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HomeMy WebLinkAbout20191735.tiffPlanner: Case Number: Applicant: Representative: Request: LAND USE APPLICATION SUMMARY SHEET Kim Ogle USR19-0004 Gabel Cattle, LLC, P.O. Box 717, Galeton, CO 80622-0717 do Cureton Front Range, LLC, 518 171h Street, Suite 1405, Denver CO 80202 Hearing Date: April 16, 2019 Jody Glennon, Olsson, 1525 Raleigh Street, Suite 400, Denver, CO 80204 A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility to include a 20 -million standard cubic foot per day (MMscfd) train, a 60- MMscfd train, a 200-MMscfd train, and a 60-MMscfd compressor station; a 5 -MV substation; one (1) communication tower up to 70 -feet in height; Transloading and up to twelve (12) temporary construction trailers; and up to six (6) temporary (during construction) Conex containers in the A (Agricultural) Zone District (Hookside Gas Plant and Compressor Station Facility). Legal S2 of Section 30 Township 9 North, Range 60 West of the 61h P.M., Weld County Description: Colorado Location: North of and adjacent to County Road 100; west of and adjacent to County Road 99 Section Line Size of Parcel: +/- 316 acres Parcel No. 0467-30-0-00-002 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. ➢ Weld County Department of Public Health and Environment, referral February 19, 2019 ▪ Colorado Division of Water Resources, referral dated February 22, 2019 ▪ Colorado Department of Public Health and Environment, referral dated February 23, 2019 ▪ Weld County Department of Public Works, referral dated February 27, 2019 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ▪ Weld County Zoning Compliance, referral January 29, 2019 y Weld County Sheriff's Office, referral dated February 21, 2019 y United States Forest Service — Pawnee National Grasslands, email referral dated March 22, 2019 The Department of Planning Services' staff has not received responses from the following agencies: V V V V V History Colorado Colorado Parks and Wildlife Pawnee Fire Protection District West Greeley Conservation District Weld County Department of Public Safety Wireless Communication Manager Farm Services Agency — Conservation Reserve Program Southern Star /Williams Pipeline Company Bison Oil & Gas Company USR19-0004 Cureton Front Range, LLC Hookside Gas Plant and Compressor Station Facility Page 1 Planner: Case Number: Applicant: Representative: Request: Legal Description: Location: Size of Parcel: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Kim Ogle USR19-0004 Gabel Cattle, LLC, P.O. Box 717, Galeton, CO 80622-0717 do Cureton Front Range, LLC, 518 17' Street, Suite 1405, Denver CO 80202 Hearing Date: April 16, 2019 Jody Glennon, Olsson, 1525 Raleigh Street, Suite 400, Denver, CO 80204 A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility to include a 20 -million standard cubic foot per day (MMscfd) train, a 60-MMscfd train, a 200-MMscfd train, and a 60-MMscfd compressor station; a 5 -MV substation; one (1) communication tower up to 70 -feet in height; Transloading and up to twelve (12) temporary construction trailers; and up to six (6) temporary (during construction) Conex containers in the A (Agricultural) Zone District (Hookside Gas Plant and Compressor Station Facility). S2 of Section 30 Township 9 North, Range 60 West of the 6'" P.M., Weld County Colorado North of and adjacent to County Road 100; west of and adjacent to County Road 99 Section Line 316 Acres +/- Parcel No. 0467-30-0-00-002 Case Summary: Cureton Front Range, LLC proposes to construct three cryogenic plant trains: (1) a 20 -million standard cubic foot per day (MMscfd) train, (2) a 60-MMscfd train, and (3) a 200-MMscfd train, and a 60-MMscfd compressor station to support existing and future development of mineral resources in the area. Gas collected from nearby wells will be treated and cooled on site. Natural Gas Liquids (NGLs) will be removed from the site via pipeline or by truck. The cryogenic and compressor facility equipment will be at up to two stories in height, the plant flare at an approximate height of 130 feet, the cryogenic tower at an approximate height of 120 feet, the stabilizer tower at an approximate height of 60 feet, and the molecular sieve units at approximate heights of 30 feet. The communication tower will be constructed to a height not to exceed 70 -feet from natural grade. The facility will be constructed in four phases. Phase 1 will be an unmanned facility; Phase 2 will employ up to 10 employees at the facility for any 24 -hour period. Phase 3 will employ up to 17 persons for any 24 - hour period; and Phase 4, or full buildout will employ up to 23 employees for any 24 -hour period. The plant will operate 24 hours a day, 7 days a week, year-round. An engineered onsite waste water treatment system and a commercial well will be permitted and constructed for drinking and sanitary purposes at the proposed facility when it is a manned facility. USR19-0004 Cureton Front Range, LLC Hookside Gas Plant and Compressor Station Facility Page 2 Also, a Lighting Plan demonstrating compliance with the Weld County Code for walkways and as required by emergency maintenance, maintenance requiring a plant -wide shut down, and as other emergencies demand. An Emergency Action Plan with the Fire District, emergency responders and Weld County Sheriff's offices is also required. An air permit has been filed with the Colorado Air Pollution Control Division and will be a condition of approval should the land use permit be approved. 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 22-2-80.F. (.Goal 5. states "Minimize the incompatibilities that occur between industrial uses and surrounding properties." The facility is located on the 316 +/- acre parcel with all equipment fenced and gated. The proposed facility will not result in a substantial adverse impact on the other property in the vicinity of the subject property. The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties are generally large dryland agricultural lots with oil and gas encumbrances. There are two residences located to the west, Krier at 2.5 miles and Mendoza at 2.14 miles from the residence to the west property line of the facility. There are three residences located to the north, Gable Land & Cattle at 0.89 miles, Nelson at 1.6 miles and Rohn at 1.95 miles from their respective residence to the north property line. To the east there are a several residences located in Keota Townsite with the Bashor residence located 3.53 miles to the east property line. No residential structures were identified to the south of the proposed facility. The proposed Development Standards address lighting, screening, noise standards, access and tracking control. The Department of Planning Services has not received any comments from the surrounding property owners or other interested persons regarding the proposed modification. 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. The proposed use is in an area that can support this development. The proposed 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. USR19-0004 Cureton Front Range, LLC Hookside Gas Plant and Compressor Station Facility Page 3 B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Citing the Weld County Code, Chapter 23, Article III, Division 1, Section 23-3-40.A.2 provides for a Site Specific Development Plan and Special Review Permit for Mineral Resource Development facilities, Oil and Gas Support and Service, Natural gas processing facilities, related equipment and structures, including storage yards, Section 23-3-40.A.7 allows for Transloading, and Chapter 23, Article IV, Division 10, Section 23-3-40.L allows for an up to 70 -foot in height Telecommunication Antenna Tower in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The existing site is surrounded by dryland pasture grasses with oil and gas encumbrances. There are limited rural residences in the immediate area. Cureton Front Range, LLC is committed to mitigating potential off -site transient lighting and noise impacts generated by this facility and will through a combination of equipment and engineering measures maintain and comply with the applicable noise standard for the proposed Hookside Gas Plant and Compressor Station Facility. Once the construction is completed, the disturbed area will be replanted with native grasses compliant with the Weld County seed mix requirements. There are four Special Use Permits within two miles of the proposed facility. To the west is USR-13- 0018 for the Sterling Energy Gas Plant; SUP -333 for a 345 kV Transmission Line, and USR-992 and SUP -262 for open pit mining. To the north is the Southern Star/Williams Energy Company FERC permitted pipeline. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within the three (3) mile referral area of an incorporated municipality or a County. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is not in a Floodplain or a Geologic hazard area, the MS4 area or Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, 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 gas plant and compressor station facility will be located on approximately 114 acres of "High Potential Dry Cropland — Prime if they become Irrigated" and approximately 202 acres of "Prime if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There is no irrigation water associated with the parcel and therefore the property owner will not be taking any prime agricultural land out of production. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. USR19-0004 Cureton Front Range, LLC Hookside Gas Plant and Compressor Station Facility Page 4 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 USR map: A. An Improvements and 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. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (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 develop a Lighting Plan for review and acceptance in accordance with Section 23-9-40 and Section 23-2-250 of the Weld County Code. (Department of Planning Services) D. The applicant shall develop a Decommissioning Plan for review and acceptance by the Department of Planning Services. (Department of Planning Services) E. The applicant shall develop a sign plan for review and approval in compliance with Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code to the Department of Planning Services for review and approval. (Department of Planning Services) F. The applicant shall attempt to address the concerns of the Colorado Department of Public Health and Environment as stated in their referral dated February 21, 2019. (Colorado Department of Public Health and Environment) G. Prior to Recording the USR Map, the map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR19-0004 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate 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. County Road 99 Section Line is shown to have 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 99 Section Line Right -Of -Way, not County maintained." All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) USR19-0004 Cureton Front Range, LLC Hookside Gas Plant and Compressor Station Facility Page 5 6. 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) 7. County Road 100 is a gravel road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing and future right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 8. Show and label the approved tracking control on the site plan. (Department of Public Works) 9. 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) 10. 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) 11. Show and label the drainage flow arrows. (Department of Public Works) 12. Show and label the parking. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. (Department of Planning Services) 4. 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 the issuance of the Certificate of Occupancy: A. An engineered onsite waste water treatment system and a commercial well will be permitted and constructed for drinking and sanitary purposes at the proposed facility. (Department of Public Health and Environment) USR19-0004 Cureton Front Range, LLC Hookside Gas Plant and Compressor Station Facility Page 6 7. 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) 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 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) USR19-0004 Cureton Front Range, LLC Hookside Gas Plant and Compressor Station Facility Page 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Cureton Front Range LLC Hookside Gas Plant and Compressor Station Facility USR19-0004 1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0004, for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility to include a 20 -million standard cubic foot per day (MMscfd) train, a 60-MMscfd train, a 200-MMscfd train, and a 60-MMscfd compressor station; a 5 -MV substation; one (1) communication tower up to 70 -feet in height; Transloading and up to twelve (12) temporary construction trailers; and up to six (6) temporary (during construction) Conex containers in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 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 days a week as stated in the application. (Department of Planning Services) 4. The number of full-time employees at buildout is twenty-three (23), as stated in the application. (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 applicant shall maintain compliance with the approved Lighting Plan. (Department of Planning Services) 7. The applicant shall maintain compliance with the approved Decommissioning 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. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 10. The owner of the communication tower shall allow co -location by other telecommunication providers as long as the owners security protocols can be met. (Department of Planning Services) 12. 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) USR19-0004 Cureton Front Range, LLC Hookside Gas Plant and Compressor Station Facility Page 8 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, 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) 17. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, ,once the facility is a manned facility (i.e., Phase 2 and beyond). 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) 18. 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) 19. 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) 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 Rules and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. (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) USR19-0004 Cureton Front Range, LLC Hookside Gas Plant and Compressor Station Facility Page 9 24. 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) 25. 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) 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 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) 30. 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) 31. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 32. 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) 33. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 34. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 35. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 36. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 37. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2018 International Codes; 2006 International Energy Code; 2017 National Electrical Code; A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 38. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Department of Planning) 39. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Department of Planning) USR19-0004 Cureton Front Range, LLC Hookside Gas Plant and Compressor Station Facility Page 10 40 The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 41. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 42. 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) 43. The 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) 44. 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 Planning Services) 45 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 persons 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. 46. 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, USR19-0004 Cureton Front Range, LLC Hookside Gas Plant and Compressor Station Facility Page 11 including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR19-0004 Cureton Front Range, LLC Hookside Gas Plant and Compressor Station Facility Page 12 March 18, 2019 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 GLENNON JODY ENVIRONMENTAL PLANNING & PERMITTING 1525 RALEIGH ST STE 400 DENVER, CO 80204 Subject: USR19-0004 - A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility to include a 20 -million standard cubic foot per day (MMscfd) train, a 60-MMscfd train, a 200-MMscfd train, and a 60-MMscfd compressor station; a 5 -MV substation; one (1) communication tower up to 70 -feet in height; Transloading and up to 12 temporary construction trailers; and up to 6 temporary (during construction) Conex containers in the A (Agricultural) Zone District (Hookside Gas Plant). On parcel(s) of land described as: S2 SECTION 30, T9N, R60W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 16, 2019, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on May 15, 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.org Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, Kim Ogl Planner January 29, 2019 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 JODY GLENNON Environmental Planning & Permitting 1525 RALEIGH STREET, SUITE 400 DENVER, CO 80204 Subject: USR19-0004 - A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility to include a 20 -million standard cubic foot per day (MMscfd) train, a 60-MMscfd train, a 200-MMscfd train, and a 60-MMscfd compressor station; a 5 -MV substation; one (1) communication tower up to 70 -feet in height; up to 12 temporary construction trailers; and up to 6 temporary (during construction) Conex containers in the A (Agricultural) Zone District (Hookside Gas Plant). On parcel(s) of land described as: 3288 S2 SECTION 30 T9N R60W 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. If you have any questions concerning this matter, please call. Respectfully, Kim le Planner FIELD CHECK -- USRI9-0004 Inspection Date: March 12, 2019 Applicant: Gabel Cattle. LLC c/o Cureton Front Range LLC 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 Processing facility to include a 20 -million standard cubic foot per day (MMscfd) train, a 60-MMscfd train, a 200- MMscfd train, and a 60-MMscfd compressor station; a 5 -MV substation; one (1) communication tower up to 70 -feet in height; Transloading and up to twelve (12) temporary construction trailers; and up to six (6) temporary (during construction) Conex containers in the A (Agricultural) Zone District (Hookside Gas Plant and Compressor Station Facility).. Legal: S2 of Section 30 Township 9 North, Range 60 West of the 6th P.M., Weld County Colorado Location: North of and adjacent to County Road 100; west of and adjacent to County Road 99 Section Line Parcel ID #: 0467-30-0-00-002 Acres: 316 +/- Zoning Land Use N AGRICULTURE N Range land with subsurface pipelines, above ground oil/gas a urtenances, valve sets with i s are fenced E AGRICULTURE E Range land with subsurface pipelines, above ground oil/gas appurtenances, valve sets with pigs are fenced S AGRICULTURE S Range land with subsurface pipelines, above ground oil/gas appurtenances, valve sets with pigs are fenced W AGRICULTURE W Range land with subsurface pipelines, above ground oil/gas a urtenances, valve sets with i s are fenced Comments: The property is located off County Road 100 an all-weather road gravel road. The property is flanked by cattle guards at each end of the half section. The existing site is surrounded by dryland pasture grasses with oil and gas encumbrances. There are limited rural residences in the immediate area. There are two residences located to the west. There are three residences located to the north and to the east there are a several residences located in Keota Townsite. No residential structures were identified to the south of the proposed facility. There are four Special Use Permits within two miles of the proposed facility. To the west is USR-13-0018 for the Sterling Energy Gas Plant; SUP -333 for a 345 kV Transmission Line, and USR-992 and SUP -262 for Open pit. mining. The Southern StarMfilliams Energy Company FERC permitted pipeline crosses the pro ry.,7 Signatu#e ❑ House(s) ❑ Outbuilding(s) ❑ Access to Property ❑ Crop Productions d Site Distance ❑ Mobile Home(s) ❑ Other Animals On -Site Water Bodies ❑ Ditch o Derelict Vehicles ❑ Non-commercial junkyard (list components) ❑ Irrigation Sprinkler ❑ Crops o Wetlands Cil & Gas Structures o Wildlife ❑ Utilities On -Site (transmission lines) o Topography Note any commercial business/commercial vehicles that are operating from the site. — Vacant Land Hello