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Case Number:
Applicant:
Representative:
Request:
Legal
Description: the 6'" PM, Weld County, Colorado
Location:
LAND USE APPLICATION
SUMMARY SHEET
C. Gathman Hearing Date: December 18, 2018
USR18-0106
D&C Farms, LLLP C/O Rocky Mountain Midstream, LLC/Williams Companies, Inc.
Scott Elery, Quality Check Energy Services
A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service
(Compressor Station Facility) along with a 60 -foot tall Communication Antenna and up
to five (5) construction office trailers and ten (10) conex containers for use during the
construction of the facility in the A (Agricultural) Zone District.
Subdivision Exemption SUBX18-0031; Part of the SE4 of Section 29, TIN, R67W of
West of and adjacent to County Road 17 and North of and adjacent to County Road 4.
Size of Parcel: +/- 155.7 acres
(Subdivision Exemption
Boundary: +/- 10 acres)
Parcel No. 146929000045
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:
Weld County Department of Public Health and Environment, referral dated 10/24/2018
Weld County Department of Public Works, referral dated 10/30/2018
Weld County Department of Planning Services — Floodplain, referral dated 11/5/2018
Brighton Fire Rescue District, referral dated 10/29/2018
Colorado Department of Transportation, referral dated 10/25/2018
City of Northglenn, referral dated 10/3/2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V° V° V° V° V°
Weld County Zoning Compliance, referral dated 10/3/2018
Colorado Parks and Wildlife, referral dated 10/14/2018
Weld County Sheriff's Office, referral dated 10/15/2018
RE -8 School District, referral dated 10/3/2018
City of Dacono, referral dated 10/9/2018
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Weld County Department of Building Inspection
▪ Weld County Emergency Management Office
y Thompson Ditch
y West Adams Conservation District
USR18-0106 — Rocky Mountain Midstream, LLC/Williams
Page 1
Planner:
C. Gathman
Case Number: USR18-0106
Applicant:
Representative:
Request:
Legal
Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: December 18, 2018
Rocky Mountain Midstream, LLC/Williams
Scott Elery
A Site Specific Development Plan and Use by Special Review Permit for Mineral
resource development facilities including Oil and Gas Support and Service (Compressor
Station Facility) along with a 60 -foot Communication Antenna and up to five (5)
construction office trailers and ten (10) conex containers for use during the construction
of the facility in the A (Agricultural) Zone District.
Part of the SE4 of Section 29, Ti N, R67W of the 61h PM, Weld County, Colorado
Location: West of and adjacent to County Road 17 and North of and adjacent to County Road 4.
Size of Parcel:
Case Summary:
+/- 155.7 acres
(Subdivision Exemption Bndry:
+/- 10 acres)
Parcel No. 146929000045
The applicant is proposing up to eight compressors to be covered by up to three (3) compressor buildings
(buildings will cover 150,000 square feet). In addition to the compressors, the facility will include a slug
catcher and separator, metering equipment, three (3) dehydration systems, three (3) enclosed
combusters, an MCC building, Instrument air building and slop tanks. The proposed compressor facility
will be located on a subdivision exemption parcel (SUBX18-0031) just under ten (10) acres on a 155 -acre
parcel. The facility will be unmanned. Portable toilets and bottled water will be available during
construction of the facility. The application indicates that the facility will be fenced by a seven (7) foot
fence with tan privacy slats. A landscape and screening plan has been attached as a condition of
approval for this case.
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."
USR18-0106 — Rocky Mountain Midstream, LLC/Williams
Page 2
The application materials indicate that the proposed compressor station facility will be
located inside of buildings with sound reduction features and that the ventilation systems
will be designed to minimize noise.
The proposed facility is required to submit a noise abatement plan, lighting plan, and
landscape and screening plan to address the potential noise and lighting impacts
associated with the facility.
The proposed facility is located on land delineated as "prime" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. However, the facility will
have a limited footprint as it will be located on 10 acres of the 155 -acre parcel.
Landscape and Screening, lighting and sound abatement plans will be required for this
facility to mitigate the impacts of the facility on the surrounding area.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for
Mineral Resource Development, Oil and Gas Support and Service in the A (Agricultural)
Zone District.
Section 23-3-10 — Intent states: "The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than uses Allowed by Right."
The proposed use is in an area that can support this development (it is located over 0.5
mile from the nearest residences) and the Development Standards, and the Conditions of
Approval (including requirements for landscaping and screening, lighting and noise
abatement) will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The proposed compressor station facility is located approximately 3,500 feet east, 3,400
feet west, 3,100 feet and 2,900 feet south of the nearest existing residences in the area.
The facility is surrounded by cropland in the immediate vicinity.
An e-mail from a surrounding property was received dated 10/8/2018. This e-mail
expresses concerns that the application has not shown an attempt to be compatible with
the rural agricultural nature of the area and did not explain how this proposed use is
consistent and compatible with the region. The e-mail requests that the facility be
surrounded by adequate berming to ensure that the facility meets the residential noise
standard and requests that the site be screened with trees to be more compatible with
the surrounding area. The property owner wanted to be notified if there is to be a flare
installed on this site.
The applicant held a neighborhood meeting on 6/12/2018. The notes from the meeting
indicate that the applicant will utilize on -demand lighting for walkways and equipment (the
lights will be pointed in a downward direction) and have worked with surrounding property
owners to calibrate the direction and intensity of lights. The applicant indicated at the
meeting that they would develop predictive models showing how the facility will meet
noise standards (50 db at night and 55 db at day). The buildings that enclose the
compressors will have sound reduction features and will use horizontal coolers to help
minimize noise.
A Communication Plan, Noise Abatement Plan, Lighting Plan, Landscape and Screening
Plan are required to be submitted and approved as a condition of approval of this USR.
USR18-0106 — Rocky Mountain Midstream, LLC/Williams
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D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral areas of the City of Northglenn and
City of Dacono. The City of Northglenn in their referral comments, dated 10/3/2018
indicated that the application complies with their comprehensive plan and that it may fall
within their 208 Service Area. The City of Dacono, in their referral received 10/9/2018
indicated no conflicts with their interests.
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 or the Airport Overlay
District. A portion of the property is located within the 100 -year floodplain. However, the
compressor station site is located outside of the floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 155.7 acres delineated as "Prime",
"Prime if Irrigated" and ' Other" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The approximate 10 -acre compressor site will be
located on a portion of the property delineated as "Prime". The remainder of the property
will not be impacted by this facility.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Brighton Fire Rescue District, as stated
in the referral response dated 10/29/2018. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Brighton Fire Rescue District)
B. 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)
USR18-0106 — Rocky Mountain Midstream, LLC/Williams
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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 an updated Communication Plan for review and approval by the
Department of Planning Services. The Communication Plan shall be amended to address
contact information and a process for surrounding residents to contact the operator with
questions or concerns. (Department of Planning Services)
E. The applicant shall submit a Lighting Plan incorporating the dark sky policy for review and
approval by the Department of Planning Services. (Department of Planning Services)
F. The applicant shall develop an updated Noise Mitigation Plan for review and acceptance by
the Department of Planning Services. The plan shall outline proposed design measures of
the facility to address noise and provide noise modeling data. (Department of Planning
Services)
G. The applicant shall submit a Screening/Landscape Plan that screens the site from the
Surrounding Property Owners and the right-of-way. (Department of Planning Services)
H. The applicant shall submit evidence that the conditions of approval have been met and the
Subdivision Exemption SUBX18-0031 plat has been submitted for recording. (Department
of Planning Services)
I. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0106. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
6. The map shall delineate the on -site facility lighting in accordance with Section 23-3-
250.B.6 of the Weld County Code. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
8. County Road 17 is a paved 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 on the site plan the existing 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)
9. 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)
USR18-0106 — Rocky Mountain Midstream, LLC/Williams
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10. Show and label the approved tracking control on the site plan. (Department of Public
Works)
11. 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)
12. 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)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
14. 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 plat for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The applicant shall
be responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
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)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
7. The Use by Special Review 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
USR18-0106 — Rocky Mountain Midstream, LLC/Williams
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agreement. (Department of Planning Services)
USR18-0106 — Rocky Mountain Midstream, LLC/Williams
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rocky Mountain Midstream, LLC/Williams
USR18-0106
1. A Site -Specific Development Plan and Use by Special Review Permit, USR18-0106, for Mineral
resource development facilities including Oil and Gas Support and Service (Compressor Station
Facility) along with a 60 -foot Communication Antenna and up to five (5) construction office trailers
and ten (10) conex containers for use during the construction of the facility in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. This is an unmanned facility. No full-time employees will be onsite. (Department of Planning Services)
4. The visual mitigation and screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
5. The approved Noise Mitigation Plan shall be maintained. (Department of Planning Services)
6. The approved Communications Plan shall be maintained. (Department of Planning Services)
7. The approved Lighting Plan shall be maintained in accordance with the Weld County Code.
(Department of Planning Services)
8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
9. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
10. The Property Owner shall maintain compliance with the Decommission Plan and the Communication
Plan. (Department of Planning Services)
11. Collocation of other antenna by other service providers shall be permitted on the tower as long as it
meets the security standards and policies of the operator. (Department of Planning Services)
12. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna
structure, and any associated equipment shall be removed and the premises restored to its original
condition according to the Decommissioning Plan. (Department of Planning Services)
13. 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)
14. 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)
15. 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)
16. 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)
USR18-0106 — Rocky Mountain Midstream, LLC/Williams
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17. 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)
18. 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)
19. 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)
20. 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)
21. 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)
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. 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, if applicable.
(Department of Public Health and Environment)
26. 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)
27. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
28. 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)
29. 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)
30. The property owner shall control noxious weeds on the site. (Department of Public Works)
USR18-0106 — Rocky Mountain Midstream, LLC/Williams
Page 9
31. 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)
32. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
33. 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)
34. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (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. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
38. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two
(2) 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 Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
39. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
40. 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)
41. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
42. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
43. 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)
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 Public
Health and Environment)
USR18-0106 — Rocky Mountain Midstream, LLC/Williams
Page 10
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 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.
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, 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.
USR18-0106 — Rocky Mountain Midstream, LLC/Williams
Page 11
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.
USR18-0106 — Rocky Mountain Midstream, LLC/Williams
Page 12
November 13, 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
Matthew Berghorn
540 East Bridge St Ste A
Brighton, CO 80601
Subject: USR18-0106 - A Site Specific Development Plan and Use by Special Review Permit for Mineral
resource development facilities including Oil and Gas Support and Service (Compressor Station Facility)
along with a 60 -foot Communication Antenna in the A (Agricultural) Zone District.
On parcel(s) of land described as:
SE4 SECTION 29, T1 N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 18, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 9,
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
October 02, 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
MATTHEW BERGHORN
540 EAST BRIDGE ST STE A
BRIGHTON, CO 80601
Subject: USR18-0106 - A Site Specific Development Plan and Use by Special Review Permit for Mineral
resource development facilities including Oil and Gas Support and Service (Compressor Station Facility)
along with a 60 -foot Communication Antenna in the A (Agricultural) Zone District.
On parcel(s) of land described as:
SE4 SECTION 29, T1 N, 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:
Dacono at Phone Number 303-833-2317
Northglenn at Phone Number 303-450-8709
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
5.c.A
From: Chris Galhinan
To: 5coLl Eery
Subject: FW: Compressor Station USR application deemed complete - application fee
Date: Sunday, September 30, 2018 14:43:51 AM
Dear 5coL,
I never received payment for the Broomfield Compressor - so I have not set up this application.
Perhaps to make things easier in the future — you should be listed as the applican tJagent, Mr.
Berghorn was listed as the agent and I responded directly to hire (as I do with applications}. Mr.
Berghorn can `ill out an authorization form to allow you to act on his behalf.
Regards,
Chris Gathman
Planner Ill
Weld County Department of Planning Services
1555 N. 17`h Avenue
rel: 970-400-3537
fox: 970-400-4098
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents o` this communication or any attachments by anyone other than the named recipient is
strictly prohibited_
From: Chris Gath man
Sent: Friday, August 31, 2018 11:07 AM
To: 'Matthew Berghorn' <MBerghorn trod iscoverymidstream.com>
Subject: Compressor Station USR application deemed complete - application fee
Dear Matt,
Staff has reviewed the USR application and have determined it to be complete. The one item as was
not able to track down — was the payment for the USR application for the Subdivision Exemption
Application. Once payment is received — we will proceed with setting up these cases,
Regards,
Chris Gathman
Planner ill
Weld County Department of Planning Services
1555 N. 17th Avenue
tel: 970-400-.35J 7
fax: 970-400-4098
Confidential Iry Notice? This electronic transmission and any attached documents or other writings
are Intended only for the person or entity :a which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication In error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking o₹ any action concerning the
contents this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
FIELD CHECK
Inspection Date: 12/7/2018
CASE NUMBER: USR18-0106
APPLICANT: D&C Farms, LLLP C/O Rocky Mountain Midstream, LLC/Williams Companies,
Inc.
LEGAL DESCRIPTION: Subdivision Exemption SUBX18-0031; Part of the SE4 of Section 29, TIN, R67W
of the 6'h PM, Weld County, Colorado
LOCATION:
West of and adjacent to County Road 17 and North of and adjacent to County
Road 4.
Zoning
Land Use
N
A (Agricultural)
N
Cropland
E
A (Agricultural)
E
Cropland
S
A (Agricultural)
S
Cropland (SF residence approx. 1,800
feet to south)
W
A (Agricultural)
W
Cropland
COMMENTS:
Site is on cropland. Oil and Gas production facility is located immediately to the south.
Chris Gathman, Planner
Hello