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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst Hearing Date: March 17, 2020
USR20-0004
Colorado Liberty Pipeline, LLC
A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas
Storage Facilities (four (4) 200,000 bbl storage tanks, associated appurtenances) in
the A (Agricultural) Zone District.
Lots A and B of Recorded Exemption RE -3171; being part of the W2NE4 Section 26,
T3N, R65W of the 6th P.M., Weld County, CO
South of and adjacent to CR 30 and approximately one -quarter mile west of CR 47
section line
Size of Parcels: +1- 80.9 acres Parcel Nos. 1213-26-1-00-021
1213-26-1-00-020
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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:
Platteville-Gilcrest Fire Protection District, referral dated January 28, 2020
Weld County Department of Public Works, referral dated February 19, 2020
Weld County Department of Public Health and Environment, referral dated January 29, 2020
West Neres Canal, Farmer's Reservoir and Irrigation Company, February 4, 2020 and February 18,
2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V
Weld County Zoning Compliance, referral dated January 21, 2020
Weld County School District RE -1, referral dated January 21, 2020
Central Weld County Water District, referral dated February 10, 2020
Central Colorado water Conservancy District, referral date January 21, 2020
State of Colorado, Division of Water Resources, referral dated January 21, 2020 and February 28,
2020
The Department of Planning Services' staff has not received responses from the following agencies:
Y History Colorado
Y Noble Energy, Inc.
Y Colorado Parks and Wildlife
Y Weld County Sheriff's Office
Y Platte Valley Conservation District
Y Weld County Office of Emergency Management
USR20-0004 - Colorado Liberty Pipeline, LLC
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst
USR20-0004
Colorado Liberty Pipeline, LLC
Hearing Date: March 17, 2020
A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas
Storage Facilities (four (4) 200,000 bbl storage tanks, associated appurtenances) in
the A (Agricultural) Zone District.
Lots A and B of Recorded Exemption RE -3171; being part of the W2NE4 Section 26,
T3N, R65W of the 6th P.M., Weld County, CO
South of and adjacent to CR 30 and approximately one -quarter mile west of CR 47
section line
+1- 80.9 acres Parcel Nos. 1213-26-1-00-021
1213-26-1-00-020
The applicant is proposing the Platteville Terminal (Terminal) which is intended to handle batched delivery
and receipt of crude oil. Oil will be stored in four (4) 200,000 bbl. aboveground storage tanks to enter the
Colorado Liberty Pipeline. The Terminal is intended for receipt of product, storage and downstream
transportation of the crude oil. Current operations at the Terminal do not include any unloading of the crude
oil to a tanker truck or rail car.
Oil will primarily be received by the Terminal via pipeline from the Guernsey Terminal located in Guernsey,
Wyoming. There will be a total of five (5) receiving stations at the Terminal. Crude oil received at the
receiving stations will be sent through a metering skid before being sent to four (4) 200,000 bbl. storage
tanks. Crude oil from the tanks will be then pumped to the Cushing Terminal, located in Cushing Oklahoma,
using five electric pumps.
The Terminal is part of the Colorado Liberty Pipeline Project. The Project is an approximately 700 -mile, 24 -
inch diameter crude oil pipeline originating near Guernsey, Wyoming heading generally south southeast
through Colorado and Kansas and terminating near Cushing, Oklahoma. Associated above ground facilities
include terminals in Guernsey, WY, Platteville, CO, and Cushing, OK.
The Project is expected to have an initial throughput capacity of 420 million barrels per day with 400,000
barrels of new crude oil storage capacity at Platteville. The pipeline will provide an integrated infrastructure
network that serves the Rockies and Bakken key shale oil producing regions with connectivity to Cushing,
Oklahoma. From Cushing, shippers will have the ability to access multiple Gulf Coast market centers.
During construction there will be an average workforce of 50 workers over the 10-12 months of construction,
and a peak workforce up to 80 workers for up to two (2) months. The Terminal will operate 24 hours a day,
7 days per week. Routine operation, maintenance and inspection activities would typically occur between
6:00 AM and 5:00 PM Monday — Friday, but activities could occur at other times, if warranted. During
operation, Liberty anticipates an average workforce of eight (8) with a maximum of fifteen (15) employees
onsite Monday — Friday. The Terminal is closed to the public and visitors would largely be limited to
employees and deliveries, as needed. The application material state that there will be sixteen (16) parking
USR20-0004 - Colorado Liberty Pipeline, LLC
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stalls and one (1) ADA parking stall. Lighting will be for security and maintenance purposes and shall not
spill onto adjacent properties. A future sign for the facility will not exceed sixteen (16) square feet in size
and will not be greater than six (6) feet in height.
There is a 4,000 -gallon underground sump tank proposed and a well will be designed as a source of the
potable water.
There is also a substation on site. The substation receives 69kV service from the local utility United Power
and steps it down to 25kV. This in turn serves as the power source for the appurtenances at the Platteville
Terminal such as the pumps, valves, tanks, meters, etc.
This Project is associated with the Colorado Liberty Pipeline being processed under LAP19-0035.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.2 - A.Policy 7.2. states "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be compatible with the
region."
The site is located in a rural area where there is a significant amount of oil and gas activity
including oil and gas support and service facilities and oil and gas storage facilities. This USR
is in an area that can support this development and the Development Standards and the
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.
Section 22-5-100. B.6. - OG.Goal 2.6. states "Promote the safety of all citizens and structures
that are in relatively close proximity to oil and gas facilities."
The Terminal is located adjacent to two rural -residential properties and within one-half mile of
similar oil and gas development to the east and north. Since the Terminal will use piping to
bring oil to the tanks it will generate very little traffic. Once operating there will be eight (8)
employees daily and up to thirteen (13) employees occasionally. The construction of the site
will generate some impacts because of the extra activity. During operations, approximately 12-
18 roundtrip passenger cars and/or trucks per day are anticipated. In addition, there will also
be 2-4 roundtrips per day of a truck and trailer (typically a 1 -ton or 1 1/2 ton truck towing a
flatbed). Occasionally there may be a semi with a large track hoe or crane.
Section 22-2-20.H.-A.Goal 8. states "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for
more intensive development."
The proposed facility will utilize an approved Division of Water Resources well for drinking and
sanitary facilities. A proposed onsite waste water treatment system will handle the effluent
flows. Access to the facility is via an access point onto County Road 30.
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
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properties and referral agencies. Encourage applicants to communicate with those affected by
the proposed land use change through the referral process."
The site is not located within the three-mile referral area of a municipality or a County. Local
and State 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 Standard. Planning staff has not received any
correspondence or telephone calls concerning this application.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10 — Intent states, "The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right."
This code section allows the applicant to apply for a Use by Special Review permit for the
subject business which is more intense than Uses Allowed by Right.
Section 23-3-40.V. — Uses by special review, of the Weld County Code states, "Oil and Gas
Storage Facilities." This code section allows the applicant to apply for a USR for this use.
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, rural residences and multiple oil and gas support
and service facilities. There are two residences within 500 -feet of the site, one is west of the
site and one is east of the site. Approximately one-half (1/2) mile east of the site are two other
terminal facilities.
There are fifteen (15) USRs within one mile of this site. Amended USR-1276 for a composting
facility, USR17-0036 for steel fabrication, 2nd Amended USR19-17-0034 for a greater than 12 -
inch (16 -20 -inch) natural gas pipeline, USR18-0007 for a greater than 12 -inch high pressure
natural gas pipeline, USR18-0103 for a greater than 13 -inch, (up to 20 -inch crude oil) pipeline,
USR12-0030 roust -a -bout and excavating service, USR-1420 second single-family residence,
USR16-0042 oil and gas storage facility with transloading, USR15-0016 oil and gas storage
facility and transloading, MUSR13-0011 oil and gas storage facilities, 3'd Amended MUSR18-
07-1614 oil and gas storage facility, MUSR16-0005 oil and gas support and service, USR18-
0035 crude oil terminal, 2nd MUSR17-15-0012 crude oil polishing terminal, and 1s' MUSR16-
11-0009 oil and gas support and service.
The Weld County Department of Planning Services sent notice to seven (7) surrounding
property owners within 500 feet of the proposed USR boundary. No correspondence or phone
calls were received.
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 located with an Intergovernmental Agreement area (IGA), a Cooperative
Planning Area (CPA), a Regional Urbanization Area (RUA) or Urban Growth Boundary (UGB).
The site is not located within a three (3) mile referral area of any municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
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The property is not within the MS4, the Geologic Hazard Overlay District, a Special Flood
Hazard 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 Program. Building Permits
issued on the proposed lot will be required to adhere to the fee structure of the County Facility
Fee and Drainage Impact Fee Programs.
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 located on soils designated as "Other" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. This USR will not take any "Prime
(Irrigated)" Farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes. (Department of Public
Works)
B. 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)
C. The applicant shall attempt to address the requirements of the Platteville-Gilcrest Fire
Protection District, as stated in the referral response dated January 28, 2020. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall attempt to address the requirement of Farmer's Reservoir and Irrigation
Company, as stated in the referral response dated February 18, 2020. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
E. The applicant shall submit a landscaping/screening plan. (Department of Planning Services)
F. The applicant shall submit a Noise Abatement Plan. (Department of Planning Services)
G. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0004. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department
of Planning Services)
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4) The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5) The map shall delineate the approved lighting plan. (Department of Planning Services)
6) All signs shall be shown on the map. (Department of Planning Services)
7) The map shall delineate the approved landscaping/screening plan. (Department of
Planning Services)
8) The map shall delineate the parking area on the map. (Department of Planning Services)
9) County Road 30 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)
10) 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)
11) Show and label the approved tracking control on the site plan. (Department of Public
Works)
12) 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)
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. 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 added for each
additional three (3) month period. (Department of Planning Services)
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4. 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)
5. Prior to Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be
installed according to the Weld County Onsite Wastewater Treatment System Regulations.
The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Onsite Wastewater Treatment System Regulations. (Department
of Public Health and Environment)
B. Documentation showing the facility has a permanent, adequate water supply for drinking and
sanitary purposes. (Department of Public Health and Environment)
6. Prior to Certificate of Occupancy or Within one month of 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)
7. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Colorado Liberty Pipeline, LLC
USR20-0004
1. A Site specific Development Plan and Use by Special Review Permit, USR20-0004, for Oil and
Gas Storage Facilities (four (4) 200,000 bbl storage tanks, associated appurtenances) in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on -site employees shall be fifteen (15). (Department of Planning Services)
4. The hours of operation are proposed to be 24 hours a day, 7 days per week.
5. The screening/landscaping shall be maintained. (Department of Planning Services)
6. The parking area shall be maintained. (Department of Planning Services)
7. 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)
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 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)
10. 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)
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
12. 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)
13. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
14. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a
site visit and possible updates. (Department of Public Works)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
16. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
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)
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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,
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)
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. 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)
22. 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 the public ROW and any adjacent properties. (Department of Public Health and
Environment)
23. Any septic system located on the property must comply with all provisions of the Weld County Code
pertaining to On -site Wastewater Treatment Systems (OWTS). A permanent, adequate water
supply shall be provided for drinking and sanitary purposes. (Department of Public Health and
Environment)
24. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
25. All potentially hazardous chemicals on -site must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance
with manufacturer's recommendations. (Department of Public Health and Environment)
26. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
sufficiently impervious to contain any spilled or released material. Secondary containment devices
shall be inspected at regular intervals and maintained in good condition. All secondary containment
will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or the
provisions of the State Underground and Above Ground Storage Tank Regulations. (Department
of Public Health and Environment)
27. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with
the applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and
Environment)
28. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
29. 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)
30. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
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31. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
32. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
33. 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)
34. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
35. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. 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)
36. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2018 International Codes; 2006 International Energy
Code; 2017 National Electrical Code; A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required or an open hole inspection. (Department
of Building Inspection)
37. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property 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.
38. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards, as shown or stated, shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
39. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
40. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted
according to a rational 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.
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Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
41. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, 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.
USR20-0004 - Colorado Liberty Pipeline, LLC
Page 11 of 11
January 21, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
JACOB ROSENBERG
1000 IDS CENTER 80 S 8TH STREET
MINNEAPOLIS, MN 55402
Subject: USR20-0004 - A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (storing and transporting crude oil) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOTS AAND B REC EXEMPT RE 3171, PART W2NE4 SECTION 26, T3N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 17, 2020, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on April 1, 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,
V1A -QL
0ad
Diana Aungst
Planner
Jacob Rosenberg
From:
Sent:
To:
Cc:
Subject:
Dickinson - DNR, Wenli <wenli.dickinson@state.co.us>
Thursday, March 5, 2020 11:54 AM
Jacob Rosenberg
Diana Aungst
Re: USR20-0004 Referral
Thanks for the update, the concerns in our letter have been addressed.
Wenli Dickinson
Water Resource Engineer
COLORADO
Division of Water Resources
Department of Nabrat Resourroes
P 303.866.3581 x8206
1313 Sherman St, Suite 821, Denver, CO 8O203
wenli.dickinson@state.co.us I www. col orado. qov/ water
On Thu, Mar 5, 2020 at 10:51 AM Jacob Rosenberg Jacob.Rosenberg@erm.com> wrote:
Hey Wenli,
Thanks again for sending that clarification.
In anticipation of our Planning Commission hearing I wanted to make sure we have addressed all the comments
detailed in the DWR referral letter dated 1/23/20.
1. Well permit and water supply
We received confirmation from the County that water service has not been extended to the site. A USR
condition will require that water be available prior to our certificate of occupancy. A well permit application is
being prepared.
2. Stormwater runoff
A revised drainage report was sent to you on 2/18/20. Per your 2/19/20 response it appears the specified drain time of
72 hours or less has been met.
I
Please let me know if there is anything else we need to address.
Thanks!
Jake
Jake Rosenberg
Senior Consultant
ERM
M II 970.819.9245
E jacob.rosenbergerm.com I W www.erm.com
binexci iota
From: Dickinson - DNR, Wenli <wenli.dickinson@state.co.us>
Sent: Friday, February 28, 202010:37 AM
To: Diana Aungst <daungst@weldgov.com>
Cc: Jacob Rosenberg <Jacob.Rosenbergerm.com>
Subject: Re: USR20-0004 Referral
Hi Diana,
Jake Rosenberg gave me a call and asked about the 3;000 gallon tank. I realized that in the
submitted materials, I interpreted the examples the county gave on the emergency action plan as
the plan itself. This was a mistake, and our comments on the tank in our letter dated January 23rd
2
are not applicable. To clarify, we do not have any concerns with the plan so long as any water
hauled to the site is from a legal source.
Thank you,
Wenli Dickinson
Water Resource Engineer
COLORADO
Division of Water Resources
Department tment of NaturaL'Resources
P 303.866.3581 x8206
1313 Sherman St, Suite 821, Denver, CO 80203
wenl i . di cki nsonst at e. co. us I www. col orado. gov/ water.
On Thu, Jan 23, 2020 at 8:23 AM Dickinson - DNR, WenWenli < enli.dickinson ,state.ca.us> wrote:
Dear Diana Aungst,
Please see the attached letter regarding USR20-0004.
Sincerely,
Wenli Dickinson
Water Resource Engineer
CI" COLORADO
Division of Water Resources
Department of Nfaturat Resources
P 303.866.3581 x8206
1313 Sherman St, Suite 821, Denver, CO 80203
wen l i . d i cki nson@st at e. co. us I www. colorado. goy/ water
Forwarded message -
From: Kristine Ranslem <kranslem@weldgov. corn>
3
Date: Tue, Jan 21, 2020 at 8:26 AM
Subject: USR20-0004 Referral
To: Bethany Pascoe bpascoe a,weldgov. com>, Alan Caldwell acald ell@weldgay. corn>, Roy Rudisill
rrudi sill@vie ldgov. com>, Brucker - DNR, Sarah <sarah.brucker@state.co.us>, Mettenbrink - DNR, Chris
Chris.mettenbrink@state.co.us>, Cannon - DNR, Kristin <kristin.cannon@state.co.us>, Moss, Douglas C
<mossd@wcsdre l .org>, Jeff Cogburn <jcogburn cx,pgfpd.org>, roxanne@cwcd.com
<roxanne c�r,cwcwd. corn>, Kathy Naibauer kathy@,cwcwd.com>, Randy Ray <rray(a,ccwcd. org , Scott
Edgar <scott@farmersres.com>, Eve Craven <Eve@farmersres.cam>, cindy.einspahr@co.usda.gov
cindy. einspahr@c o. us da. gov>
Cc: Diana Aungst daungst@weldgov.com>
We have received a case (USR20-0004) in which we ask that you review the material and send a
referral to us. Please click on the link below and select "Search Applications" under the Planning
tab. Input the record number. Please click the blue arrow next to the "Record Info" button at the
top. Select Attachments and you will find all the information including the referral form to submit
back to us. The following is a quick link to the case search:
https://accela-aca.co.weldto.usicitizenaccessi.
If you have any questions, please don't hesitate to contact me at the number below. Thank You!
Krtct[ne Rasienx,
Planning Technician
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80 631
(970)400-3519
kransiem c welagay.cor
4
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5
Jacob Rosenberg
From:
Sent:
To:
Subject:
Attachments:
Good Morning Jeff —
David Burns <dburns@weldgov.com>
Monday, February 24, 2020 1:13 PM
Jacob Rosenberg
USR20-0004 - Platteville Terminal EAP DRAFT
COND. Approval_Draft Emergency Incident Action Plan.pdf
Attached is the EAP Draft for the Platteville Terminal, which is part of the large Pipeline project coming in. There is not
much to yet. However, they need one for the permitting process.
final EAP is submitted near projectCompletion.
Please feel free to contact me if you have any questions.
v/r
Dave Burns, CO--CEM MEP, Coordinator
Office of Emergency Management
1150 D St. Greeley, Co
970-400-3993 Office
970x515-2541 Cell
EMERGENCY MANAGEMENT
I have approved the attached plan on the condition a
ounty LEPC
AIL
-
I Local Emergency
Harming Committee-
I
Hello