HomeMy WebLinkAbout20200082.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION - , , 9 2-
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson , 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 : USR19-0062
APPLICANT : SALT RANCH , LLC , C/O OUTRIGGER DJ OPERATING 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 ( FOUR (4 )
GAS COMPRESSORS AND RELATED EQUIPMENT) . ONE ( 1 ) UP TO SIXTY (60)
FEET IN HEIGHT SECURE COMMUNICATIONS TOWER , AND UP TO FOUR (4)
CONSTRUCTION OFFICE TRAILERS AND FOUR (4) CONEX LOCATED WITHIN
A FENCED LAYDOWN YARD FOR USE DURING THE CONSTRUCTION OF THE
FACILITY IN THE A (AGRICULTURAL) ZONE .
LEGAL DESCRIPTION : ALL OF SECTION 10 , T11 N , R64W OF THE 6TH P . M . . WELD COUNTY ,
COLORADO .
LOCATION : NORTH OF AND ADJACENT TO CR 130 ; WEST OF AND ADJACENT TO CR 57 .
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 . 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 . "
The property owner has submitted an application for the entire Section . The proposed compressor
station is generally located in the S2 NE4 of the Section located south of the WOGLA19- 0019
production well location for CCRP Operating Inc . in a remote area near the intersection of two
County roads and the areas are graveled and grade and are in pasture grasses .
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 . "
Outrigger 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 ,
Outrigger is proposing the Bayou 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 . "
The facility is proposed for a remote location of the County with no residential structures located
0 . 5 to 1 . 0 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 Pawnee Fire Department on an Emergency Action Plan that addresses the Muster
RESOLUTION USR19-0062
SALT RANCH, LLC, C/O OUTRIGGER DJ OPERATING LLC
PAGE 2
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
Chapter 22,Article II,Section 22-2-20 15 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 "
Outrigger is in communication with surrounding property owners and will continue to communicate
with them The Pawnee volunteer fire department was sent notification along with Outrigger 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 dryland agricultural land use as well as oil and gas exploration
and development There is a well pad/tank battery adjacent to this site and one about 0 75 of a mile to
the east 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 Per the application narrative lighting will comply with Weld
County dark sky policy adhearing to the International dark sky standards The existing site is natural
grasses with no improvements or farming The site is in a remote,and 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, Sectin 23-3-35 Y allows for
Telecommunications Antenna Towers between thirty-five(35)and seventy(70)feet in height 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 Bayou Compressor Station is located in an area of the County used primarily as
agricultural and pasture land and already contains oil and gas operations and facilities The proposed
site is surrounded by dryland agricultural fields and few residents By keeping the proposed
compressor footprint small(approximately 10-acres out of the 636-acre property),Outrigger 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
RESOLUTION USR19-0062
SALT RANCH, LLC, C/O OUTRIGGER DJ OPERATING LLC
PAGE 3
There are eleven(11)property owners on eleven (11)parcels 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
Outrigger proposes to construct a 60-foot in height communications tower at the proposed Bayou
Compressor Station site Outrigger designs and constructs such towers at each of its facilities to allow
for a reliable signal for the remote monitoring and control of the facility A secure location within the
site is critical because of the life-safety functions associated with the station's control and emergency
shut-down notification features
Due to safety concerns, Outrigger requires that only authorized personnel be permitted access to its
towers and transmitters to prevent intentional or accidental disruption of communication services If a
third party user requested to collocate on this proposed tower, they would have to comply with
Outrigger's safety, security and structural installation requirements
In the unlikely event operations cease at the Bayou Compressor Station, Outrigger will remove the
equipment,communications tower 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 Outrigger 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 Flood Hazard Development, Geologic
Hazard,Airport Overlay Districts or Municipal Separate Storm Sewer System, or MS4 area
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 will be located on approximately ten (10)acres of land The approximate 626
acre area not impacted by the compressor site will continue in dryalnd agriculture with on-going oil
and gas production activities The proposed facility is sited on lands that are designated as"Other
Land"on the Important Farmlands of Weld County map dated 1979
G Section 23-2-220 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
1 Prior to recording the USR map
RESOLUTION USR10-0062
SALT RANCH , LLC, C/O OUTRIGGER DJ OPERATING LLC
PAGE 4
A. A Road Maintenance Agreement is required at this location during construction . Road
maintenance includes, but is not limited to , dust control and damage repair to specified haul
routes . (Department of Public Works)
Engineer registered in the State of Colorado is required . (Department of Public Works)
C . If applicable, 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)
D . The applicant shall provide a Decommissioning Plan for the Compressor Facility. (Departmnt of
Planning Services)
E . The USR map shall be amended to delineate the following :
1 . All sheets of the USR map shall be labeled USR19-0062 (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 57 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. On the east side of the section line , County Road 55 has 30 feet of resolution right-of-way
near County Roads 130 and 132 , with a gap in the middle of the section line having no right-
of-way. The applicant shall delineate the existing right-of-way on the site plan . Show and
label the section line Right-of-Way as "CR 55 Section Line Right-Of-Way, Not County
Maintained" , where applicable. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
6. On the north side of the section line, County Road 130 has 30 feet of resolution right-of-way.
The applicant shall delineate the existing right-of-way on the site plan . Show and label the
section line Right-of-Way as "CR 130 Section Line Right-Of-Way, Not County Maintained ."
All setbacks shall be measured from the edge of right-of-way. (Department of Public Works)
7. On the south side of the section line , County Road 132 has 30 feet of resolution right-of-way.
The applicant shall delineate the existing right-of-way on the site plan . Show and label the
section line Right-of-Way as "CR 132 Section Line Right-Of-Way, Not County Maintained ."
All setbacks shall be measured from the edge of right-of-way. ( Department of Public Works)
8. Show and label the approved access location , approved access width and the appropriate
turning radii (60') on the site plan . The applicant must obtain an access permit in the
approved location prior to construction . (Department of Public Works)
9. Show and label the approved tracking control on the site plan . (Department of Public Works)
10 . 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)
RESOLUTION USR19-0062
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PAGE 5
11 If applicable,show and label a minimum 30-foot wide access and utility easement to provide
legal access to the project site on the site plan (Department of Public Works)
12 Show and label the accepted drainage features Stormwater ponds should be labeled as
"Stormwater Detention, No-Build or Storage Area"and shall include the calculated volume
(Department of Public Works)
13 Show and label the drainage flow arrows (Department of Public Works)
14 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Public Works)
2 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
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 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)
6 In accordance with Weld County Code Ordinance#2012-3, approved April 30,2012, should the plat 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)
7 The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review USR map is ready to be recorded in the office of the Weld County Clerk
and Recorder (Department of Planning Services)
RESOLUTION USR19-0062
SALT RANCH, LLC, C/O OUTRIGGER DJ OPERATING LLC
PAGE 6
Motion seconded by Lonnie Ford
VOTE
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stile
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, Michelle Wall, 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 3, 2019
Dated the 3rd of December, 2019
`-in
Michelle Wall
Secretary
RESOLUTION USR19-0062
SALT RANCH, LLC, CIO OUTRIGGER DJ OPERATING LLC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Outrigger DJOperating, LLC
Bayou Compressor Station
USR19-0062
1 A Site Specific Development Plan and a Special Review Permit,USR19-0062 for Oil and Gas Support and
Service including(Four(4)gas compressors and related equipment),one(1)up to sixty(60)feet in height
secure communications tower, and up to four(4) construction office trailers and four(4) conex located
within a fence laydown yard for use during the construction of the facility in the A(Agricultural)Zone,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 Co-Location of communication devices on the 69-foot in height communications tower is permitted and
encouraged if applicants are able to comply with Outrigger's safety, security and structural installation
requirements (Department of Planning Services)
8 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)
9 The applicant or operator shall comply with the approved Decommissioning Plan
10 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
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)
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 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Department of Public Works)
RESOLUTION USR19-0062
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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 (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)
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PAGE 9
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 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
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 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
40 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
RESOLUTION USR19-0062
SALT RANCH, LLC, C/O OUTRIGGER DJ OPERATING LLC
PAGE 10
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 agncultural 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
,
VLYflhf1 \11L > EXHIBIT
1I / DS120 ) A
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Sr 0 .
Tuesday , December 3 . 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 12 : 30 pm .
Roll Call .
Present : Michael Wailes , Bruce Johnson , Gene Stille , Tom Cope , Lonnie Ford . Richard Beck . Skip Holland .
Absent : Elijah Hatch .
Also Present : Kim Ogle , Michael Hall . and Jim Flesher, Department of Planning Services ; Lauren Light
and Ben Frissell , Department of Environmental Health ; Hayley Balzano , Mike McRoberts and Zackery
Roberson , Public Works ; Bob Choate , County Attorney , and Michelle Wall , Secretary .
Motion : Approve the November 19 . 2019 Weld County Planning Commission minutes . Moved by Skip
Holland , Seconded by Gene Stille . Motion passed unanimously .
CASE NUMBER : USR19-0062
APPLICANT : SALT RANCH , LLC . C/O OUTRIGGER DJ OPERATING 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 ( FOUR (4 )
GAS COMPRESSORS AND RELATED EQUIPMENT) , ONE ( 1 ) UP TO SIXTY
(60) FEET IN HEIGHT SECURE COMMUNICATIONS TOWER , AND UP TO
FOUR (4 ) CONSTRUCTION OFFICE TRAILERS AND FOUR (4 ) CONEX
LOCATED WITHIN A FENCED LAYDOWN YARD FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE .
LEGAL DESCRIPTION : ALL OF SECTION 10 , T11 N , R64W OF THE 6TH P . M . , WELD COUNTY ,
COLORADO .
LOCATION : NORTH OF AND ADJACENT TO CR 130 ; WEST OF AND ADJACENT TO CR
57 .
Kim Ogle , Planning Services , presented Case USR19-0062 , 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 . Staff recommended that Condition of Approval 1 . B . be deleted because the applicant has
already submitted a final drainage report and certification of compliance stamped and signed by a
professional engineer registered in the State of Colorado .
Ben Frissell , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan .
Andrew Perdue , 5424 South Geneva Way , Englewood , Colorado . Mr. Perdue stated he is the Director of
Operations for Outrigger Energy and the operator for the proposed compressor station . Mr. Perdue said
the Bayou Compressor Station will be used to move gas by pipeline from newly drilled wells in the area .
The site will be an unmanned with 1 — 2 area operators performing daily routine checks . Operators will be
able to access and shut down the facility from the manned plant in Briggsdale or any other area that has
access to the Outrigger server. Mr. Perdue said they completed a third -party noise impact study and they
feel confident that the noise attenuation measures will meet all the applicable County code requirements .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak .
Motion : Remove Condition of Approval 1 . B . as recommended by staff. Moved by Tom Cope , Seconded
by Bruce Johnson . Motion passed unanimously .
The Chair asked the applicant if they have read through the Amended 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 USR19-0062 to the Board of County Commissioners along with the Amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Johnson, Seconded by Lonnie Ford
Vote Motion carried by unanimous roll call vote(summary Yes =7)
Yes. Bruce Johnson, Gene Stile, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope
Meeting adjourned at 3 54 pm
Respectfully submitted,
`-Ma e, G'-e
Michelle Wall
Secretary
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