HomeMy WebLinkAbout20220020.tiffRESOLUTION
RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0114, FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS
SUPPORT AND SERVICE (INCLUDING FOUR [4] GAS COMPRESSORS, A CONEX
CONTAINER OR SMALL BUILDING TO STORE SPARE PARTS AND MATERIAL
STORAGE, AND A SMALL MOTOR CONTROL CENTER BUILDING AND RELATED
EQUIPMENT), UP TO FOUR (4) CONSTRUCTION OFFICE TRAILERS AND SIX (6)
CONNEX CONTAINERS FOR USE DURING THE CONSTRUCTION OF THE FACILITY
IN THE A (AGRICULTURAL) ZONE DISTRICT, AND RESCIND RESOLUTION
#2019-0903, DATED MARCH 6,2019 -BLACK MOUNTAIN LAND COMPANY, LP, C/O
CURETON FRONT RANGE, LLC (AKA CURETON MIDSTREAM, LLC)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on March 6, 2019, the Board approved the application of Black Mountain
Land Company, LP, 500 Main Street, Suite 1200, Fort Worth, Texas 76102-3926, c/o Cureton
Midstream, LLC, 518 17th Street, Suite 650, Denver, Colorado 80202, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0114, for Mineral Resource
Development Facilities including Oil and Gas Support and Service (including four [4] gas
compressors, a conex container or small building to store spare parts and material storage, and
a small motor control center building and related equipment), up to four (4) construction office
trailers and six (6) conex containers for use during the construction of the facility in the
A (Agricultural) Zone District, on the following described real estate, to -wit, and:
Subdivision Exemption, SUBX18-0037; being part
of the NW1/4 of Section 9, Township 3 North,
Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on January 3, 2022, the Board was presented with a letter, dated July 13,
2021, from the applicant requesting the withdrawal of the application, stating the result of
changing economic factors related to the oil and gas industry and Cureton's revised business
priorities and strategic growth directive prevent moving forward with the original plan, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and all of the exhibits and
evidence presented in this matter and, having been fully informed, deems it advisable to grant the
applicant's request and thereby accept the withdrawal of the application and to rescind Resolution
#2019-0903, dated March 6, 2019.
CC:PL(TP/Mco), API. 2022-0020
2/$'/ PL2644
WITHDRAW USR18-0114 AND RESCIND RESOLUTION #2019-0903 - BLACK MOUNTAIN
LAND COMPANY, LP, C/O CURETON FRONT FRANGE, LLC (AKA CURETON MIDSTREAM,
LLC)
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Black Mountain Land Company, LP, c/o Cureton Front
Range, LLC (aka Cureton Midstream, LLC), to withdraw the application for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0114, for Mineral Resource
Development Facilities including Oil and Gas Support and Service (including four [4] gas
compressors, a conex container or small building to store spare parts and material storage and a
small motor control center building and related equipment, up to four (4) construction office trailers
and six (6) conex containers for use during the construction of the facility in the A (Agricultural)
Zone District, on the parcel of land described above, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution #2019-0903, dated March 6, 2019, be, and hereby is, rescinded.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of January, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WEL COON Y, COLORADO
ATTEST:� %
Sco K. James, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY:
puty Clerk to the Boa
►apt
ounty
Date of signature: I //,/LL
Moreno
ori Saine
2022-0020
PL2644
Department of Planning Services
Memorandum
To: Weld County Board of County Commissioners
From: Kim Ogle
Hearing Date: January 3, 2022
Case Number: USR18-0114
Applicant: Black Mountain Land Company, LP c/o Cureton Midstream LLC
Legal SUBX18-0037 being part of the NW4 of Section 1, Township4 North, Range 64 West of the
Description: 6'h P.M., Weld County Colorado
Location: South of and adjacent to County Road 36 section line; east of and adjacent to County
Road 77 section line
Zoning: A (Agricultural)
Size of Parcel: 10 +1- acres Parcel Number: 1219-09-0-00-002
Narrative: Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support
and Service including (Four (4) gas compressors, a Conex container or small building to
store spare parts and material storage and a small motor control center building and related
equipment), and up to four (4) construction office trailers and six (6) conex containers for use
during the construction of the facility in the A (Agricultural) Zone was approved by the Board
of County Commissioners on March 6, 2019.
The Department of Planning Services received a letter from Nick Holland, Cureton Front
Range LLC requesting the approval of USR18-0114 be rescinded and the approval
withdrawn. This request is the result of the changing economic factors related to the oil and
gas industry and Cureton's revised business priorities and strategic growth directives.
The SUBX18-0037 Plat and the USR Map have not been perfected or submitted for
recording.
The Department of Planning Services has reviewed the request of the applicant and is in support of the action
requested.
1/3 PL2644
Esther Gesick
From; Jody Glennon <jglennon@olsson.com>
Sent: Friday, September 6, 2019 5:06 PM
To: Kim Ogle; Esther Gesick
Cc: Nick Holland; Jody Glennon
Subject: Cureton/Change of Entity Request for USR18-0114/Black Creek CS
Attachments: Cureton_Black Creek Compressor Station_Entity U pdate_20 1 9_0906.pdf
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.
Hi, Kim & Esther -
I am submitting the attached request on behalf of Cureton Front Range, LLC, in follow-up to a conversation I had with Kim
earlier this week.
Cureton is requesting an administrative change for the Black Creek Compressor Station to properly reflect the company
entity that holds USR1 8-0114. Cureton is requesting to have the Black Creek Compressor Station permitted under
Cureton Front Range, LLC (instead of Cureton Midstream, LLC). Cureton Front Range, LLC is the entity that should hold
the USR for the Black Creek Compressor Station as it is the operating entity — this important detail was overlooked during
the USR permitting process.
Would you please let me know if you have any questions or concerns regarding this request? Also, I need to provide
Cureton with proof that this change has been made/accepted-can you recommend what I provide Cureton to satisfy that
request?
Thanks so much for your help. Have a wonderful weekend.
Jody on behalf of Cureton Front Range, LLC
Jody Glennon
Environmental Planning & Permitting
D 303.374.3172
C 720 219 7767
olssom
2019-4271
CURETON
MIDSTREAM
Esther E. Gesick, Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80632
Subject: Cureton's Black Creek Compressor Station (USRI8-0114}
Dear Ms. Gesick and Mr. Ogle:
518 I7'' STREET SUITE 1405
DENVER, CO 80202
PHONE; 303-324-5967
Septem ber 6, 2019
Kim Ogle, Planner
Weld County Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Cureton's Black Creek Compressor Station is located south of and adjacent to County Road (CR) 36 section
line, and east of and adjacent to CR 77 section line in Weld County, Colorado. The Black Creek Compressor
Station was permitted with Weld County under Use by Special Review (USR) Permit No. 18-0114. The USR
and associated requirements were permitted under Black Mountain Land Company, LP, c/o Cureton
Midstream, LLC.
I am requesting an administrative change for the Black Creek Compressor Station to properly reflect our
company entity that holds the USR. I request to have the Black Creek Compressor Station permitted under
Cureton Front Range, LLC (instead of Cureton Midstream, LLC). Cureton Midstream, LLC is our parent
company --a Denver -based midstream company started in 2016. Cureton Front Range, LLC was started in
2017 and is the operating entity of Cureton Midstream, LLC. Cureton Front Range, LLC is the entity that
should hold the USR for the Black Creek Compressor Station as it is the operating entity — this important
detail was overlooked during the USR permitting process.
I understand my request involves an administrative only change, that this letter will be made part of the USR
file for this facility, and that the change will apply to the USR Permit (USR1S-0114) and associated files.
Included with this letter is an Authorization Form; Statement of Foreign Entity Authority for Cureton Front
Range, LLC; and Certificate of Formation of Cureton Front Range, LLC. Should Weld County have any
questions or require any additional information regarding this change request, please contact me. I can be
reached at 720.390.4506 or nick.hoiland curetonmidstream.com. Thank you for your time.
Sincerely,
Cureton Front Range, LLC
Nick Holland
Director EHSR 1 720-390-4506 1 nick.hoIland@cuetonmidreacorn
enclosures: Authorization Form
Statement of Foreign Entity Authority for Cureton Front Range, LLC
Certificate of Formation of Cureton Front Range, LLC
CURETON
MIDSTREAM
Weld County Planning Services
ATTN: Kim Ogle, Principal Planner
1555 North 17th Avenue
Greeley, CO 80631
970.400.6100 Office
970.400.3549 Direct
518 17TH Street, Suite 1405
Denver, CO 80202
Phone: 720-390-4555
July 13, 2021
E.mall Submittal to HOg/eQWeld
Subject: Cureton Front Range, LLC's Black Creek Compressor Station (USRI8-0114)
Dear Mr. Ogle:
Cureton Front Range, LLC's (Cureton's) Black Creek Compressor Station site is located south of and adjacent to
the County Road (CR) 36 section line, and east of and adjacent to the CR 77 section line in Weld County,
Colorado. The Black Creek Compressor Station was permitted with Weld County under Use by Special Review
(USR) Permit No. 18-0114. The USR and associated requirements were permitted under Black Mountain Land
Company, LP, c/o Cureton Midstream, LLC (which was updated in September 2019 to Cureton Front Range, LLC,
through an administrative change with Weld County).
As conditions of Weld County's approval of USR18-0114, Cureton was to finalize and record the SubX, USR Mylar
maps, and Road Maintenance Agreement for construction, and complete various other conditions prior to
construction and operation of the site. Unfortunately, due to various economic factors related to the oil and gas
industry, Cureton's revised business priorities and strategic growth directives, and challenges related to the land
use authorization for this site, I am writing to inform Weld County that Cureton wishes to revoke this permit as
our company no longer plans to develop this site.
Cureton recognizes the time and energy Weld County Planning and Public Works staff have invested in this USR,
as well as the contributions from the Planning Commissioners and Board of County Commissioners. We regret
to have arrived at and have to communicate this decision and wish to express our sincere appreciation of the
County's patience and guidance as we gave the decision thoughtful and extensive consideration.
I can be reached via email at ni a @c�rretonmidstream. m or by phone at 720.390.4506 regarding any
questions or requests for additional information. Thank you for your time, Kim, and all the coordination with our
team, including contractor team to date.
Sincerely,
Nick Holland
Director EHSR
Cureton Front Range, LLC
ii Page
DEPARTMENT OF PLANNING AND BUILDING
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM
I, (We), Black Mountain Land Company. LP, give permission to Curetor Front Range. LLC
(Owner — please print) (Authorized Agent — please print)
to apply for any Planning, Building or Septic permits on our behalf, for the property located at (address or
parcel number) below:
10 acres located within the below to be more particularly described by survey
Legal Description: NWI4NWI4 of Section 9 , Township 3 N, Range 62 W
Subdivision Name:
Property Owners Information:
Address: Brittany Stiamaun: 500 Main Street, Suite 1000 Fort Worth, TX 76102
Phone: 830-708-0266
Authorized Agent Contact Information:
Lot Block
E-mail: Brittany ShamaunCd7blackmin.com
Address: Nick Holland: 518 17th Street, Suite 650, Denver, CO 80202
Phone: 720-390-456 E -Mail: Nick.Holland curetonmidstream_com
Correspondence to be sent to: Owner Authorized Agent Both X I by Mai( Email X
Additional
Owner Signature: Date: , —/1
Owner Signature:
Date-
Document must be filed electronically,
Paper documents are not accepted.
Fees & forms are subject to change.
For more information or to print copies
of filed documents, visit www.sos.state.co.us.
Colorado Secretary of State
Date and Time: 07/18/2017 01:42 PM
ID Number: 20171539368
Document number. 20171539368
Amount Paid: $100.00
ABOVE SPACE FOR OFFICE USE ONLY
Statement of Foreign Entity Authority
filed pursuant to § 7-90-803 of the Colorado Revised Statutes (C.R.S.)
1. The entity ID number, the entity name, and the true name, if different, are
Entity ID number 20171539368 _
(Colorado Secretary ofState ID number)
Entity name Cureton Front Range LLC
True name
(ifdifferent from the entity name)
2. The form of entity and the jurisdiction under the law of which the entity is formed are
Form of entity Foreign Limited Liability Company
Jurisdiction Delaware
3. The principal office address of the entity's principal office is
Street address 2021 McKinney Avenue, Suite 1250
(Street number and name)
Dallas TX 75201
(CO') (State) (ZIP/Postal Code)
United States
(Province ifapplicable) (Country)
Ma ilin# address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(City) (Slate) (GIP/Postal Code)
(Province — if applicable) (Country)
4. The registered agent name and registered agent address of the entity's registered agent are
Name
(if an individual)
(last) (First) �iAl�Jdle/ (5uff xJ
or
(if an entity) The Corporation Com an _ - -
(Caution: Do not provide both an individual and an entity name)
AUTHORITY Page 1 of 3 Rev 1210112011
Street address 7700 E ARAPAHOE RD STE 220
(Street number and name)
CENTENNIAL _ CO 80112-1268
(City) (State) (ZIP Code)
Mailing address
(leave blank if same as street address) (Street number and name or Posr Ofce Box Information)
CO
(City) (Slate) (ZIP Code)
(The following statement is adapted by marking the box)
0 The person appointed as registered agent above has consented to being so appointed.
The date the entity commenced or expects to commence transacting business or conducting activities in
Colorado is 07/20/2017
(mm/dd/yyyy)
6. (If applicable, adopt the following statement by marking the box and include an attachment,)
❑ This document contains additional information as provided by law.
7. (Caution.' Leduc blank if the document does not have a delayed effective date. Stating a delayed effective date has
signlftcan( legal consequences. Read instructions before entering a date.)
(If the following statement applies, adopt the statement by entering a date and if applicable, time using the required format.)
The delayed effective date and, if applicable, time of this document is/are
(mmlddlyyyy hour:minute am/pm)
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, whether or not such individual is named in the document as one who has caused it to be delivered.
8. The true name and mailing address of the individual causing the document to be delivered for filing are
Vanlandiham Brooks
(Last) (First) (Middle) (Suffix)
600 Travis Street, Suite 2800 _ _
(Street number and name or Post Office Box information)
Houston
(City)
(Province - if applicable)
TX 77002
(State) (ZIP/Postal Code)
United States
(Country)
(If the frlloerrng srcitenrenr upphvs. adapt they statemenr by ,,larking rile hot and rnchale an orrm:hmrnLt
❑ This document contains the true ranie and mail Ing address of one or more additional individuals
causing the document to be delivered for filing.
AUTHORITY Page 2 of 3 Rev 1 2/0/2011
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
AUTHORITY Page 3 of 3 Rev 12/01f2011
Delaware
The First State
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF FORMATION OF CURETON FRONT RANGE
LLC', FILED IN THIS OFFICE ON THE FOURTEENTH DAY OF JULY, A.D.
2017, AT 6;53 O'CLOCK P.M.
�inNY5 ltxt
6478787 8100
5R# 20175250125
You may verify this certificate online at corp.delaware.gov/authver.shtmi
Page 1
\7I
nv.na. *e{nq'V m Slaw
Authentication: 202892634
Date: 07-17-17
CERTIFICATE OF FORMATION
OF
CURE TON FRONT RANGE LLC
I, the undersigned natural person of the age of eighteen years or more, acting as an
authorized person of a limited liability company under the Delaware Limited Liability Company
Act, as amended, do hereby submit the following Certificate of Formation for such limited
liability company:
1. The name of the limited liability company is Cureton Front Range LLC.
2. The address of the limited liability company's initial registered agent in the State
of Delaware is Corporation Trust Center, 1209 Orange Street, City of
Wilmington, County of New Castle, Delaware 19801. The name of its registered
agent at such address is The Corporation Trust Company.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of July, 2017.
Is/ Brooks Vanlandingham
Brooks Vanlandingham, Authorized Person
}IOU;OO275561OOOO7: 84v1
Stale of Delaware
Secretary of State
D'nlsbn of Corporations
Delivered 06:53 PM 07 14:2017
FILED 06:53 P11 07 14 3017
SR 20175250125 • Flk\uwber 6478787
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0114, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE (INCLUDING FOUR (4) GAS
COMPRESSORS, A CONEX CONTAINER OR SMALL BUILDING TO STORE SPARE
PARTS AND MATERIAL STORAGE AND A SMALL MOTOR CONTROL CENTER
BUILDING AND RELATED EQUIPMENT), UP TO FOUR (4) CONSTRUCTION OFFICE
TRAILERS AND SIX (6) CONEX CONTAINERS FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT
BLACK MOUNTAIN LAND COMPANY, LP, C/O CURETON MIDSTREAM, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 6th day of
March, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Black Mountain Land Company, LP, 500 Main Street, Suite 1200, Fort Worth,
Texas 76102-3926, c/o Cureton Midstream, LLC, 518 17th Street, Suite 650, Denver, OO80202,
for a Site Specific Development Plan and Use by Special Review Permit, USRIB-0114, for Mineral
Resource Development Facilities including Oil and Gas Support and Service (including four (4)
gas compressors, a conex container or small building to store spare parts and material storage
and a small motor control center building and related equipment), up to four (4) construction office
trailers and six (6) conex containers for use during the construction of the facility in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Subdivision Exemption, SUBX18-0037; being part of
the NWI/4 of Section 9, Township 3 North, Range
62 West of the 6th P.M., Weld County, Colorado
WHEREAS,
at
said hearing, the
applicant
was represented by Nick Holland, Cureton
Midstream, LLC, 518
17th
Street, Denver,
Colorado
80202, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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
Board
of County Commissioners that
the applicant has
shown compliance with
Section
23-2-230.B of the
Weld
County
Code as follows:
Gc,'. PL ( MOITP), PW(4EP), HCB F).
CC►-CSc�, GL PPL , a.PPL REP
04/I t t9
2019-0903
PL2644
SPECIAL REVIEW PERMIT (USR18-0114) - BLACK MOUNTAIN LAND COMPANY, LP, CiO
CURETON MIDSTREAM, LLC
PAGE 2
A. Section 23-2-230,B,1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region" The land that Cureton Midstream, LLC,
is proposing to convert to industrial use is non -irrigated land that is
located in a rural area. There are pipelines and associated
improvements proposed for this facility.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development" The proposed facility will be
unmanned, with bottled water and port -a -lets utilized during
construction and removed post construction. Access to the facility
is via an approved access point from County Road 386.
3) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." The proposed facility is
located on land which is currently non -irrigated land being
converted to an industrial use located more than one -mile from any
residence not associated with the ranch.
4) Section 22-2-20,1.5 (A. Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral
process, The property is not within a recognized Geologic Hazard,
Flood Hazard, MS4 area or Airport Overlay District. Local and State
referral agencies were contacted for their comments concerning
this proposed facility and, as appropriate, their comments have
been as a Condition of Approval or a Development Standard.
Planning staff has not received any correspondence or telephone
calls concerning this application.
5) Section 22-5-100,A2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of this
[Weld County] Code." The proposed Black Creek Compressor
Station site is located in a sparsely populated area of the County
where there is developing oil and gas development. The site will
2019-0903
PL2644
SPECIAL REVIEW PERMIT (USR18-0114) - BLACK MOUNTAIN LAND COMPANY, LP, CIO
CURETON MIDSTREAM, LLC
PAGE 3
utilize piping to bring gas to the facility, thereby limiting truck traffic
on area roads. While construction of the site will generate some
impacts because of the extra activity and trips to the site, once the
facility is constructed, the site and the impacts on the surrounding
land will be minimal.
6) Section 22-5-100,8.6 (OG.Policy 2.6) states: "Promote the safety of
all citizens and structures that are in relatively close proximity to oil
and gas facilities." The applicant will be required to create and
obtain approval from the Southeast Weld Fire Protection District
and Weld County Office of Emergency Management of an
Emergency Action Plan for the facility. The applicant indicates they
have been in contact the Fire District to inform them about the
project and coordinate with them on an Emergency Action Plan. An
Emergency Information Sheet will be distributed to the District every
year with updated information. Oil and gas development in the
County is an integral part of the County economy and has a
substantial direct and indirect impact on current and future land use.
Oil and gas development is cyclical, but the economics of energy
suggests sustained levels of exploration and extraction in the
County for the next twenty (20) years. Cureton is a business that is
in the midstream segment of the natural gas industry. As part of its
business, Curetar gathers natural gas via pipelines for processing
and transmits final products to customers via pipelines. In Weld
County, Cureton operates an expanding network of gathering
pipelines as well as gas processing plants. The DJ Basin area has
seen rapid expansion as new drilling technologies are allowing
more oil and gas to be produced. As a result, gas gathering and
processing capacity needs to be expanded in order to meet the
growing production. To meet these needs! Cureton is proposing,
the Black Creek compressor station necessitated by the need to
move larger volumes of gas due to the increases in drilling activity
and projected additional production increases anticipated by
producers, The proposed compressor will be sited on a ten (10)
acre Subdivision Exemption parcel for oil and gas support and
service. 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 due to
the construction of this facility,
B. Section 23-2-230,8.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
2019-0903
PL2644
SPECIAL REVIEW PERMIT (USR18-0114) - BLACK MOUNTAIN LAND COMPANY, LP, C/O
CURETON MIDSTREAM, LLC
PAGE 4
1) Section 23-3-40.A.2 of the Weld County Code provides for Mineral
Resource Development, Oil and Gas Support and Service, and
Section 23-3-40.K allows one (1) or more microwave, radio,
television or other communication transmission or relay tower over
seventy (70) feet in height per Lot as a Use by Special Review in
the A (Agricultural) Zone District. 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 intended to provide areas for the conduct of Uses
by Special Review which have been determined to be more intense
or to have a potentially greater impact than Uses Allowed by Right.
The A (Agricultural) Zone District regulations are established to
promote the health, safety and general welfare of the present and
future residents of the County.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Black Creek
Compressor Station is located in an area of the County used primarily for
dryland agriculture and pasture land and already contains various oil and
gas operations and facilities. The existing site is surrounded by two (2)
irrigated center pivots, dryland agricultural fields and very few residents. By
keeping the proposed compressor footprint small (approximately ten (10)
acres), Cureton intends that surrounding agricultural areas will not be
affected by the compressor station's presence. Once the construction is
completed, the contractor laydown yard/parking area that was disturbed
will be reseeded with a native seed mix. The impact from light onto adjacent
properties will be minimized. The lights that will be onsite, will be manually
turned on by an operator when needed. No security lighting is proposed;
however, shielding for the manual outdoor lights is proposed to help
mitigate any light pollution that may occur during those times an operator
needs to access the facility at night. Noise impacts are limited due to the
remote location of the facility. Noise generated by this facility will not
exceed the Light Industrial noise standards as delineated in
C.R.S. §25-12-103. There are three (3) property owners on eleven (11)
parcels within five hundred (500) feet of this facility with the nearest
residence located more than one (1) mile from the proposed facility.
Planning staff has not received any telephone calls or letters of
correspondence concerning this land use application. In the unlikely event
operations cease at the Black Creek Compressor Station, Cureton will
remove the equipment in accordance with the Colorado Oil and Gas
Conservation Commission (COGCC) regulations. Where possible,
materials will be reused or recycled. Where required, materials for disposal
will be removed by a licensed contractor and transported to a disposal site.
Cureton will comply with all COGCC regulations concerning site
restoration.
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D. Section 23-2-230.B.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 not within a three (3) mile referral area of a
municipality or a County.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The property is not within a recognized
overlay district for the Geologic Hazard, Flood Hazard, MS4 area or Airport
Overlay District. Building Permits issued on the lots 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 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. This proposed facility is located on a single leasehold parcel secured
through a Subdivision Exemption for oil and gas support and service. The
proposed facility is sited on lands that are designated as "Other Land" on
the Important Farmlands of Weld County Map, dated 1979.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Black Mountain Land Company, LP, c/o Cureton
Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-O114, for Mineral Resource Development Facilities including Oil and Gas Support and
Service (including four (4) gas compressors, a conex container or small building to store spare
parts and material storage and a small motor control center building and related equipment), up
to four (4) construction office trailers and six (6) conex containers for use during the construction
of the facility in the A (Agricultural) Zone District, on the parcel of land described above be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the USR map:
A. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
B. During construction, 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.
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PAGE 6
C. The applicant shall submit a recorded copy of any agreement signed by all
of the owners of the property crossed by the access. The access shall be
for ingress, egress, utilities and shall be referenced on the USR map by the
Weld County Clerk and Recorder's Reception number.
D. The USR map shall be amended to delineate the following
-
1) All sheets of the USR map shall be labeled USR18-0114.
2) The attached Development Standards.
3) The USR map shall be prepared in accordance with Section
23-2-260,D of the Weld County Code.
4) County Road 386 is a gravel 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 the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
5) County Road 34 Section Line is shown to have 30 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall delineate the existing right-of-
way on the site plan. The applicant shall show and label the section
line right-of-way as "CR 34 Section Line Right -of -Way, not County
maintained." All setbacks shall be measured from the edge of right-
of-way,
6) County Road 77 Section Line is shown to have 30 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall delineate the existing right-of-
way on the site plan. Show and label the section line Right -of -Way
as "CR 77 Section Line Right -Of -Way, not County maintained." All
setbacks shall be measured from the edge of right-of-way.
7) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan, The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
8) The applicant shall show and label the approved Tracking Control
on the site plan.
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9) The applicant shall 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.
10) The applicant shall show and label a 30 -foot minimum access and
utility easement to provide legal access to the parcel on the site
plan.
11) The applicant shall 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.
12) The applicant shall show and label the drainage flow arrows.
13) The
applicant shall show and
label the parking and
traffic circulation
flow
arrows showing how the
traffic moves around
the property,
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. Prior to Operation
A. 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.
4, Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar USR map along with all other documentation required as Conditions of
Approval, The Mylar USR map shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services. The USR map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar USR 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.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the USR map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners resolution, a
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$50.00 recording continuance charge shall be added for each additional three (3)
month period.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the USR map is ready to be
recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
*�c�C. arbara Kirkmeye , Chair
Weld County Clerk to the Board _ -fi -n
APP
AST l:tM:I�
\tforney
Steve Moreno
Date of signature:.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BLACK MOUNTAIN LAND COMPANY, LP, C/O CURETON MIDSTREAM, LLC
USR18-0106
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0114, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service (including
four (4) gas compressors, a conex container or small building to store spare parts and
material storage and a small motor control center building and related equipment), and up
to four (4) construction office trailers and six (6) conex containers for use during the
construction of the facility in the A (Agricultural) Zone, and subject to the Development
Standards stated hereon,
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code,
3. This is an unmanned facility.
4. The facility will operate 24 hours per day 365 days per year.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6. The applicant or operator shall comply with the approved Decommissioning Plan.
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.
8. 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.
9 The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
11 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.
12. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
13. Access will
be
along unmaintained
County
right-of-way and maintenance of the
right-of-way
will
not be the responsibility
of Weld
County.
14. The historical flow patterns and runoff amounts on the site will be maintained.
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15. Weld County is not responsible for the maintenance of on -site drainage related features.
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R,S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination,
17. 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, C,R.S. §30-20-100.5.
18. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I, of the Weld County Code.
19. 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,
20. 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 of the
Colorado Department of Public Health and Environment, as applicable.
21. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are onsite for less than
two (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
and shall contain hand sanitizers,
22. All potentially hazardous 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.
23.. 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 Commission (COGCC) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
24. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
25. 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.
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26. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone as delineated in C.R.S. §25-12-103. This is measured at the USR
boundary.
27. 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.
28. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available onsite or as applicable.
29. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
30. 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.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. Sources of light shall be shielded so that beams or rays of light 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.
33. Building Permits issued on the proposed 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.
34. The property owner or
operator
shall
be
responsible for complying with the Design and
Operation Standards of
Chapter
23 of
the
Weld County Code.
35. 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 after giving twenty-four (24) hour notice 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.
36. 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
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PAGE 4
permitted. Any other changes shall be filed in the office of the Department of Planning
Services,
37 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,
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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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