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Description: R67W of the 61h P.M. Weld County, Colorado
LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst Hearing Date: July 20, 2021
2MJUSR21-14-0013
Anadarko E & P Company LP
c/o David Van Der Vieren
1099 181h Street, Denver, CO 80202
A Site Specific Development Plan and Second Amended Use By Special Review
Permit No. to USR14-0013 for Mineral Resource Development Facilities including Oil
and Gas Support and Service (compressor station for natural gas and all related
equipment, including, but not limited to, eight (8) compressors, vapor recovery units,
separators, dehydrators, storage tanks, and one (1) seventy-foot in height
communication tower), a glycol regen skid, a BTEX skid, a vapor recover unit, a
coalescing filter skid, pipe racks, and two (2) eighty -foot tall lightning protection masts
to add stockpiling of topsoil, reclaimed gravel, reclaimed concrete, et cetera, a laydown
yard, and more than the number of cargo containers allowed by Section 23-3-30 of the
Weld County Code (up to 30 cargo containers proposed) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District
9290 County Road 34
Platteville, CO 80651
Lot C of Recorded Exemption RE -3621 being part of the NW4 Section 15, T3N,
Location:
South and adjacent to County Road 34 and east and adjacent to County Road 19
Size of Parcel: +/- 153.23 acres Parcel No: 1209-15-2-00-036
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:
Office of Emergency Management, referral dated May 17, 2021
Y Weld County Department of Public Works, referral dated May 14, 2021
Y Weld County Department of Public Health and Environment, referral dated May 20, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V V V V V
Town of Mead, referral dated June 8, 2021
Town of Firestone, referral dated May 14, 2021
Town of Platteville, referral dated May 18, 2021
Weld County Sheriff's Office, referral dated May 19, 2021
Weld County Zoning Compliance, referral dated May 13, 2021
Weld County School District RE -1, referral dated May 13, 2021
Central Weld County Water District, referral dated May 26, 2021
Platteville-Gilcrest Fire Protection District, referral dated May 13, 2021
State of Colorado, Division of Water Resources, referral dated June 15, 2021
2MJUSR21-14-0013
Page 1
The Department of Planning Services' staff has not received responses from the following agencies:
Town of Milliken
Colorado Parks and Wildlife
▪ Weld County Assessor's Office
▪ Platte Valley Conservation District
▪ Colorado Department of Public Health and Environment
2MJUSR21-14-0013
Page 2
Case Summary:
The original Use by Special Review (USR14-0013) was approved for the St. Vrain compressor station on
July 23, 2014 and recorded on January 14, 2015 under reception #4075818. A minor amendment
(1 MUSR17-14-0013) to add a glycol regen skid, a BTEX skid, a vapor recover unit, a coalescing filter skid,
pipe racks and two (2) eighty (80) foot tall lightning protection masts was approved on March 9, 2018 and
recorded June 25, 2018 under reception #4409714.
With this Major Amendment, the applicant is proposing to add stockpiling of topsoil, reclaimed gravel,
reclaimed concrete, et cetera, an approximately twelve (12) acre laydown yard (storage area) and up to
thirty (30) cargo containers.
The hours of operation are 6:00 a.m. to 6:00 p.m. Monday through Friday to access the stockpiles and the
hours of operation for the laydown yard (storage area) vary based on time of year, specifically the hours of
sunlight per day and the level of operations in the field. The laydown yard (storage yard) will typically be
accessed from 6:00 a.m. to 6:00 p.m., Monday through Friday, with occasional weekend use on Saturday
and Sunday from 6:00 a.m. to 6:00 p.m. Only in an emergency would the laydown yard be accessed at
night.
There are no permanent employees at the stockpiling area but there could be up to twenty (20) employees
at any one-time during loading or unloading of topsoil, reclaimed gravel, and reclaimed concrete. The site
will be accessed on an as -needed basis, with materials brought to or removed from the stockpile based on
activity in the field. The laydown yard (storage area) will have one and a half (1.5) shifts per day with a
maximum of six (6) employees or contractors accessing the location throughout the shifts.
The approximate twelve (12) acre laydown yard (storage area) will store equipment used to support water
needs associated with exploration and production activities in the DJ Basin, such as pipe fittings, pipe
sections, steel risers, steel manifolds, and pipe weights. The equipment is used to support water delivery
infrastructure that allows water to be piped, as opposed to trucked, to drilling and completion locations.
There will be up to 30 cargo containers on site.
The existing compressor station is currently surrounded by a six (6) foot tall chain link fence and some
landscaping primarily along the northern and eastern boundaries. The laydown yard (storage area) will be
surrounded by a fence. The stockpiles will be outside of the existing and proposed fenced areas. No
additional signage or landscaping are proposed with this amendment. There are no changes to the
compressor station.
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 22-2-60.B. states: "Support responsible energy and mineral development."
Section 22-2-60.B.3. states: "Ensure that surface development reasonably accommodates
mineral extraction."
The site has been used as a compressor station consistently since USR14-0013 was approved
in 2014. The proposed major amendment for the stockpiling of topsoil, reclaimed gravel,
reclaimed concrete et cetera and a laydown yard (storage area) will add more traffic and
occasional employees to the site. The intent of the stockpiling is to centralize materials near
planned operations in order and reduce traffic impacts to neighboring municipalities and road
infrastructure. The laydown yard (storage area) will have about thirty (30) cargo containers and
2MJUSR21-14-0013
Page 3
be used to store equipment used to support water needs associated with exploration and
production activities in the DJ Basin. The equipment is used to support water delivery
infrastructure that allows water to be piped, as opposed to trucked, to drilling and completions
locations.
Section 22-2-60.B.2. states: "Ensure that infrastructure, such as adequate roads and utilities,
exists or can be made available prior to development of energy and mineral resource
production facilities."
Storing materials near planned operations will help reduce traffic impacts to neighboring
municipalities and road infrastructure. A soil stockpile provides temporary storage for building
materials used in the oil and gas development process that can be reused and recycled.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. 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." The intent of the A
Zone District is to allow areas for natural resource extraction and energy development such as
the proposed oil and gas support and service use.
Section 23-3-40.W — Uses by special review, of the Weld County Code includes, "Oil and Gas
Support and Service."
Section 23-3-40.C — Uses by special review, of the Weld County Code includes, "More than
the number of Cargo Containers allowed by Section 23-3-30."
These code sections allow the applicant to apply for the amendment to the compressor site for
stockpiling, laydown yard, and additional cargo containers.
Per Section 23-1-90 of the Weld County Code, "Oil and Gas Support and Service" allows for:
"Location and operation bases for businesses whose primary activity includes the following
kinds of uses:
b. Equipment and storage yards for street/road and pipeline construction contractors, and
production unit set-up and maintenance contractors;
d. Storage and rental yards for pipe and production equipment; and
g. Oil and gas processing facilities and related equipment, including, but not limited to,
compressors associated with gas processing or which compress gas to enter a pipeline
for transport to market."
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are mainly utilized for pastures, crops, and rural residences. County
Road 34 borders the site on the north and County Road 19 borders the site on the west. The
properties to the south and east are cropland. There are four (4) residences within four hundred
(400) feet of the property boundary the closest residence is approximately fifty (50) feet north
of the northern property line. The laydown yard will be placed near to the center of the 153 -
acre property.
There are fifteen (15) USRs located within one mile of this parcel. Amended AmUSR-127 for
8,000 head of cattle, USR-1040 for an Ag service establishment, and USR-338 and USR13-
0069 for gravel mining are located south of the site. USR-43 for a wastewater treatment plant,
USR-1063 and USR-1647 for Ft. Saint Vrain generating facility and photovoltaic demonstration
2MJUSR21-14-0013
Page 4
project are located to the north of the site. Also surrounding the site are eight (8) USRs for
either gas lines or power lines.
The Weld County Department of Planning Services sent notice to eight (8) Surrounding
Property Owners. The Weld County Department of Planning Services has not received any
correspondence from the surrounding property owners.
Based on referral agency responses, the proposed use is in an area that can support this
development. The Conditions of Approval for the original USR14-0013 required that the
applicant submit a Lighting Plan and a Landscape/Screening Plan. These two plans have been
approved and installed. A Road Maintenance Agreement is required for this major amendment.
The Development Standards and Conditions of Approval will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with surrounding land uses and
the region.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the Coordinated Planning Agreement (CPA) boundary for the Towns
of Firestone, Mead, Milliken, and Platteville. As part of the pre -application process, the Towns
were notified of the proposal by Planning staff and was provided Notice of Inquiry form by the
applicant. The Town of Firestone returned the Notice of Inquiry form dated September 21,
2020, the Town of Mead returned the Notice of Inquiry form dated September 25, 2020. The
Town of Milliken returned the Notice of Inquiry form dated March 24, 2021, and the Town of
Platteville returned the Notice of Inquiry form dated September 22, 2020 all stating that they do
not wish to annex the subject property.
The site is located within the three (3) mile referral area of the Towns of Firestone, Mead,
Milliken, and Platteville. The Town of Firestone submitted referral agency comments dated May
14, 2021, the Town of Mead submitted referral agency comments dated June 8, 2021 and the
Town of Platteville submitted referral agency comments dated May 18, 2021 all with no
concerns. The Town of Milliken did not respond with referral agency comments.
The Comprehensive Plan Maps for the Towns of Firestone, Mead, and Milliken do not include
the subject property. The Comprehensive Plan Map for the Town of Platteville includes this
property and depicts it as Agricultural/Holding (A -H). According to the Comprehensive Plan for
the Town of Platteville, adopted in 2017, the Agricultural/Holding land use classification is
intended to encourage the sustainability of the regional agricultural and energy economy,
discourage leapfrog development and ensure that land develops in a systematic and cost-
conscious manner. Non-agricultural or non -energy uses and densities for this land will be re-
examined if and when urban levels of service can serve the land designated as
Agricultural/Holding. Prior to annexation, the concept is to allow one dwelling unit per existing
parcel. The property has been used for a compressor station since about 2015, prior to the
current Comprehensive Plan adoption date and is being used for energy development. The
Town of Platteville submitted referral agency comments date May 18, 2021 with no concerns.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The site is not located within any overlay district officially adopted by the County, including A-
P (Airport) Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm
Sewer System area, Special Flood Hazard Area, or Historic Townsite Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required
to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs.
2MJUSR21-14-0013
Page 5
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on soils designated Other, Prime if they become Irrigated, and
Farmland of local importance per the NRCS Web Soil Survey Farmland Classification Map.
The soils are designated as approximately 33 acres of Altvan loam with zero to one percent
slopes, approximately 86.5 acres of Nunn clay loam with zero to one percent slopes,
approximately 2.9 acres of Olney fine sandy loam with zero to one percent slopes, and
approximately 31.5 acres of Valent sand with zero to three percent slopes per the Natural
Resources Conservation Service. The existing ground surface is disturbed native grasses/dirt.
The proposed USR will not take any Prime (Irrigated) Farmland out of production. The Platte
Valley Conservation District did not return a referral agency response.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
This 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 address the requirements of the Weld County Office of Emergency
Management, as stated in the referral response dated May 17, 2021. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning Services. (Department of
Planning Services)
B. The applicant shall replace all dead and diseased Landscaping on the site. (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 haul routes. (Department of Public
Works)
D. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 2MJUSR21-14-0013 (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 map shall delineate the landscaping and screening in accordance with the accepted
Landscape and Screening Plan. (Department of Planning Services)
5. The accepted lighting, as shown on the USR14-0013 map. (Department of Planning
Services)
2MJUSR21-14-0013
Page 6
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
7. County Road 34 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map 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. (Department of Public Works)
8. County Road 19 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map 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. (Department of Public Works)
9. Show and label the approved access locations, approved access width and the appropriate
turning radii on the site plan. (Department of Public Works)
10. Show and label the approved tracking control on the site plan. (Department of Public
Works)
11. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works)
12. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
13. Show and label the drainage flow arrows. (Department of Public Works)
14. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional
three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. The approved tracking control shall be constructed prior to on -site construction. (Department
of Public Works)
2MJUSR21-14-0013
Page 7
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
5. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder or the applicant has been approved for an early release agreement. (Department
of Planning Services)
2MJUSR21-14-0013
Page 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Anadarko E & P Company LP
2MJUSR21-14-0013
1. A Site Specific Development Plan and Second Amended Use By Special Review Permit No. to USR14-
0013 for Mineral Resource Development Facilities including Oil and Gas Support and Service
(compressor station for natural gas and all related equipment, including, but not limited to, eight (8)
compressors, vapor recovery units, separators, dehydrators, storage tanks, and one (1) seventy-foot
in height communication tower), a glycol regen skid, a BTEX skid, a vapor recover unit, a coalescing
filter skid, pipe racks, and two (2) eighty -foot tall lightning protection masts to add stockpiling of topsoil,
reclaimed gravel, reclaimed concrete, et cetera, a laydown yard, and more than the number of cargo
containers allowed by Section 23-3-30 of the Weld County Code (up to 30 cargo containers proposed)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The unmanned compressor station will operate 24 hours per day, 365 days per year.
4. The hours of operation for the stockpiling area and the laydown yard are 6:00 a.m. - 6:00 p.m. Monday
— Sunday with operations later than 6:00 p.m. if there is an emergency. (Department of Planning
Services)
5. The number of on -site employees shall be up to twenty-six (26), as stated in the application materials.
(Department of Planning Services)
6. 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. (Department of Planning Services)
7. The existing and proposed landscaping and screening on the site shall be maintained in accordance
with the accepted Landscape and Screening Plan. Required landscaping and screening shall be
installed within one (1) calendar year of issuance of a building permit or commencement of use,
whichever occurs sooner. Dead or diseased plant materials shall be replaced with materials of similar
quantity and quality at the earliest possible time. (Department of Planning Services)
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. (Department of Public Works)
9. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
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. (Department of Public Works)
12. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
13. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
2MJUSR21-14-0013
Page 9
15. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
16. 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)
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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
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. (Department of Public Health and
Environment)
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, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
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 on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed
in Weld County, shall contain hand sanitizers and be screened from the public right of way and
neighboring properties. (Department of Public Health and Environment)
22. All potentially hazardous chemicals on -site must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance
with manufacturer's recommendations. (Department of Public Health and Environment)
23. As applicable, secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
sufficiently impervious to contain any spilled or released material. Secondary containment devices shall
be inspected at regular intervals and maintained in good condition. All secondary containment will
comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or the provisions
of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health
and Environment)
24. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
25. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
26. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and
Environment)
27. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
2MJUSR21-14-0013
Page 10
28. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable.
(Department of Public Health and Environment)
29. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
30. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance. (Department of Public Health and Environment)
31. 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)
32. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used
which may be confused with, or construed as, traffic control devices. (Department of Planning Services)
33. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2018 International Energy
Code, and 2020 National Electrical 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. (Department of Building Inspection)
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. (Department of Planning Services)
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 in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
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 permitted. Any other changes shall be filed in the office of the Department
of Planning Services. (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. (Department of Planning Services)
38. 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.
2MJUSR21-14-0013
Page 11
39. 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.
40. 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 person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
41. 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
2MJUSR21-14-0013
Page 12
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
2MJUSR21-14-0013
Page 13
June 22, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
David Van der Vieren
1099 18th Street
Denver, CO 80202
Subject: 2MJUSR21-14-0013 - A Site Specific Development Plan and Second Amended Use By Special
Review Permit No. to USR14-0013 for Mineral Resource Development Facilities including Oil and Gas
Support and Service Facilities (compressor station for natural gas and all related equipment, including,
but not limited to, eight (8) compressors, vapor recovery units, separators, dehydrators, storage tanks,
and one (1) seventy-foot in height communication tower, a glycol regen skid, a BTEX skid, a vapor
recover unit, a coalescing filter skid, pipe racks, and two (2) eighty -foot tall lightning protection masts)
to add stockpiling of topsoil, reclaimed gravel, reclaimed concrete, et cetera and a laydown yard
outside of subdivisions and historic townsites in the A (Agricultural) Zone District
On parcel(s) of land described as:
LOT C REC EXEMPT RE -3621; BEING PART NW4 SECTION 15, T3N, R67W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 20, 2021 at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 11, 2021 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,
Aik/S2Lat(Ala)
Diana Aungst
Planner
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