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Kim Ogle
USR18-0099
LAND USE APPLICATION
SUMMARY SHEET
PRELIMINARY
Hearing Date: December4,2018
Bonanza Creek Energy Operating Company, do DCP Operating, LP
c/o Paul Park DCP Operating Company, LP, 3026 4th Avenue, Greeley, CO
A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service, Natural Gas Compressor facility,
and one (1) up to one hundred (100) feet in height secure communications tower; a
temporary laydown and storage yard, and up to eight (8) construction office trailers and
sixteen (16) conex for use during the construction of the facility in the A (Agricultural) Zone
District. (DCP Operating Company, LP — Prairie Compressor Station)
Lot A RE -238 being part of the S2NW4 and Lot B AmRE-2711 being part of the W2SW4 all
in Section 1, Township 4 North, Range 64 West of the 6th P.M., Weld County Colorado
East of and adjacent to County Road 59, approximately 0.25 miles north of County Road 48
144.1 +/- acres
Parcel Numbers: 1053-01-0-00-023
1053-01-3-00-039
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 responses with comment from the following
agencies:
Weld County Department of Planning Services — Floodplain, referral dated October 1, 2018
Weld County Department of Public Health and Environment, referral dated October 19, 2018
Weld County Department of Public Works, referral dated October 24, 2018
The Department of Planning Services' staff has received responses without comment from the following
agencies:
Platte Valley Fire Protection District, referral dated October 2, 2018
Weld County Zoning Compliance, referral dated October 5, 2018
Weld County Public Safety Wireless Communication, referral dated October 10, 2018
Weld County Sheriff's Office, referral dated October 15, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Town of Kersey
Colorado Parks and Wildlife
Weld County Building Inspection
Central Weld County Water District ➢ West Greeley Conservation District
USR18-0099-- DCP Operating, LP — Prairie Compressor Facility, page 1
Weld County Office of Emergency
Management
Planner:
Kim Ogle
Case Number: USR18-0099
Applicant:
Request:
Legal
Description:
Location:
Size of Parcel:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: December4,2018
Bonanza Creek Energy Operating Company, do DCP Operating, LP
c/o Paul Park DCP Operating Company, LP, 3026 4th Avenue, Greeley, CO
A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service, Natural Gas Compressor facility,
and one (1) up to one hundred (100) feet in height secure communications tower; a
temporary laydown and storage yard, and up to eight (8) construction office trailers and
sixteen (16) conex for use during the construction of the facility in the A (Agricultural) Zone
District. (DCP Operating Company, LP — Prairie Comprssor Station)
Lot A RE -238 being part of the S2NW4 and Lot B AmRE-2711 being part of the W2SW4 all
in Section 1, Township 4 North, Range 64 West of the 6th P.M., Weld County Colorado
East of and adjacent to County Road 59, approximately 0.25 miles north of County Road 48
144.1 +/- acres
Parcel Numbers: 1053-01-0-00-023
and1053-01-3-00-039
Narrative:
DCP Operating Company, LP (DCP) is in the process of expanding operations in Weld County, Colorado. The
expansion project will include adding compressors and interconnecting pipelines for the purpose of
gathering raw natural gas and preparing it for compression and insertion into commercial sales pipelines.
This application only addresses the Prairie compressor station and a 100 -foot DCP communications
tower. Additional USR permit applications will be submitted for any future compressor stations, plants, and
pipelines. The unmanned Prairie compressor station will be located within two (2) parcels totaling 144 acres
with approximately ten (10) acres developed for the facility. The facilitywill be fully fenced and the area inside
the fence will be graveled. The area outside the fence will be re -vegetated with native grasses.
THE 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."
DCP is a business that is in the midstream segment of the natural gas industry. As part of its
business, DCP gathers natural gas via pipelines for processing and transmits final products to
USR18-0099-- DCP Operating, LP — Prairie Compressor Facility, page 2
customers via pipelines. In Weld County, DCP operates an extensive network of gathering pipelines
as well as seven, with one pending approval, gas processing plants. 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 needs to be expanded in order to meet the growing
production. To meets these needs, DCP is proposing, the Prairie 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. The proposed compressor will be sited on
private property owned by DCP Operating, LP.
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.
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 and Section 23-3-40.K allows one (1) or more microwave, radio,
television or other communication transmission or relay tower over seventy (70) feet in height per Lot
as a Use by Special Review in the A (Agricultural) Zone District.
Agriculture in the County is considered a valuable resource which must be protected from adverse
impacts resulting from uncontrolled and undirected business, industrial and residential land uses.
The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential
feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct
of agricultural activities and activities related to agriculture and agricultural production without the
interference of other, incompatible land uses. The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right. The A (Agricultural)
Zone District regulations are established to promote the health, safety and general welfare of the
present and future residents of the County.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed Prairie Compressor Station is located in an area of the County used primarily as
agricultural and pasture land and already contains various oil and gas operations and facilities. The
existing site is surrounded by irrigated crop land, agricultural fields and a few residents. By keeping
the proposed compressor footprint small (approximately 10 -acres out of the 144.1 -acre properety),
DCP intends that surrounding agricultural areas will not be affected by the compressor station's
presence. Once the construction is completed, the approximately 2.5 -acre contractor laydown
yard/parking area that was disturbed will be reseeded with a native seed mix.
There are ten (10) property owners on ten (10) parcels within five hundred feet of this facility, Planning
staff has not received any telephone calls or correspondence concerning this land use application.
DCP proposes to construct a radio communications tower "up to 100 feet" in height at the proposed
Prairie Compressor Station site. DCP designs and constructs such towers at each of its facilities to
allow for remote monitoring and control of the facilities. It is imperative that the communications tower
be located in the immediate vicinity of the site to allow for the transmission of a reliable signal. 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, DCP does not co -locate its transmitters on third -party towers. Because the
transmitters are utilized to remotely control the compression and processing of natural gas and other
hazardous materials, DCP requires that only DCP personnel be permitted access to its towers and
USR18-0099-- DCP Operating, LP — Prairie Compressor Facility, page 3
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 DCP's safety,
security and structural installation requirements.
To mitigate the perceived visual impacts on the surrounding properties, DCP intends to install a 16 -
foot tall pre -cast concrete wall around the entire Prairie Compressor Station with some additional
berms located on the west side of the wall to provide some additional screening. Any areas disturbed
during construction will be revegetated with a seed mix compliant with the Weld County Public Works
seed mix specifications.
In the unlikely event operations cease at the Prairie Compressor Station, DCP 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. DCP will comply with all COGCC
regulations concerning site restoration.
Per the application materials, it is stated that DCP is working with the neighbors regarding their
concerns. As part of the community outreach plan to facilitiate effective communication and public
information dispersal, DCP identified a list of key stakeholder contacts to ensure inclusion and
proactive outreach, and to provide a pathway for questions and concerns.
An introductory letter was mailed to 34 households/residents within a'h -mile radius on July 18, 2018
in an effort to solicit comment and input from our neighbors regarding the proposed Prairie
Compressor Station. On Tuesday July 31, 2018 DCP held a neighborhood meeting to discuss the
proposed installation of the proposed Prairie Compressor Station and discuss the concerns of
stakeholders. Sixteen (16) neighbors attended. Topics of discussion included: project overview,
growth of natural gas within Weld County, safety, environmental stewardship, reliable operations,
proposed construction timeline, emergency preparedness, responding to questions and
concerns about proposed compressor operations, sound and light mitigation measures being
implemented, and social opportunities to build and maintain relationships.
Two neighbors provided letters in opposition to the proposed facility (Pankow) citing concerns with
proximity to current residences, the loss in property value, and close proximity to the Box Elder
Floodplain. A second letter, (Tekler) identified noise and loss of peace and tranquailty as an
escape from their streeful jobs, lighting that would further destroy their joy of life, emmissions and
possible respiratory pollutants and a sharp decrease in property vlues. DCP is currently
identifying a schedule of town hall meetings, extending through the construction period throughout
2019.
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 within a three mile referral area of the Town of Kersey who did not return a referral
response. The 144 acre property is encroached by the defined Kersey IGA Boundary in the
northwest quadrant. The 2016 Comprehensive Plan Future Land Use Map for the Town of
Kersey delineates this entire site as outside of the Kersey Influence Area.
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 the Geologic Hazard or Airport Overlay
Districts. The site is located within the Flood Hazard Development area for the Box Elder Creek
Floodplain.
USR18-0099-- DCP Operating, LP — Prairie Compressor Facility, page 4
The site is also within the County -wide Road Impact Fee Area. Building Permits issued on the lots will
be required to adhere to the fee structure of the County -wide Road Impact Fee, County Facility Fee
and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
This proposed facility is located on two parcels totaling 144 acres with the south parcel utilized for
construction of the Prairie Compressor Station. The approximate 130 acre area not impacted by the
compressor site will continue in agriculture production with on -going oil and gas production activities.
The proposed facility is sited on lands that are designated as "Prime" 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:
A. The Division of Water Resources in their referral dated September 26, 2018 identifed a well
operating under permit no. 6838 -RR located on the property. Well permit no. 6838 -RR was
issued on June 2, 1977, for the replacement of an existing well with permit no. 6838-R, and is
operating pursuant to the decree in Division 1 Water Court Case no.W-265 and the Lower
Latham Reservoir Company augmentation plan in approved in Case no. 2003CW047. The well
is producing water from the alluvium of the South Platte River and its tributaries and may
withdraw up to 200 acre-feet per year for the irrigation of 80 acres in the S1/2 of the NW1/4 of
Section 1, Township 4 North, Range 64 West, of the 6th P.M. As permitted the well cannot be
used to serve the oil and gas facility or the natural gas compressor facility on the property. Prior
to using a well for such purposes a well permit allowing such uses must be obtained.
The applicant shall provide a letter on DCP Letterhead stating the intended use of the well will
not be for the proposed Prairie natural gas compressor facility on the property or alternately
provide a letter from the State of Colorado Division of Water Resources stating the permitted
well is being re -permitted for an industrial use shall be submitted to the Department of Planning
Services. (Department of Planning Services)
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. 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)
D. The USR map shall be amended to delineate the following:
1. All sheets of the USR map shall be labeled USR18-0099 (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)
USR18-0099-- DCP Operating, LP — Prairie Compressor Facility, page 5
4. County Road 59 is a paved road and is designated on the Weld County Road Classification Plan
as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site map the future and existing right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is maintained by Weld County.
(Department of Public Works)
5. 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)
6. Show and label the approved tracking control on the site plan. (Department of Public Works)
7. 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)
8. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area"
and shall include the calculated volume. (Department of Public Works)
9. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
10. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
2. Prior to Construction
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
B. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services —
Floodplain)
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 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 mapsaco.weld.co.us. (Department of
USR18-0099-- DCP Operating, LP — Prairie Compressor Facility, page 6
Planning Services)
6. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the USR map
not be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners resolution a $50.00 recording continuance charge shall be added for each additional 3
month period. (Department of Planning Services)
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)
USR18-0099-- DCP Operating, LP — Prairie Compressor Facility, page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Operating, LP
Prairie Compressor Station
USR18-0099
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0099, for Mineral Resource
Development Facilities, Oil and Gas Support and Service, Natural Gas Compressor facility, and one (1) up
to one hundred (100) feet in height secure communications tower; a temporary laydown and storage yard,
and up to eight (8) construction office trailers and sixteen (16) conex for use during the construction of the
facility in the A (Agricultural) Zone District, 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 landscaping/screening, and maintenance of the pre -cast concrete wall on the site shall be maintained.
(Department of Planning Services)
7. Co -Location of communication devices on the 100 -foot in height communications tower is permitted and
encouraged if applicants are able to comply with DCP's safety, security and structural installation
requirements. (Department of Planning Services)
8. The applicant or operator shall comply with the approved Decommissioning Plan.
9. 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.
10. The property owner shall control noxious weeds on the site. (Department of Public Works)
11. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
13. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
USR18-0099-- DCP Operating, LP — Prairie Compressor Facility, page 8
14. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (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)
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. (Department of Public Health and Environment)
23. 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)
24. 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)
25. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
26. 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)
27. 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)
USR18-0099-- DCP Operating, LP — Prairie Compressor Facility, page 9
28. 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)
29. 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)
30. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
31. 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)
32. 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)
33. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1775E effective date January 20, 2016 (Box Elder Creek Floodplain).
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services -
Floodplain)
34. FEMA's floodplain boundaries may be updated at any time by FE MA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
35. 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)
36. 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)
37. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
38. 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.
39. 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
USR18-0099-- DCP Operating, LP — Prairie Compressor Facility, page 10
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
40. 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.
41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
42. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
USR18-0099-- DCP Operating, LP — Prairie Compressor Facility, page 11
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.
USR18-0099-- DCP Operating, LP — Prairie Compressor Facility, page 12
October 31, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
CHRISTINA WHITE
3620 W. 10TH ST #410
GREELEY, CO 80634
Subject: USR18-0099 - A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Compressor facility,
and one (1) up to one hundred (100) feet in height secure communications tower; a temporary laydown
and storage yard, and up to eight (8) construction office trailers and sixteen (16) conex for use during
the construction of the facility in the A (Agricultural) Zone District. (DCP Operating Company, LP -
Prairie Compressor Station)
On parcel(s) of land described as:
PART W2SW4 SECTION 1, T4N, R64W LOT B AMRE-2711 of the 6th P.M., Weld County, Colorado.
PART S2NW4 SECTION 1, T4N, R64W LOT RE -238 of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 4, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 19,
2018 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.weldcountypla r ni ngcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
September 24, 2018
CHRISTINA WHITE
3620 W 10TH ST #410
GREELEY, CO 80634
Subject: USR18-0099 - A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Compressor facility,
and one (1) up to one hundred (100) feet in height secure communications tower; a temporary laydown
and storage yard, and up to eight (8) construction office trailers and sixteen (16) conex containers for
use during the construction of the facility in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART W2SW4 SECTION 1, T4N, R64W LOT B AMEND REC EXEMPT AMRE-2711 of the 6th P.M.,
Weld County, Colorado.
PART S2NW4 SECTION 1, T4N, R64W LOT A REC EXEMPT RE -238 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:
Kersey at Phone Number 970-353-1681
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,
Planner
FIELD CHECK- USRI8-0099
Inspection Date: November 8, 2018
Applicant: Bonanza Creek Energy Operating Company, c/o DCP Operating, LP
Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service, Natural Gas
Compressor facility, and one (1) up to one hundred (100) feet in height secure
communications tower; a temporary laydown and storage yard, and up to eight (8)
construction office trailers and sixteen (16) conex for use during the construction of the
facility in the A (Agricultural) Zone District. (DCP Operating Company, LP — Prairie
Compressor Station)
Legal: Lot A RE -238 being part of the S2NW4 and Lot B AmRE-2711 being part of W2SW4 all
Section 1, Township 4 North, Range 64 West of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 59, approximately 0.25 miles north of County Road
48
Parcel ID #: 1053-01-0-00-023 and 1053-01-3-00-039
Acres: 144.1 +1 -
Zoning
Land Use
N
AGRICULTURE
N
Production agriculture with pivot and Box Elder Creek
E
AGRICULTURE
E
Production agriculture with pivot and rural residence
S
AGRICULTURE
S
Production agriculture
W
AGRICULTURE
W
Production agriculture with rural residence
Comments:
The property is located off County Road 59 a paved two lane road is and accessed via a well graveled
and graded oil and gas road to oil and gas encumbrances, including valve sets and well sites. The
access road crosses the Box Elder Creek channel and floodplain. The site is located to the eastern edge
of the property in the middle of the Section. The Tekler residence is located to the west of this proposed
compressor station by a distance of 2400 feet, with the Wolfe residence located to the east approximately
2500 feet and a similar distance to the south approximately 3000 feet. The general area is in agriculture
and has oil and gas encumbrances.
County Road 59 is paved. Access is from County Road 59 approximately .1200 feet south t of County
Road 50
Signs r
r: Access- o Property, graveled and graded
o Site Distance, good visibility
o Oil & Gas Structures on adjacent property
❑ Topography, generally no slope on this site
Note any commercial business/commercial vehicles that are operating from the site.
Hello