HomeMy WebLinkAbout20200046.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION 116 ) 9 _ex oq
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR19-0064
APPLICANT: CERVI ENTERPRISES. CIO KERR MCGEE GATHERING, LLC
PLANNER KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (FIVE (5)
GAS COMPRESSORS AND TWO (2) ELECTRIC COMPRESSORS ASSOCIATED
WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE
FOR TRANSPORT TO MARKET) AND ONE (1 ) THIRTY-FOUR (34) FOOT IN
HEIGHT COMMUNICATIONS TOWER AND UP TO SIX (6) TEMPORARY OFFICE
TRAILERS AND UP TO SIX (6) CONEX CONTAINERS FOR TEMPORARY
STORAGE DURING CONSTRUCTION AND A PERMANENT LAYDOWN AND
STORAGE YARD IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: ALL OF SECTION 15. T3N . R63W OF THE 6TH P M. , WELD COUNTY,
COLORADO.
LOCATION : SOUTH OF AND ADJACENT TO CR 34 SECTION LINE; WEST OF AND
ADJACENT TO CR 69 SECTION LINE.
be recommended favorably to the Board of County Commissioners 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 Planning Commission f 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.
Chapter 22, Article VI , Section 22-6-20.6. 1 ECON . Policy 3. 1 states "County activities and regulation
should protect the rights of private property owners and the public health , safety and welfare,
recognizing that these basic rights and protections allow the free market to prosper and grow the
local economy. "
The property owner has submitted an application for a signed lease for all of Section 15 associated
with this compressor facility. The proposed compressor station is located within the Cervi
Enterprises Ranch on lands with multiple oil and gas encumbrances.
Chapter 22 , Article V. Section 22-5- 100.A.2 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
Code. "
Occidential Petroleum Corporation and their subsidiary, Kerr-McGee Gathering, LLC — Western
Midstream is in the business of collecting, processing, compressing and transmitting natural gas
products to customers via pipelines. 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 is needed in this area in order to meet the growing production. To meets these needs, Kerr-
McGee Gathering, LLC is proposing the Triton 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.
Chapter 22 , Article V, Section 22-5-100. B.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.'
RESOLUTION USR19-0064
CERVI ENTERPRISES. CIO KERR MCGEE GATHERING. LLC
PAGE 2
The facility is proposed for a remote location of the County with no residential structures located
within several miles from the proposed facility. Additionally, the applicant is proposing to place all
equipment within pre-fabricated structures. Compressor buildings will have hospital grade
silencers and each structure is insulated to dampen equipment noise. The applicant has been
working with the Southeast Weld Fire Protection District on an Emergency Action Plan that
addresses the Muster point in case of emergency or unforeseen event As a condition of approval
prior to operation a signed Emergency Action Plan between the Fire Department. Office of
Emergency Management and the Plant Operator is required.
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 County. and will
address and mitigate impacts on the surrounding area due to the construction of this facility.
Chapter 22 , Article II , Section 22-2-20. 1 . 5 A. Policy 9.5 states "Applications for a 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. "
Kerr-McGee Gathering , LLC is in communication with surrounding property owners and will continue
to communicate with them. The Southeast Weld Fire Protection District was sent notification along
with Kerr-McGee Gathering, LLC contact information and have acknowledged notification. The
applicant indicates that prior to operation emergency responders will be provided with information on
emergency protocols and the muster locations for the compressor station .
The areas surrounding the site have agricultural land use predominately for the grazing of livestock as
well as oil and gas exploration and development. The compressor station is designed with minimal
impact to the surrounding area. The application materials indicate that facility lighting will not overly
illuminate large areas and will be directed at 90 degrees to the natural ground plane. Lighting will
comply with the Weld County Code with no transient light leaving the property. The existing site is
natural grasses and range land associated high prairie vegetation with no improvements or farming.
The site is in a remote, arid region as such. the proposed compressor station will be graveled with
natural grasses remaining outside the fenced area. No additional landscaping is proposed.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Chapter 23, Article III , Division 1 , Section 23-3-40.W of the Weld County Code provides for Oil and
Gas Support and Service, Natural Gas Compressor Facility and equipment and storage yards. as a
Use by Special Review; Chapter 23, Article III , Division 1 , Section 23-3-20. L allows for
Telecommunications Antenna Towers no taller than thirty-five (35) feet 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 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.
C Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed Triton Compressor Station is located in an area of the County used primarily as grazing
and pasture land and already contains various oil and gas operations and facilities. The proposed site
is surrounded by natural grasses and range land associated with high prairie vegetation and no
residents. By keeping the proposed compressor footprint small (approximately nineteen (19) acres
RESOLUTION USR19-0064
CERVI ENTERPRISES, 0/O KERR MCGEE GATHERING. LLC
PAGE 3
out of the 640-acre property). Kerr-McGee Gathering LLC intends that surrounding agricultural areas
will not be affected by the compressor station's presence. Once the construction is completed
disturbed areas will be reseeded with a native seed mix.
There are two (2) property owners on eleven ( 11 ) parcels within five hundred feet of this facility, with
the closest residence being at a greater distance than five (5) miles from the facility in any direction.
Planning staff has not received any telephone calls or correspondence concerning this land use
application.
In the unlikely event operations cease at the Triton Compressor Station. Kerr-McGee Gathering LLC
will remove the equipment and all of its components in accordance with COGCC regulations and the
Weld County approved Decommissioning Plan. 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. Kerr-McGee Gathering LLC will comply with all COGCC regulations concerning site
restoration.
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 not within a three-mile referral area of a municipality or County.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The property is not within a recognized overlay district for a Municipal Separate Storm Sewer System
(MS4) . Flood Hazard Development, Geologic Hazard or Airport Overlay Districts.
The site is within the County-wide Road Impact Fee Area. 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 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
The approximate 620-acre area not impacted by the compressor site will continue as grazing and
pasture lands for livestock. with on-going oil and gas production activities. The proposed facility is
sited on lands that are designated as "Other Lands" on the Important Farmlands of Weld County map
dated 1979 .
G. Section 23-2-220.A.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 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 Planning Commission recommendation for approval is conditional upon the following:
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 (Department of Public Works)
B. 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
RESOLUTION USR19-0064
CERVI ENTERPRISES, O/O KERR MCGEE GATHERING: LLC
PAGE 4
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
C. The applicant shall provide a Decommissioning Plan for the Compressor Facility. (Department of
Planning Services)
D. The USR map shall be amended to delineate the following :
1 . All sheets of the USR map shall be labeled USR19-0064 (Department of Planning Services)
2 . The attached Development Standards. (Department of Planning Services)
3. The USR map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. County Road 69 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 69 Section Line Right-Of-
Way. not County maintained." All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
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. Show and label the section line Right-of-Way as "CR 38 Section Line Right-Of-
Way. not County maintained. " All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
6. Show the approved Colorado Department of Transportation (CDOT) access(es) on the site plan
and label with the approved access permit number if applicable. (Department of Public Works)
7. 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)
8. 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)
9. Show and label the drainage flow arrows. (Department of Public Works)
10. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2 . Prior to Construction
A. If more than one (1 ) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
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_ (Department of Planning Services)
4. 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
RESOLUTION USR19-0064
CERVI ENTERPRISES. C/O KERR MCGEE GATHERING. LLC
PAGE 5
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)
5. 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 550. 00 recording continuance charge shall be added for each additional
three (3) month period. (Department of Planning Services)
6. 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)
Motion seconded by Elijah Hatch .
VOTE
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stifle
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I , Kristine Ranslem. Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 17. 2019.
Dated the 17t of December, 2019
Kristine Ranslem
Secretary
RESOLUTION USR19-0064
CERVI ENTERPRISES. 0/O KERR MCGEE GATHERING. LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr McGee Gathering. LLC — Western Midstream
Triton Compressor Station
USR19-0064
1 A Site Specific Development Plan and a Special Review Permit, USR19-0064 for Oil and Gas Support and
Service (five (5) gas compressors and two (2) electric compressors associated with gas processing or
which compress gas to enter a pipeline for transport to market) and one (1 ) thirty-four (34) foot in height
communications tower and up to six (6) temporary office trailers and up to six (6) conex containers for
temporary storage during construction and a permanent Laydown and Storage Yard in the A (Agricultural)
Zone District , and 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)
i
3. This is an unmanned facility. (Department of Planning Services)
4. The facility will operate 24 hours per day. 7 days per week. (Department of Planning Services)
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
6. 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. (Department of Planning
Services)
7. The applicant or operator shall comply with the approved Decommissioning Plan. (Department of
Planning Services)
8. 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)
9 Co-Location of other antenna by other service providers shall be permitted on the tower. (Department of
Planning Services)
10. Upon termination of the use of the communication antenna tower. the equipment shelter, antenna
structure, and any associated equipment shall be removed , and the premises restored to its original
condition according to the Decommissioning Plan . (Department of Planning Services)
11 . 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)
12. 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)
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized .
(Department of Public Works)
RESOLUTION USR19-0064
CERVI ENTERPRISES, O/O KERR MCGEE GATHERING, LLC
PAGE 7
14. 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)
15. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the
responsibility of Weld County. (Department of Public Works)
16. The historical flow patterns and runoff amounts on the site will be maintained . (Department of Public
Works)
17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
18. 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)
19. 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)
20. Waste materials shall be handled . stored, and disposed in a manner that controls fugitive dust. blowing
debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code. (Department of Public Health and Environment)
21 . 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)
22. 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)
23. 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 and shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent
residential properties. (Department of Public Health and Environment)
24 . 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. (Department of Public Health and Environment)
25. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation Secondary containment shall be sufficiently
impervious to contain any spilled or released material . Secondary containment devices shall be inspected
at regular intervals and maintained in good condition. All secondary containment will comply with the
Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations. (Department of Public Health and
Environment)
26. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
27. 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. (Department of Public Health and Environment)
RESOLUTION USR19-0064
CERVI ENTERPRISES. C/O KERR MCGEE GATHERING. LLC
PAGE 8
28. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C. R.S. (Department of Public Health and Environment)
29. 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_
(Department of Public Health and Environment)
30. A Spill Prevention. Control and Countermeasure Plan , prepared in accordance with the applicable
provisions of 40 CFR, Part 112 , shall be available on site or as applicable (Department of Public Health
and Environment)
31 . The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
32 . 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)
33. 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)
34. Building permits shall be required for any new construction or set up manufactured structure, per Section
29-3-10 of the Weld County Code. A building permit application must be completed and submitted.
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2018 International
Building Codes; 2018 International Residential Code: 2006 International Energy Code; 2017 National
Electrical Code; and Chapter 29 of the Weld County Coda A plan review shall be approved, and a permit
must be issued prior to the start of construction. (Department of Building Inspection)
35. Building Permits issued on the proposed 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. (Department of Planning)
36. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
37. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property with 24-hour notice to the owner or
operator 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.
38. 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.
39. 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.
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
RESOLUTION USR19-0064
CERVI ENTERPRISES. CIO KERR MCGEE GATHERING, LLC
PAGE 9
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 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.
PC MiuLft5 EXHIBIT
/Z01OF
IZ f7 SUMMARY THE WELD COUNTY PLANNING COMMISSION MEETING
ani
Tuesday, December 17, 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes. at 1 : 33 pm.
Roll Call.
Present: Michael Wailes, Bruce Johnson , Gene Stille, Tom Cope, Lonnie Ford . Richard Beck, Elijah Hatch,
Skip Holland .
Also Present: Kim Ogle, Chris Gathman. and Maxwell Nader. Department of Planning Services: Lauren
Light and Ben Frissell, Department of Health: Mike McRoberts and Zackery Roberson . Public Works: Bob
Choate and Karin McDougal, County Attorney, and Kris Ranslem, Secretary
CASE NUMBER: USR19-0064
APPLICANT CERVI ENTERPRISES, C/O KERR MCGEE GATHERING, LLC
PLANNER KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (FIVE (5)
GAS COMPRESSORS AND TWO (2) ELECTRIC COMPRESSORS
ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO
ENTER A PIPELINE FOR TRANSPORT TO MARKET) AND ONE ( 1 ) THIRTY-
FOUR (34) FOOT IN HEIGHT COMMUNICATIONS TOWER AND UP TO SIX (6)
TEMPORARY OFFICE TRAILERS AND UP TO SIX (6) CONEX CONTAINERS
FOR TEMPORARY STORAGE DURING CONSTRUCTION AND A PERMANENT
LAYDOWN AND STORAGE YARD IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION ALL OF SECTION 15. T3N . R63W OF THE 6TH P M. . WELD COUNTY,
COLORADO.
LOCATION SOUTH OF AND ADJACENT TO CR 34 SECTION LINE: WEST OF AND
ADJACENT TO CR 69 SECTION LINE.
Kim Ogle, Planning Services, presented Case USR19-0064, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Zackery Roberson . Public Works. reported on the existing traffic, access to the site and drainage conditions
for the site.
Ben Frissell. Environmental Health, reviewed the public water and sanitary sewer requirements. on-site
dust control , and the Waste Handling Plan.
Aileen Yeung, Kerr McGee Gathering , 1099 18th Street, Denver, Colorado. stated that this compressor
station is needed in order to send gas from new wells that are planned in the area to an existing processing
plant. The compressor station is located four (4) miles away from the closest residence. Ms. Yeung said
that the compressors will be located in individual insulated compressor buildings that are fitted with exhaust
silencers and air intake silencers and they will be able to operate at or below 55 dba and 50 dba at night.
She added that because this is an unmanned facility, there will be decreased light usage at night. There
will be a communication tower that will allow them to operate and monitor the facility remotely. She said
that they are open to co-location as long as it doesn't interfere with the design of the tower or the operation
of their equipment.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
1
Motion : Forward Case USR19-0064 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Tom Cope, Seconded by Elijah Hatch ,
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch , Gene Stille, Lonnie Ford, Michael Wailes. Richard Beck, Skip Holland,
Tom Cope.
Meeting adjourned at 4 : 30 pm .
Respectfully submitted,
.i „-,1,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
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