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LAND USE APPLICATION
SUMMARY SHEET
C. Gathman
Case Number: USR18-0116
Applicant: Enerplus Resources (USA) Corporation
Address: 950 17th Street, Suite 2200, Denver, CO 80202
Representative: Michael Welker — Ascent Geomatics Solutions
Hearing Date: March 5, 2019
Request: A Site Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support and Service (Central Gathering Facility to receive natural gas,
produced water and oil along with gas compression, gas processing, produced
water recycling, one (1) Salt Water Injection Disposal Well, storage yard and field
office along with five (5) cargo containers and two (2) temporary construction
offices) in the A (Agricultural) Zone District.
Legal
Description:
SW4 of Section 26, T8N, R67W of the 61h PM, Weld County, Colorado
Location: Approximately one (1) mile east of County Road 19 and approximately 1/2 mile
south of County Road 90.
Size of Parcel: +/- 160.25 acres
Parcel No. 0555-26-0-00-003
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:
F Weld County Department of Public Works, referral dated 1/1/2019
y Weld County Department of Public Health and Environment, referral dated 1/22/2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Zoning Compliance, referral dated 1/9/2019
▪ Weld County Sheriff's Office, referral dated 1/11/2019
▪ Colorado Department of Public Health and Environment, referral dated 1/23/2019
▪ Weld RE -9 School District, referral dated 1/7/2019
The Department of Planning Services' staff has not received responses from the following agencies:
VVVVVVV8181
Weld County Department of Building Inspection
Office of Emergency Management
Colorado Parks and Wildlife
Colorado Division of Water Resources
Colorado Oil & Gas Conservation Commission
Town of Severance
Ault Fire Protection District
School District RE -9
Farmers Service Administration — Conservation Reserve Program
USR18-0116, Enerplus Resources (USA) Corporation
Planner:
C. Gathman
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: March 5, 2018
Case Number: USR18-0116
Applicant: Enerplus Resources (USA) Corporation
Address: 950 17th Street, Suite 2200, Denver, CO. 80202
Representative: Michael Welker — Ascent Geomatics Solutions
Request: A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas
Support and Service Facility (Central Gathering Facility to receive natural gas, produced
water and oil along with gas compression, gas processing, produced water recycling, A
Salt Water Injection Disposal Well, storage yard and field office along with five (5) cargo
containers and two (2) temporary construction offices) in the A(Agricultural) Zone
District.
Legal
Description:
SW4 of Section 26, T8N, R67W of the 6'h PM, Weld County, Colorado
Location: Approximately one (1) mile east of County Road 19 and approximately 1/2 mile south of
County Road 90.
Size of Parcel:
Case Summary:
+/- 160.25 acres Parcel No. 0555-26-0-00-003
The applicant is proposing centralized gathering facility with gas compression and gas processing. It is
also proposed to act as a centralized gathering facility produced water and oil for Enerplus wells in this
area. A field office, storage area, produced water recycling and a Class II Salt Water Injection well are
also proposed. The application indicates that produced water recycling and injection will be solely for
Enerplus wells. The application estimates (15) passenger cars/pickups and (20-30) Semi -Trucks per day
depending on production rates. In addition to the equipment associated with the gathering, gas
compression, processing, recycling and compression components, a proposed Quonset office building
(measuring 50' x 125'), Five (5) conex containers, one (1) MCC building (20 x 30) and one (1) compressor
building (200' x 100') are proposed. The facility will operate 24 -hours a day, 365 days a year. A
commercial water well and septic system are proposed for the facility. The facility is proposed to service a
10 -inch low pressure gas line, a 6 — 8 oil pipeline along with produced water (4-6 inches). A high pressure
gas discharge pipeline will exit the facility to the east.
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.
USR18-0116, Enerplus Resources (USA) Corporation
Section 23-3-230.B.1 (A.Policy 7.2) of the Weld County Code 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 proposed facility is located in a rural area and will be located approximately 1 (one)
mile from the nearest residences in the area. The site is located approximately 1/2 mile
south of County Road 90 and the access into the site off of County Road 90 will not be
located in close proximity (or across) the street from residences in the area.
Section 22-2-20.H (A.Goal 8) of the Weld County Code 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 be serviced by a commercial well and septic system. The facility
will access on to County Road 90. An Improvements and Road Maintenance Agreement
(to address impacts and potential future damage) to County Road 90 is required as a
condition of approval for this facility.
Section 22-20.1 (A.Goal 9) states: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
The site is screened from many existing residences located to the west by existing
topography (hills).
The proposed use is in an area that can support this development and the Development
Standards, and the Conditions of Approval (including noise and lighting standards) 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 provides for a Site Specific Development
Plan for Oil and Gas Support and Service (Central Gathering Facility to receive natural gas,
produced water and oil along with gas compression, gas processing, produced water
recycling, A Salt Water Injection Disposal Well, storage yard and field office) in the A
(Agricultural) Zone District.
Section 23-3-10 — Intent states: "The (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 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.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The proposed facility is located approximately 1 mile to the north and east and 1 mile to
the north and west of the nearest residences. Rangeland and dry cropland surrounds the
property.
One letter of concern/objection dated 1/11/2019 was received from the Otis, Bedingfield
and Peters on behalf of the adjacent property to the south. Concerns expressed in the letter
were:
USR18-0116, Enerplus Resources (USA) Corporation
The close proximity of the facility (including the injection well) to the property to the
south.
Drainage impacts (impacts on an intermittent stream) on that drains to the south.
Traffic impacts
No landscaping or screening (especially if the property is located near the south
property line).
The applicant has submitted an updated USR map that relocates the facility 1,600 feet
further to the north in response to this request. The facility is going to access to the north
onto County Road 90. The nearest residence from the access point onto County Road 90
is approximately 0.75 miles to the east. The majority of nearby residences are located
approximately 1 mile to the west of the site along County Road 19. In driving along County
Road 19 it appears that the facility will be completely screened by topography in some
places.
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 3 -mile referral area and is located partially within the
Coordinated Planning Agreement (IGA) boundary for the Town of Severance. The Town
of Severance indicated in an e-mail dated 10/19/2018 (prior to referrals being sent out for
this case) that this site is located outside of the Growth Management Area for Severance.
No referral comments have been received from the Town of Severance for this case.
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.
Building Permits issued will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 160.25 acres delineated as "Prime if
Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The parcel is not irrigated. The owner (applicant) does not have any rights to irrigation
water.
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.
USR18-0116, Enerplus Resources (USA) Corporation
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Traffic Impact Study is required for this site prior to recording the USR Map. Traffic Impact
Studies are required to be completed by a Colorado Licensed Professional Engineer. The
Traffic Impact Study may indicate that off -site improvements are warranted by the Use by
Special Review. (Department of Public Works)
B. An Improvements and Road Maintenance Agreement is required for dust control, damage
repair to specified haul routes, and potential off -site improvements at this location. The
Agreement shall include provisions addressing engineering requirements, submission of
collateral, and testing and approval of completed improvements. (Department of Public
Works)
C. 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)
D. The applicant shall submit a recorded copy of any agreement signed by all of the owners of
the property crossed by the access. The access shall be for ingress, egress, utilities and shall
be referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
E. A Landscaping/Screening Plan to mitigate visual impacts of the facility shall be submitted to
the Department of Planning Services for review and approval. If landscaping is proposed as
screening, a landscape irrigation and maintenance plan shall be provided. (Department of
Planning Services)
F. A lighting plan that meets the requirements of Section 23-9-40 of the Weld County Code shall
be submitted for review and approval by the Department of Planning Services. (Department
of Planning Services)
G. A Communications Plan shall be submitted to the Department of Planning services. The
Communications Plan shall address ongoing communication processes with area property
owners, and by reviewed annually with input from the area property owners. (Department of
Planning Services)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0116 (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 per the approved
Landscaping/Screening Plan. (Department of Planning Services)
6. The map shall delineate the lighting per the approved lighting plan. (Department of
Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
USR18-0116, Enerplus Resources (USA) Corporation
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
8. County Road 90 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)
9. County Road 21 Section Line is shown as section line right-of-way per the Weld County
GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site
plan. Show and label the section line Right -of -Way as "CR 21 Section Line Right -Of -
Way, not County maintained." All setbacks shall be measured from the edge of right-
of-way. (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. 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 access and utility easement to provide legal access to the parcel
on the site plan. Show the easement from the project parcel up to and including the
connection to maintained County Road 55. (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)
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 Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat 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
USR18-0116, Enerplus Resources (USA) Corporation
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
mapsRco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Public Works)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. Prior to issuance of 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.
B. Documentation showing the facility has a permanent, adequate water supply for drinking and
sanitary purposes.
7. Prior to Operation:
A. If applicable, accepted construction drawings and construction of the off -site roadway
improvements are required prior to operation. (Department of Public Works)
B. 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)
8. Prior to the facility disposing or recycling of waste:
A. For recycling operations, the facility shall submit documentation showing the facility has an
approved Design and Operations plan approved by the COGCC. (Department of Public Health
and Environment)
B. The facility shall submit a Groundwater Monitoring Plan for review and approval to the Weld
County Department of Public Health and Environment. (Department of Public Health and
Environment)
C. The facility shall submit design plans of the offload pad area which should incorporate a sub -
sump monitoring point and synthetic liner for review and approval to the Weld County
Department of Public Health and Environment. (Department of Public Health and Environment)
8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat 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)
USR18-0116, Enerplus Resources (USA) Corporation
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Enerplus Resources (USA) Corporation
USR18-0116
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0116, for an Oil and Gas
Support and Service Facility (Central Gathering Facility to receive natural gas, produced water and oil
along with gas compression, gas processing, produced water recycling, A Salt Water Injection Disposal
Well, storage yard and field office) 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, seven (7) days a week. (Department of Planning Services)
4. The number of on -site employees shall be (eight) 8, as stated in the application. (Department of
Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. 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)
7. The landscaping/screening on the site shall be maintained in accordance with the approved
landscape/screening plan. (Department of Planning Services)
8. 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)
9. No disposal of waste, other than Class II, as currently defined by the Environmental Protection Agency,
is permitted. No commercial disposal of waste will occur at this facility. Any changes from the approved
Class II use will require an amendment to this Use by Special Review Permit. (Department of Public
Health and Environment)
10. 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)
11. 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)
12. The facility shall comply with the Colorado Oil and Gas Conservation Commission (COGCC)
regulations pertaining to Centralized E&P Waste Management Facilities. Only E&P wastes, generated
by the operator, are allowed to be recycled at the facility. (Department of Public Health and
Environment)
13. 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)
14. 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)
USR18-0116, Enerplus Resources (USA) Corporation
15. 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)
16. 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)
17. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
18. 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)
19. 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)
20. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
21. 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)
22. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
23. 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)
24. A leak detection system shall be designed and installed beneath concrete unloading pad(s), piping,
and sump(s). The unloading pad shall be kept in good condition. (Department of Public Health and
Environment)
25. The facility shall comply with the accepted Groundwater Monitoring Plan. (Department of Public Health
and Environment)
26. Analytical waste data and environmental monitoring data shall be made available to Weld County
Department of Health and Environment upon request. The Weld County Department of Health and
Environment reserves the right to require additional monitoring. (Department of Public Health and
Environment)
27. All stormwater, which has come into contact with waste materials on the site, shall be confined on the
site. In the event the storm water is not adequately controlled on the site, upon written notification from
the WCDPHE or CDPHE, a comprehensive site -wide Stormwater Plan shall be developed and
implemented. The plan must be approved, in writing by the WCDPHE or CDPHE, prior to
USR18-0116, Enerplus Resources (USA) Corporation
implementation. (Department of Public Health and Environment)
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, as applicable.
(Department of Public Health and Environment)
29. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
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. 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)
34. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
35. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
36. 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)
37. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
38. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
39. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
40. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
41. 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)
42. Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2006 International Energy Code;
2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction.. (Department of Building
Inspection)
USR18-0116, Enerplus Resources (USA) Corporation
43. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
44. 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.
45. 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.
46. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
47. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance. (Department of Public Health and Environment)
48. 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. (Department of Public Health and
Environment)
49. 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.
50. WELD COUNTY'S RIGHT TO FARM: 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
USR18-0116, Enerplus Resources (USA) Corporation
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.
USR18-0116, Enerplus Resources (USA) Corporation
February 01, 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
WELKER MICHAEL
7535 HILLTOP CIRCLE
DENVER, CO 80221
Subject: USR18-0116 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility (Central Gathering Facility to receive natural gas, produced water
and oil along with gas compression, gas processing, produced water recycling, a Salt Water Injection
Disposal Well, storage yard and field office) in the A(Agricultural) Zone District.
On parcel(s) of land described as:
SW4 SECTION 26, T8N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 5, 2019, at 12:30
p.m. Asubsequent hearing with the Board of County Commissioners will be held on March 20, 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.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
5.c.A
December 27, 2018
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
WELKER MICHAEL
7535 HILLTOP CIRCLE
DENVER, CO 80221
Subject: USR18-0116 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility (Central Gathering Facility to receive natural gas, produced water
and oil along with gas compression, gas processing, produced water recycling, a Salt Water Injection
Disposal Well, storage yard and field office) in the A(Agricultural) Zone District..
On parcel(s) of land described as:
SW4 SECTION 26, T8N, R67W 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:
Severance at Phone Number 970-686-1218
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,
(C11./I)
Chris Gathman
Planner
FIELD CHECK
inspection dates: 2/25/2019
APPLICANT: Enerplus Resources (USA) Corporation
CASE #: USR18-0116
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas
Support and Service (Central Gathering Facility to receive natural gas, produced water and
oil along with gas compression, gas processing, produced water recycling, one (1) Salt Water
Injection Disposal Well, storage yard and field office along with five (5) cargo containers and
two (2) temporary construction offices) in the A (Agricultural) Zone District.
LEGAL: SW4 of Section 26, T8N, R67W of the 61h PM, Weld County, Colorado
LOCATION: Approximately one (1) mile east of County Road 19 and approximately 1/2 mile south of
County Road 90.
PARCEL ID #s: 147110000026
ACRES: +/- 160.25 acres
Zoning
Land Use
N
A
N
Cropland
E
A
E
Cropland/Rangeland
S
A
S
Cropland/Black Hollow Reservoir
W
A
W
Cropland/Rangeland
COMMENTS:
Non -developed parcel with the exception of oil and gas production.
Chris Gathman - Planner Ill
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