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Home My WebLink About20192236.tiff-44 G Planner: Case Number: Applicant: Representative: Request: Legal Description: PM, Weld County, Colorado LAND USE APPLICATION SUMMARY SHEET C. Gathman USR19-0011 Kerr McGee Gathering, LLC Nathan Keiser Hearing Date: May 21, 2019 A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility (Compressor Station Facility) along with a temporary laydown yard and up to four (4) temporary office trailers and eight (8) temporary conex containers proposed to be on site during construction of the facility in the A (Agricultural) Zone District. Lot B Recorded Exemption RE -1228; Part of the SE4 of Section 18, T4N, R67W of the 6'" Location: North of and adjacent to County Road 44 and West of and adjacent to County Road 15. Size of Parcel: +1- 72.1 acres Parcel No. 1059-18-0-00-015 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 March 28, 2019 Weld County Department of Public Works, referral dated March 28, 2019 Town of Johnstown, referral dated April 25, 2019 Colorado Department of Public Health and Environment, electronic mail referral received March 26, 2019 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Y' Y' Y' Y' Y° Y' Weld County Zoning Compliance, referral dated March 7, 2019 Colorado Parks and Wildlife, referral dated March 1, 2019 Town of Mead, referral dated March 6, 2019 Weld County Sheriff's Office, referral dated March 8, 2019 Colorado Department of Transportation, electronic mail referral received March 14, 2019 Department of Building Inspection, referral received April 17, 2019 The Department of Planning Services' staff has not received responses from the following agencies: Office of Emergency Management Town of Milliken Town of Berthoud Front Range Fire Rescue RE -5J School District PDC Energy Big Thompson Soil Conservation District USR19-0011 — Kerr McGee Gathering, LLC Page 1 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: C. Gathman Hearing Date: May 21, 2019 Case Number: USR19-0011 Applicant: Kerr McGee Gathering, LLC Representative: Nathan Keiser Request: A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility (Compressor Station Facility) along with a temporary laydown yard and up to four (4) temporary office trailers and eight (8) temporary conex containers proposed to be on site during construction of the facility in the A (Agricultural) Zone District. Legal Lot B Recorded Exemption RE -1228; Part of the SE4 of Section 18, T4N, R67W of the Description: 6'h PM, Weld County, Colorado Location: North of and adjacent to County Road 44 and West of and adjacent to County Road 15. Size of Parcel: +/- 72.1 acres Parcel No. 1059-18-0-00-015 Case Summary: The proposed compressor station facility will include compressors, vapor recovery units, separators, dehydrators. An electric switching station (reducing distribution voltage from 69 kV to 12.7 kV). The switching station component is a use by right per the Weld County Code. The applicant was originally proposing a 70 -foot communication tower associated with this USR but the tower height for the proposed tower has been reduced to 35 -feet (which is a use by right). The facility will operate 24 hours a day/7 days a week. Upon completion of construction the facility — it will be accessed by approximately one employee per day. The applicant is proposing a sound wall (8 -feet high and 5 -inches thick) for screening and sound mitigation purposes. 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 22-5-100.A (OG.Goal 1) states: "Promote the reasonable and orderly exploration and development of oil and gas mineral resources." Kerr-McGee and Anadarko Petroleum operate nearly 5,000 oil and gas wells in the area with the majority being in Weld County. The wells produce natural gas that needs to be routed by a number of pipelines to compressor stations. The proposed facility is required to submit a Noise Abatement Plan, Lighting Plan, and Landscape and Screening Plan to address the potential noise and lighting impacts associated with the facility. USR19-0011 — Kerr McGee Gathering, LLC Page 2 Section 22-5-100 A (OG. Goal 1) states: "Ensure that the extraction of the oil gas resources conserves the land and minimizes the impact on surrounding land uses." The proposed facility is located on land delineated as "Prime," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. However, the facility will have a limited footprint, as it will be located on approximately (12.9) acres of the 72 -acre parcel. The application indicates the remainder of the site will remain in production. The facility will be located immediately adjacent to and is proposing to share an access with an existing oil and gas production facility (7 wellheads and 16 tanks). The existing screening, the Development Standards, and the Conditions of Approval (including noise abatement, screening (including a proposed wall for visual and sound mitigation), will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development, Oil and Gas Support and Service in the A (Agricultural) Zone District. Section 23-3-10 — Intent, states, in part: "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." The proposed Use is in an area that can support this development (it is located adjacent to an existing oil and gas production facility and approximately 0.25 and 0.5 mile from the nearest residences and the Conditions of Approval, and the Development Standards (including requirements for Screening, Lighting and Noise Abatement) will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed compressor station facility is located approximately 1,000 and 2,000 feet to the northwest of the nearest residences. The Stroh Farm subdivision (in the municipal limits of Johnstown is located approximately 1.25 miles to the east. The compressor station facility is proposed to be located north of and adjacent to an existing oil and gas production facility on the same property (7 wellheads and 16 tanks). A total of nine (9) letters of concern/objection have been received from surrounding property owners in regard to this application. Concerns/objections expressed include (but not limited to): • Traffic • Noise • Air Quality (release of emissions during "blow downs") • Safety • Health impacts • Location in a valley will result in inversions The materials in the application state that the applicant held a community meeting on July 31, 2018 to introduce and discuss upcoming well applications and the compressor station. The applicant indicated that notice for this meeting was sent to property owners within 1/2 mile of the site. Based on feedback from the community meeting the applicant agreed to share the existing access with PDC energy further to the west and proposed a wall along the southern boundary of the facility. The applicant has indicated that the wall would be 8 - feet high and 5 -inches thick. USR19-0011 — Kerr McGee Gathering, LLC Page 3 The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan, a Noise Abatement Plan, an Improvements Agreement (for road and traffic impacts during construction of the facility) and a Landscaping/Screening Plan. The facility will have to meet noise limits of 55dB during the daytime and 50 dB during nighttime. Upon completion of the facility, the application (traffic narrative) indicates that traffic will be minimal (approximately one (1) vehicle trip per day. The applicant will have to obtain all of the required State permits (including Air Pollution Emission Notices (APENs) for the facility. 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 Berthoud, Town of Mead, Town of Milliken and Town of Johnstown. The Town of Mead in their referral comments, dated March 6, 2019 indicated that they have no concerns. No referral comments have been received from either the Town of Berthoud or the Town of Milliken. The Town of Johnstown, in their referral comments dated April 25, 2019, requested a more detailed haul route to address various routes and potential impacts to nearby roadways and intersections. The Town indicates that the Johnstown Comprehensive Plan framework plan indicates the area is suited for low density residential neighborhoods. The Town would prefer in a more rural area where significant growth is not anticipated. Should the county should approve the USR, Johnstown requests the following conditions be added: 1) 24 -hour noise levels will be adequately monitored on a bi-weekly/monthly basis for the first six months of testing and operations, and at least quarterly thereafter, with reports available to Weld County, the Town of Johnstown, and the public, upon request. 2) Utilize a permanent air quality monitoring system at the facility, providing continuous feedback and notification in case of anomalous emissions, with reports available to Weld County, the Town of Johnstown, and the public, upon request. 3) Provide an executed Roadway Maintenance Agreement between the applicant and the Town of Johnstown, and obtain all necessary permits, prior to beginning construction of the facility — for any Town roads that may be impacted by the construction or ongoing maintenance of the facility. A portion of the site (in the northwest corner) is located within the urban growth boundary of Johnstown. The County does not currently have a Cooperative Planning Agreement with the Town of Johnstown. A condition of approval is attached requiring the applicant to address the conditions of the Town of Johnstown. 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 or the Airport Overlay District. USR19-0011 — Kerr McGee Gathering, LLC Page 4 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 is located on approximately 72 acres delineated as "Prime" if Irrigated and ' Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The application indicates that the compressor station will be located on approximately 12.9 acres on the property located on the area of the property delineated as "Prime". Kerr McGee is the owner of the property and is choosing to allow agricultural operations to remain in place on the remainder of the property. 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 plat: A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control, specified haul routes, road damage repairs and future improvement triggers. (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 submit an updated Noise Abatement Plan. The Noise Abatement Plan shall include noise modeling for the facility in its buildout condition. (Department of Planning Services) D. The applicant shall submit a Lighting Plan for review and approval by the Department of Planning Services. (Department of Planning Services) E. The applicant shall submit a Screening Plan that screens the site from the Surrounding Property Owners and the right-of-way for review and approval. If landscaping is proposed as part of the screening plan, a landscape irrigation and maintenance plan shall be provided. (Department of Planning Services) F. An updated Communications Plan shall be submitted to the Department of Planning Services for review and approval. (Department of Planning Services) G. A Decommissioning Plan shall be submitted to the Department of Planning Services for review and approval. (Department of Planning Services) USR19-0011 — Kerr McGee Gathering, LLC Page 5 H. The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR19-0011. (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. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the landscaping and/or screening. (Department of Planning Services) 6. The map shall delineate the lighting which shall adhere to the Weld County Code. (Department of Planning Services) 7. All signs shall be shown on the map and 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) 8. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 9. County Road 44 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) 10. 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) 11. This portion of County Road 15 is under the jurisdiction of the Town of Johnstown. Please contact the municipality to verify the right-of-way. Show and label the right-of- way. (Department of Public Works) 12. Show and label the approved tracking control on the site plan. (Department of Public Works) 13. 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) 14. 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) 15. Show and label the drainage flow arrows. (Department of Public Works) 16. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) USR19-0011 — Kerr McGee Gathering, LLC Page 6 17. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Public Works) 18. The applicant shall indicate specifically on the map the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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 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 added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 5. 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) 6. 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) 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) USR19-0011 — Kerr McGee Gathering, LLC Page 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Kerr McGee Gathering, LLC USR19-0011 1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0011, for an Oil and Gas Support and Service Facility (Compressor Station Facility) along with a temporary laydown yard and up to four (4) temporary office trailers and eight (8) temporary conex containers proposed to be on site during construction of the facility 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 hours of operation are 24 -hours a day, 7 -days a week. (Department of Planning Services) 4. Compressors may be powered by natural gas engines, or electric motors. (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 visual mitigation and screening on the site shall be maintained in accordance with the approved screening plan. (Department of Planning Services) 7. The approved Noise Mitigation Plan shall be maintained. (Department of Planning Services) 8. The approved Communications Plan shall be maintained. (Department of Planning Services) 9. The approved Lighting Plan shall be maintained. (Department of Planning Services) 10. The property owner shall maintain compliance with the 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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) 13. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 14. 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) 15. 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) 16. 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) USR19-0011 — Kerr McGee Gathering, LLC Page 8 17. 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 Health and Environment) 18. 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) 19. 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) 20. 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) 21. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 22. 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) 23. 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) 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, if applicable. (Department of Public Health and Environment) 25. 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) 26. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 27. 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) 28. 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) 29. 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) 30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) USR19-0011 — Kerr McGee Gathering, LLC Page 9 31. 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) 32. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 33. 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) 34. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 35. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 36. 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) 37. 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. 38. 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) 39. 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) 40. 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) 41. 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) 42. 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. USR19-0011 — Kerr McGee Gathering, LLC Page 10 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. 43. 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 maybe open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR19-0011 — Kerr McGee Gathering, LLC Page 11 April 22, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: cgathman@weldgov.com PHONE: (970) 400-3537 FAX: (970) 304-6498 Nathan Keiser 1099 18th Street Denver, CO 80202 Subject: USR19-0011 - A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility (Compressor Station Facility) along with a temporary laydown yard and up to four (4) temporary office trailers and eight (8) temporary conex containers proposed to be on site during construction of the facility in the A (Agricultural) Zone District. On parcel(s) of land described as: LOT B REC EXEMPT RE -1228, PART SE4 SECTION 18, T4N, R67W of the 6th P.M., Weld County, Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 21, 2019, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on June 19, 2019 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 www.weldcountyplanninqcases.orq If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: cgathman@weldgov.com PHONE: (970) 400-3537 FAX: (970) 304-6498 February 28, 2019 Nathan Keiser 1099 18th Street Denver, CO 80202 Subject: USR19-0011 - A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility (Compressor Station Facility) in the A(Agricultural) Zone District On parcel(s) of land described as: PT SE4 SECTION 18 T4N R67W LOT B REC EXEMPT RE -1228 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Johnstown at Phone Number 970-587-4664 Milliken at Phone Number 970-587-4331 Mead at Phone Number 970-535-4477 Berthoud at Phone Number 970-532-2643 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner FIELD CHECK inspection dates: 5/10/2019 APPLICANT: Kerr McGee Gathering, LLC CASE #: USR19-0011 REQUEST: A Site -Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility (Compressor Station Facility) along with a temporary laydown yard and up to four (4) temporary office trailers and eight (8) temporary conex containers proposed to be on site during construction of the facility in the A (Agricultural) Zone District. LEGAL: Lot B Recorded Exemption RE -1228; Part of the SE4 of Section 18, T4N, R67W of the 6th PM, Weld County, Colorado LOCATION: North of and adjacent to County Road 44 and West of and adjacent to County Road 15. PARCEL ID #s: 1059-18-4-00-015 ACRES: +/- 72.1 acres Zoning Land Use N A N Cropland E A E Cropland/SF Residence S A S SF residence/Horse Facility W A W Cropland COMMENTS: Existing oil and gas production facilities in the southwest and southeast portions of the property. Chris Gathman - Planner III Hello