of Keenesburg and
Hudson. The Town of Hudson returned a referral dated March 8, 2023. The town stated
they have concerns regarding the proposal because a portion of any pipeline connecting
to this facility that is to be located within the town, including town right of way, is required
to obtain a Use by Special Review (USR) additionally the town is also concerned with any
impacts to town roads inside town limits. The Town of Keenesburg did not return a referral
but the site is located within the Towns Coordinate Planning Agreement Area. The Town
of Keenesburg submitted a signed Notice of Inquiry Form dated January 11, 2023 stating
they spoke to the applicant regarding annexation and ultimately the applicant and town did
not come to an agreement.
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 site contains soils designated as "Prime - Irrigated" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The subject property was created via
Recorded Exemption RE -3024 in 2001. It appears the subject property has been utilized
for non -irrigated rangeland following the split. But in recent years leading up to the sale of
the land it did not appear to be utilized for productive farm ground and was not currently
irrigated, therefore, no agricultural land will be impacted by this USR request.
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.
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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
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. The applicant shall acknowledge the comment from the Town of Hudson, as stated in the
referral response dated March 8, 2023. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services. (Department of Planning Services)
B. The applicant shall address the concerns from the Division of Water Resources, as stated in
the referral response dated April 12, 2023. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services. (Department of Planning Services)
C. A Road Maintenance Agreement is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified travel routes. (Development
Review)
D. An acceptable Final Traffic Report, stamped and signed by a professional engineer licensed
in the State of Colorado, is required. (Development Review)
E. An acceptable Final Drainage Report and Certification of Compliance, stamped and signed
by a professional engineer licensed in the State of Colorado, is required. (Development
Review)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0011 (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 proposed landscaping and screening. (Department of
Planning Services)
6. The map shall delineate the lighting. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
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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
Services)
11. County Road 51 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat 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. (Development Review)
12. Show and label the proposed access(es), approved access width and the appropriate
turning radii on the site plan. The applicant must obtain access permit(s) in approved
location(s). (Development Review)
13. 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.
(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. (Development Review)
15. Show and label the approved tracking control on the site plan. (Development Review)
16. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Development Review)
3. 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)
4. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office
of Emergency Management and the Hudson Fire Protection 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 Weld County Department of
Planning Services.
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5. 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)
6. 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)
7. 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
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
Voltagrid LLC
USR23-0011
1. A Site Specific Development Plan and Use by Special Review Permit, for Oil and Gas Support and
Service (CNG 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. The hours of operation are between 7:00 am and 5:00 pm Monday through Sunday. (Department of
Planning Services)
4. The parking area on the site shall be maintained. (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 proposed landscaping and opaque screening on the site shall be maintained. (Department of
Planning Services)
7. 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)
8. 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)
9. 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)
10. 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)
11. 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. The accepted waste
handling plan shall be adhered to. (Department of Public Health and Environment)
12. 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)
13. 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
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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)
14. Any On -site Wastewater Treatment Systems located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public
Health and Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes as applicable.
This application is proposing a well as the source of water. Groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and Environment. It is
recommended that the drinking water is tested prior to consumption and periodically tested over time.
(Department of Public Health and Environment)
16. Any washing areas shall capture all effluent and prevent discharges in accordance with the Rules and
Regulations of the Water Quality Control Commission, and the Environmental Protection Agency.
(Department of Public Health and Environment)
17. 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)
18. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment,
as applicable. (Department of Public Health and Environment)
19. 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)
20. 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)
21. 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)
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
23. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
24. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
25. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
26. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
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27. 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)
28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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
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protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
35. 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
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.
USR23-0011, Voltagrid, LLC
Page 11 of 11
March 20, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weldgov.com
Email: mnader@weld.gov
Phone: (970) 400-400-3527
Fax: (970) 304-6498
SEEBER LUKE
4007 S Lincoln Avenue #405
LOVELAND, CO 80537
Subject: USR23-0011 - A Site Specific Development Plan and Use by Special Review Permit, for
Oil and Gas Support and Service (CNG Station) outside of subdivisions and historic townsites in
the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT B REC EXEMPT RE -3024; PART SW4 SECTION 20, T2N, R64W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 2, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on May 24, 2023 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,
/ /A
6 ,^
Maxwell Nader
Planner
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