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Home My WebLink About20200845.tiffPlanner: Case Number: Owner: Applicant: Request: Legal Description: Location: LAND USE APPLICATION SUMMARY SHEET Kim Ogle USR20-0002 Richard and Debra Shubert. 24621 County Road 53, Kersey, Colorado 80644 Go Wireline, LLC do Brent Kalkwalf, P.O. Box 1343, Williston, ND 58802 Hearing Date: March 3, 2020 A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service (magazine bunker) storage of explosives utilized in fracking of oil and gas wells) in the A (Agricultural) Zone District. SUBX19-0015 being a part of the S2NE4 Section 32, Township 5 North, Range 64 West of the 6'h P.M., Weld County Colorado West of and adjacent to County Road 53, approximately 1320 feet south of County Road 52 Size of Parcel: ± 2.0 acres Parcel No. 0963-32-0-00-055 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: y Weld County Department of Public Health and Environment, referral dated February 5, 2020 y Weld County Department of Public Works, referral dated The Department of Planning Services' staff has received referral responses without comments from the following agencies: Colorado Parks and Wildlife, referral dated January 18, 2020 Noble Energy, Inc. referral dated January 21, 2020 Weld County Zoning Compliance, referral dated January 23, 2020 Weld County Sheriff's Office, referral dated January 31, 2020 West Greeley Conservation District, referral dated February 13, 2020 The Department of Planning Services' staff has not received responses from the following agencies: V° V° V° V V Town of Kersey Platte Valley Fire Protection District Farmers Reservoir and Irrigation Company Weld County Office of Emergency Management Department of Justice, Bureau of Alcohol Tobacco & Firearms (BATF) USR20-0002 — Go Wireline, LLC Page 1 Planner: Case Number: Owner: Applicant: Request: Legal Description: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Kim Ogle USR20-0002 Richard and Debra Shubert. 24621 County Road 53, Kersey, Colorado 80644 Go Wireline, LLC do Brent Kalkwalf, P.O. Box 1343, Williston, ND 58802 Hearing Date: March 3, 2020 A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service (magazine bunker) storage of explosives utilized in fracking of oil and gas wells) in the A (Agricultural) Zone District. SUBX19-0015 being a part of the S2NE4 Section 32, Township 5 North, Range 64 West of the 6'h P.M., Weld County Colorado Location: West of and adjacent to County Road 53, approximately 1320 feet south of County Road 52 Size of Parcel: ± 2.0 acres Parcel No. 0963-32-0-00-055 Case Summary: The applicant request is to permit a magazine (bunker) storage of explosives utilized in fracking of oil and gas wells. The bunker will be designed to store up to 2500 pounds of explosives. The USR site is to be located on two (2) acres to be leased from a larger parcel and is defined by a Subdivision Exemption for the temporary use of a parcel for oil and gas support and service facilities. Upon termination of the leasehold arrangement, the lot shall cease to exist. The magazine bunker site is located approximately 500 -feet west of County Road 53 and would be located a minimum of 500 -feet from the bunker buildings to any occupied buildings per Bureau of Alcohol Tobacco and Firearms (BATF). One (1) bunker magazine for storage of explosives measuring 8 -feet by 8 -feet by 8 - feet is proposed for the site and will be surrounded by a decorative wall and housed within the ATF approved barricaded regulated storage magazine. This is an unmanned facility with up to two (2) employees accessing the site daily to pick up or store materials. 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. Chapter 22, Article VI, Section 22-6-20.B.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." USR20-0002 — Go Wireline, LLC Page 2 The property owner has submitted an application with a signed lease for lands associated with the proposed ATF regulated storage magazine facility. The proposed facility is located within a rural residential property adjacent to unused agricultural buildings. The applicant mailed letters out to all sixteen (16) property owners within five hundred feet of this proposed facility and seven (7) letters were returned supporting the application. Chapter 22, Article V, Section 22-5-100.A.2 OG.Policy 1.2 states "Oil and gas support and service 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." Go Wireline, LLC is in the business of providing cased -hole wireline services including logging, perforating, tubing -conveyed perforating, pipeline recovery and mechanical services for the industry. The DJ Basin area has seen rapid expansion as new drilling technologies are allowing more oil and gas to be produced. To meet these needs, Go Wireline, LLC is proposing to establish a facility near the already significant amount of oil and gas development. Once operational, the site will produce limited traffic and the impact on the surrounding land will be minimal. 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." The site is located within the three-mile referral area of the Town of Kersey which is located approximately one and a quarter mile south of the corporate limits. Local, State and Federal referral agencies were contacted for their comments concerning this proposed facility and as appropriate, their comments have been included in the staff recommendation as a Condition of Approval or a Development Standards ensuring 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 The applicant has been working with the Platte Valley Fire Department 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 magazine bunker operator is required. The areas surrounding the site have agricultural land uses, rural residences as well as oil and gas exploration and development. The secured magazine bunker is designed with minimal impact to the surrounding area. The application materials indicate no electric service is associated with the bunker. The existing site is in natural grasses with a rural residence and limited agricultural improvements. 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. Citing Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. the A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." This code section allows the applicant to apply for a Use by Special Review permit for the subject explosive magazine facility, which is related to energy development and is more intense than Uses Allowed by Right. Section 23-3-40.W. — Uses by special review, of the Weld County Code states, 'Oil and gas support and service." This code section allows the applicant to apply for the explosive storage magazine USR20-0002 — Go Wireline, LLC Page 3 facility. The explosives and associated articles are used in the down -hole hydraulic fracturing process, which is part of oil and gas extraction. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops, and rural residences with limited oilfield development. The closest residences are located more than 500 -feet from the proposed ATF permitted magazine bunker and meet the minimum ATF setback requirements. There are several USR within one mile of the site. USR-570 for two single family dwellings on a parcel and USR18-0032 for Mineral Resources Development Facilities are located to the north; to the west is the DCP Lucerne Gas Plant, 2MJUSR18-12-1792 and multiple high pressure natural gas lines, to the south is a 16 -inch natural gas pipeline, USR13-0004, an equestrian facility, USR- 663 and a kennel with a second dwelling, USR-1701; to the east are irrigated lands associated with a center pivot. The Weld County Department of Planning Services sent notice to sixteen (16) Surrounding Property Owners. Planning staff received seven (7) Letters in Support of the application and have received no telephone calls surrounding property owners within 500 feet of the parent parcel. The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan. 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 three (3) mile referral area of the Town of Kersey. The Town of Kersey did not return a referral response. The site is located within the Coordinated Planning Agreement (CPA) boundary of the Town of Kersey. Kersey returned signed Notice of Inquiry (NOI) form dated July 1, 2019. and provided comments regarding the request for the Town's Police Chief to be notified prior to operation. The site is not located within Regional Urbanization Area (RUA). E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area, MS4 area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately two (2) acres of High Potential Dry Cropland — Prime if they become Irrigated per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The entire property is comprised of 20.23 acres of High Potential Dry Cropland — Prime if they become Irrigated and 17.22 acres of Irrigated Land Not Prime and is utilized for grazing. 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. USR20-0002 — Go Wireline, LLC Page 4 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. SUBX19-0015 shall be recorded prior to USR20-0002. (Department of Planning Services) 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 referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) C. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR20-0002 (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. Show and label the location of proposed explosive magazines and any other proposed improvements including the extent of the gravel area. (Department of Planning Services) 5. Show and label the location of Subdivision Exemption SUBX19-0015 boundary for reference. (Department of Planning Services) 6. County Road 53 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) 7. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 8. Show and label a 30 -foot minimum access and utility easement to provide legal access to the site on the site plan. (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) 11. Show and label the location of the emergency signage. Include a drawing and dimensions of the sign on the USR map. Signs shall adhere to Chapter 23, Article IV, Division 2, Section 23- 2-240.A.12 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) USR20-0002 — Go Wireline, LLC Page 5 12. Show and label the location of the security fence and gate, if applicable. (Department of Planning Services) 13. Show and label the location of the employee gravel parking area, if applicable. (Department of Planning Services) 14. Show and label the location of the trash collection area, if applicable. Section 23-3-250.A.6. of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 15. Show and label any lighting, if applicable. All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties. (Department of Planning Services) 16. Show and label the setback radiuses for existing oil and gas tank batteries and wellheads, if applicable. Setback requirements are located in Section 23-3-50.E of the Weld County Code. (Department of Planning Services) 17. County Road 53 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the 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. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of- way line. This road is maintained by Weld County. (Department of Public Works) 18. Show and label all recorded easements and rights -of -way on the map by book and page number or reception number. (Department of Planning Services) 19. Show and label the drainage flow arrows. (Department of Public Works) 20. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 21. The map shall delineate the existing landscaping and proposed screening in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) USR20-0002 — Go Wireline, LLC Page 6 5. 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) B. Representatives for Go Wireline LLC shall contact the Town of Kersey Police Chief to provide notification of the facility operation. (Town of Kersey) 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) USR20-0002 — Go Wireline, LLC Page 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Go Wireline LLC USR20-0002 1. A Site Specific Development Plan and Use by Special Review Permit, USR20-0002 for Oil and Gas Support and Service (magazine (bunker) storage of explosives utilized in fracking of oil and gas wells) 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. This is an unmanned facility. Employees will only temporarily access the site to store and retrieve explosive articles. No other operations or activities are permitted. No outdoor storage is permitted. (Department of Planning Services) 4. The operator shall notify the Department of Planning Services when the explosive storage magazine facility is decommissioned or removed from the property. (Department of Planning Services) 5. The facility shall adhere to the best management practices of the Institute for Makers of Explosives (IME). (Department of Planning Services) 6. The hours of operation are 8:00 a.m. - 5:00 p.m. Monday — Friday. (Department of Planning Services) 7. The parking area on the site shall be maintained. (Department of Planning Services) 8. 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) 9. The existing landscaping and proposed screening on the site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 10. The Property Owner shall maintain compliance with the approved Decommissioning Plan. (Department of Planning Services) 11. 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) 12. 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) 13. 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) 14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 15. 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) 16. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) USR20-0002 — Go Wireline, LLC Page 8 17. 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) 18. 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) 19. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. the accepted waste handling plan shall be adhered to. (Department of Public Health and Environment) 20. 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) 21. Adequate drinking, hand washing, and toilet facilities shall be provided for employees or contractors, at all times. For employees or contractors 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, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way. (Department of Public Health and Environment) 22. The operation shall comply with the Colorado Department of Labor & Employment, Division of Oil and Public Safety Explosive Regulations (7 C.C.R. 1101-9) as well as Federal Bureau of Alcohol, Tobacco and Firearms regulations. (Department of Public Health and Environment) 23. 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) 24. 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) 25. Building permits may 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 has 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 Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. (Department of Building Inspection) 26. 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) 27. 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) USR20-0002 — Go Wireline, LLC Page 9 28. 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) 29. 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. 30. 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. 31. 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. 32. 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. USR20-0002 — Go Wireline, LLC Page 10 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. USR20-0002 — Go Wireline, LLC Page 11 January 17, 2020 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: kogle@weldgov.com PHONE: (970) 400-3549 FAX: (970) 304-6498 KALKWARF BRENT PO BOX 200263 EVANS, CO 80620 Subject: USR20-0002 - A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service (magazine bunker storage of explosives utilized in fracking of oil and gas wells) in the A (Agricultural) Zone District On parcel(s) of land described as : SUBX19-0015 being a part of the S2NE4 Section 32, Township 5 North, Range 64 West of the 6th P.M., Weld County Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 3, 2020, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 18, 2020 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative 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 If you have any questions concerning this matter, please call. Respectfully, Kim O Planner Hello