HomeMy WebLinkAbout20200818.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION I s.\- �•
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch , 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: USR19-0073
APPLICANT: PETERS RANCH 313, INC, CIO HIGHPOINT OPERATING CORPORATION
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR
OIL AND GAS SUPPORT AND SERVICE INCLUDING THREE (3) GAS
COMPRESSORS AND RELATED EQUIPMENT, UP TO FIVE (5) TEMPORARY
CONSTRUCTION OFFICE TRAILERS AND TEN (10) TEMPORARY CONEX
CONTAINERS FOR USE DURING THE CONSTRUCTION OF THE FACILITY IN
THE A (AGRICULTURAL) ZONE.
LEGAL DESCRIPTION: SUBX19-0028 BEING A PART OF THE NW4 NW4 SECTION 33 T12N R63W OF
THE 6TH P.M. WELD COUNTY OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 2 MILES NORTH OF CR 132 AND APPROXIMATELY 1 .5
MILES WEST OF MAINTAINED CR 136.5, EAST OF AND ADJACENT TO CR
65 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 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 lands associated with this
compressor facility. The proposed compressor station is located within the Peters 313 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."
HPOC is in the business of collecting, processing, compressing and transmitting natural gas products
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, HPOC is proposing, the
Fox Creek 33 compressor station necessitated by the need to move larger volumes of gas due to the
increases in drilling activity and the projected additional production increases anticipated.
There is one twelve (12) inch high pressure gas pipeline adjacent to the west operated by Summit
Midstream Niobrara, LLC, Reception No. 4371843 dated January 31 , 2018 and several less than 12-
inch diameter pipelines in the near vicinity to the proposed facility.
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 USR19-0073
PETERS RANCH 313, INC, C/O HIGHPOINT OPERATING CORPORATION
PAGE 2
The facility is proposed for a remote location of the County with no residential structures located
within approximately 7,400 feet of 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. This facility will be
constructed with equipment that will detect conditions where fire or explosion could occur. This
equipment includes LEL (lower explosive limit) meters and fire eyes that will be configured to
immediately and automatically shut the facility down if a dangerous situation is present.Additionally,
appropriate fire extinguishers will be installed throughout the facility and HPOC personnel will receive
regular training on the maintenance and use of the extinguishers.
The primary fire response agency for this facility will be the Pawnee Fire Protection District. Prior to
operation of the facility, HPOC will provide an emergency response plan to the fire district and
conduct a walk-through of the facility with district personnel to familiarize them with the facility.
The applicant has developed 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 neighborhood
and County, and will address and mitigate impacts on the surrounding area due to the construction of
this facility.
Chapter22,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."
HPOC is in communication with surrounding property owners and will continue to communicate with
them.
The areas surrounding the site have agricultural land use predominately for the grazing of livestock
as well as oil and gas exploration and development. There are several Highpoint Operating
Corporation well pad/tank battery adjacent to this site and several more in the surrounding area.The
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.
Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development Facilities,
Oil and Gas Support and Service, Natural Gas Compressor Facility, 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 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 without the
interference of other, incompatible land uses.
The A (Agricultural) Zone District is also intended to provide areas for the conduct of uses by
RESOLUTION USR19-0073
PETERS RANCH 313, INC, C/O HIGHPOINT OPERATING CORPORATION
PAGE 3
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 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed Fox Creek 33 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 high prairie vegetation and
limited residential development. By keeping the proposed compressor footprint small(approximately
10.5-acres out of the 640-acre property), HPOC 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 nine(9)property owners within five hundred feet of this facility,with the closest residence
being approximately 0.5 miles to the south. Planning staff has not received any telephone calls or
correspondence concerning this land use application.
In the unlikely event operations cease at the Fox Creek Compressor Station, HPOC will remove the
equipment and all of its components in accordance with 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. HighPoint Resources 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 and is within three miles of Laramie
County, Wyoming. There were no comments received from Laramie County concerning this land
use application.
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 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.
This proposed facility is located on a Subdivision Exemption parcel created for the temporary use of
the land for oil and gas support and service facilities,specifically the HighPoint Operating Corporation
Fox Creek 33 Compressor Station. The approximate 640 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 "High Potential Dryland -
Prime if they become Irrigated" 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.
RESOLUTION USR19-0073
PETERS RANCH 313, INC, C/O HIGHPOINT OPERATING CORPORATION
PAGE 4
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. Recorded SUBX19-0028 for the temporary use of a parcel for oil and gas support and service
facilities to be permitted under USR19-0073 plat.
B. A Road Maintenance Agreement is required at this location for construction only. Road maintenance
includes,but is not limited to,dust control and damage repair to specified haul routes.(Department of
Public Works)
C. 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)
D. 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.
(Department of Public Works)
E. The applicant shall provide a Decommissioning Plan for the Compressor Facility. (Department of
Planning Services)
F. The applicant shall submit a Lighting Plan for the Compressor Facility incorporating the dark sky
policy. (Department of Planning Services)
G. The USR map shall be amended to delineate the following:
1. All sheets of the USR map shall be labeled USR19-0073 (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 132 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Department of Public Works)
5. County Road 136 1/2 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Department of Public Works)
6. County Road 65 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is not maintained by
Weld County.Any unmaintained road needs to be located/identified in relationship to the right-of-
way. Show and label the section line Right-of-Way as "CR 65 Section Line Right-of-way, Not
RESOLUTION USR19-0073
PETERS RANCH 313, INC, C/O HIGHPOINT OPERATING CORPORATION
PAGE 5
County Maintained". (Department of Public Works)
7. County Road 67 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is not maintained by
Weld County.Any unmaintained road needs to be located/identified in relationship to the right-of-
way. Show and label the section line Right-of-Way as "CR 67 Section Line Right-of-way, Not
County Maintained". (Department of Public Works)
8. County Road 134 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is not maintained by
Weld County.Any unmaintained road needs to be located/identified in relationship to the right-of-
way. Show and label the section line Right-of-Way as "CR 134 Section Line Right-of-way, Not
County Maintained". (Department of Public Works)
9. County Road 136 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is not maintained by
Weld County.Any unmaintained road needs to be located/identified in relationship to the right-of-
way. Show and label the section line Right-of-Way as "CR 136 Section Line Right-of-way, Not
County Maintained". (Department of Public Works)
10. Show and label the existing/proposed access and the usage type(s) (Agriculture, Residential,
Commercial/Industrial,or Oil and Gas). Public Works will review access locations as a part of the
plat submittal. (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 any/all 30-foot wide (minimum) access and utility easements necessary to
provide legal ingress and egress to the project site on the map. (Department of Public Works)
13. 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)
14. Show and label the drainage flow arrows. (Department of Public Works)
15. 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. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Public Works)
B. 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
RESOLUTION USR19-0073
PETERS RANCH 313, INC, C/O HIGHPOINT OPERATING CORPORATION
PAGE 6
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 Conditions of Approval No.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'Staff.
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. (Department of Planning Services)
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 $50.00 recording continuance charge shall be added for each
additional 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 Tom Cope.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
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 March 3, 2020.
Dated the 3rd of
March, 2020
Kristine Ranslem
Secretary
RESOLUTION USR19-0073
PETERS RANCH 313, INC, C/O HIGHPOINT OPERATING CORPORATION
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HighPoint Operating Corporation
Fox Creek 33 Compressor Station
USR19-0073
1. A Site Specific Development Plan and a Special Review Permit, USR19-0073 for Oil and Gas Support
and Service including (Three (3) gas compressors and related equipment), up to five (5) temporary
construction office trailers and ten (10)temporary conex containers for use during the construction of the
facility in the A(Agricultural)Zone. (Fox Creek 33 Compressor Station),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)
3. This is an unmanned facility. (Department of Planning Services)
4. The facility will operate 24 hours per day 365 days per year. (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. The pasture grass restoration shall be maintained. (Department of Planning Services)
7. 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)
8. The applicant or operator shall comply with the approved Decommissioning Plan. (Department of
Planning Services)
9. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 151h 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)
10. 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)
11. 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)
12. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
13. 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)
14. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
15. Access will be along unmaintained County right-of-way. The maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
RESOLUTION USR19-0073
PETERS RANCH 313, INC, C/O HIGHPOINT OPERATING CORPORATION
PAGE 8
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)
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. for all site boundaries with exception for the northern boundary. The
RESOLUTION USR19-0073
PETERS RANCH 313, INC, C/O HIGHPOINT OPERATING CORPORATION
PAGE 9
northern boundary shall comply with the maximum noise level of 56 dBA following the same procedures
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 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)
35. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
36. 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.
37. 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.
38. 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.
39. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated.
RESOLUTION USR19-0073
PETERS RANCH 313, INC, C/O HIGHPOINT OPERATING CORPORATION
PAGE 10
40. This 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.
41. 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.
42. 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,
RESOLUTION USR19-0073
PETERS RANCH 313, INC, C/O HIGHPOINT OPERATING CORPORATION
PAGE 11
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.
EXHIBIT
'PL \twat SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
-0(si 3
b3I o3, 2b?Z Tuesday, March 3, 2020
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 Vice Chair,
Gene Stille, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch, Skip Holland.
Absent: Michael Wailes.
Also Present: Kim Ogle, Department of Planning Services; Lauren Light and Ben Frissell, Department of
Health; Mike McRoberts, Melissa King, and Zackery Roberson, Public Works; Bob Choate, County
Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: USR19-0073
APPLICANT: PETERS RANCH 313, INC. CIO HIGHPOINT OPERATING CORPORATION
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE INCLUDING THREE (3)
GAS COMPRESSORS AND RELATED EQUIPMENT, UP TO FIVE (5)
TEMPORARY CONSTRUCTION OFFICE TRAILERS AND TEN (10)
TEMPORARY CONEX CONTAINERS FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE.
LOCATION: APPROXIMATELY 2 MILES NORTH OF CR 132 AND APPROXIMATELY 1 .5
MILES WEST OF MAINTAINED CR 136.5. EAST OF AND ADJACENT TO CR 65
SECTION LINE.
Kim Ogle, Planning Services, presented Case USR19-0073, 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.
Mike McRoberts, 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. Mr. Frissell referred to Development Standard 28 and stated
that according to the application the site can and will comply with Scenario II outlined in the Noise Modeling
Report submitted as part of the application. He added that Scenario II indicates that the facility can comply
with a commercial noise standard of 55 decibels during nighttime and 60 decibels during daytime hours,
except for one (1 ) receptor point which could have a 0.6 dba exceedance. Mr. Frissell said that based on
the modeling report, Environmental Health is recommending approval for this minor exceedance at the
northern receptor point with a 1 dba increase accommodation for that northern location.
Doug Dennison, HighPoint Operating Corporation, 33105 CR 33, Greeley, Colorado, stated that Staff did a
good job in describing the activity on site. Mr. Dennison said that between the end of the maintained portion
of County Road 136.5 and the access road for this project is where Mr. Peter's house is located. Therefore,
they have an agreement with Mr. Peters that access to any of their facilities that are generally to the west
of the house will come off of County Road 132 onto a road to be constructed with all HighPoint development
activities using this access road and then the facilities to the east of the house will still access from County
Road 136.5. He added that they intend to limit the traffic in front of his house as much as possible.
Commissioner Cope asked what the closest residence is to the north of this location. Mr. Dennison said
that there isn't much north. He added that Mr. Peters house is a little north and east of this location, but
there is topography between this site and Mr. Peter's house.
Commissioner Cope said that it appears the access road goes to the well pad and asked if it extends past
that. Mr. Dennison said it currently doesn't extend to this proposed facility, but they plan to construct it to
the site.
1
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.
Motion: Forward Case USR19-0073 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 Elijah Hatch, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Richard Beck, Skip Holland, Tom Cope.
Meeting adjourned at 1:54 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
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