The URL can be used to link to this page

Browse Search

Home My WebLink About20191750.tiffPlanner: Case Number: Applicant: Representative: Request: Legal Description: LAND USE APPLICATION SUMMARY SHEET Maxwell Nader Hearing Date: April 16, 2019 USR19-0012 Michael Boulter Farms LLC, 22019 CR 54, Greeley, CO 80634 Rocky Mountain Midstream LLC do Scott Elery, 1 Williams Center, Tulsa OK 74172 A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (8 gas compressors and related equipment) and up to 10 construction office trailers and 10 Conex containers for use during the construction of the facility in the A (Agricultural) Zone District. Subdivision Exemption SUBX19-0002; being a part of the S2NE4 of Section 27, Township 5, Range 65 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 45; approximately a quarter of a mile south of County Road 54 Parcel Size: +1- 10 acres Parcel No. 0961-27-0-00-060 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 Works, referral dated February 25, 2019 State of Colorado, Division of Water Resources, referral dated January 30, 2019 Colorado Department of Public Health and Environment, referral dated February 13, 2019 Weld County Department of Public Health and Environment, referral dated February 14, 2019 The Department of Planning Services' staff has received referral responses without comments from the following agencies: City of Evans, referral dated February 21, 2019 Town of Kersey, referral dated January 25, 2019 Union Ditch Company, referral dated February 22, 2019 Greeley -Weld County Airport, referral dated January 30, 2019 Weld County Sherriff's Office, referral dated February 21, 2019 Weld County Zoning Compliance, referral dated January 25, 2019 West Greeley Conservation District, referral dated February 11, 2019 Colorado Division of Parks and Wildlife, referral dated January 28, 2019 Public Safety Wireless Communications, referral dated February 19, 2019 USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 1 of 13 The Department of Planning Services' staff has not received responses from the following agencies: Noble Energy, Inc Lower Latham Ditch Company La Salle Fire Protection District Weld County School District RE -6 Oil and Gas Conservation Commission Weld County Department of Building Inspection Weld County Office of Emergency Management USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 2 of 13 Planner: Case Number: Applicant: Representative: Request: Legal Description: Location: Parcel Size: Case Summary: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Maxwell Nader Hearing Date: April 16, 2019 USR19-0012 Michael Boulter Farms LLC, 22019 CR 54, Greeley, CO 80634 Rocky Mountain Midstream LLC clo Scott Elery, 1 Williams Center, Tulsa OK 74172 A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (8 gas compressors and related equipment) and up to 10 construction office trailers and 10 Conex containers for use during the construction of the facility in the A (Agricultural) Zone District. Subdivision Exemption SUEX19-0002; being a part of the S2NE4 of Section 27, Township 5, Range 65 West of the 6th P.M., Weld County, Colorado West of and adjacent to County Road 45; approximately a quarter of a mile south of County Road 54 +1- 10 acres Parcel No. 0961-27-0-00-060 Rocky Mountain Midstream, LLC is in the process of expanding operations in Weld County, Colorado. The expansion project will include adding eight (8) compressors and interconnecting pipelhes for the purpose of gathering raw natural gas and preparing it for compression and insertion into commercial sales pipelines. This application only addresses the Latham Compressor Station. Additional USR permit applications will be submitted for any future compressor stations, gas processing plants, and pipelines. The unmanned compressor station will be located on a ten (1 Q) acre temporary lease hold parcel developed for the facility (SUBX19-0002). Approximately four (4) acres will be disturbed of the ten (10) acres. The facility will be fully fenced and the pad and laydown yard inside the fence will be graveled. The area outside the fence will be re -vegetated with native grasses. The site will also contain two (2) small motor control center (MCC) buildings, a sixty (60) foot communication antenna, a slug catcher and one (1) permanent conex container after construction and other associated equipment to aid in transportation of natural gas. The compressor station will be connected into the Greeley Directional and Ardey pipelines moving natural gas to the Fort Lupton Gas Plant (USR17-0059) and Keenesburg Gas Plant. DEPARTMENT OF PLA NNIN G 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: USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 3 of 13 A. Section 23-2-22O.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20. G.2. A.Policy 7.2 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 land that Rocky Mountain Midstream, LLC is proposing to convert to industrial use is located in a rural area with significant oil and gas activity already occurring on adjacent properties. Section 22-2-20. G.2. A.Policy 7.3. states "Conversion of agricultural land to urban residential, commercial and industrial uses should be considered when the subject site is located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or Urban Development Nodes, or where adequate services are currently available or reasonably obtainable. A municipality's adopted comprehensive plan should be considered, but should not determine the appropriateness of such conversion." The proposed site is located in the City of Evans and Town of Kersey's Coordinated Planning Agreement (CPA). Both municipalities were sent referrals regarding the proposed use and neither municipality had any concerns. Section 22-2-20.1 A.Goal 9. states "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." The site will house eight (8) compressors which will be enclosed to suppress noise. The compressors will also utilize horizontal coolers that will direct the noise vertically instead of horizontally. These measures help mitigate the noise of the site and keep the rural nature of the area. Section 22-2-20. 1.3 A.Policy 9.3. Consider mitigation techniques to address incompatibility issues. Encourage techniques and incentives, such as but not limited to clustered development and building envelopes, to minimize impacts on surrounding agricultural land. The proposed facility is located on land being converted to an industrial use which is currently "Prime (Irrigated) Farmlands of National Importance" per the 1979 map. A Subdivision Exemption for Oil and Gas Support Service Facility is in conjunction with the Use by Special Review permit to ensure that only a minimal amount of "Prime (Irrigated) Farmland" is affected by this use. Additionally, upon termination of the leasehold arrangement; the lot and access shall cease to exist. This will help retain the natural state of the land prior to the oil and gas site. Section 22-5-100.A. (OG.Goal 1.) states " Promote the reasonable and orderly exploration and development of oil and gas mineral resources." The proposed Latham Compressor Station site is located in a sparsely populated area of the County where there is already a significant amount of oil and gas development. The site will utilize piping to bring gas to the facility, thereby limiting truck traffic on area roads. While construction of the site will generate some impacts because of the extra activity and trips to the site, once the facility is constructed, the site and the impacts on the surrounding land will be minimal. USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 4 of 13 Oil and gas development in the County is an integral part of the County economy and has a substantial direct and indirect impact on current and future land use. Oil and gas development is cyclical, but the economics of energy suggests sustained levels of exploration and extraction in the County for the next twenty (20) years. The proposed Latham Compressor Station site is located 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. 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 and Special Review Permit for Mineral Resource Development facilities, Oil and Gas Support and Service, Natural gas processing facilities, related equipment and structures in the A (Agricultural) Zone District. Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses. The A (Agricultural) Zone District is also intended to provide areas for the conduct of uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right. The A (Agricultural) Zone District regulations are established to promote the health, safety and general welfare of the present and future residents of the County. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The uses surrounding this parcel are primarily rural residential and open farmland with numerous oil and gas facilities, well heads and tank batteries. There are currently wells producing or being drilled within one (1) mile of the lease parcel. Lands to the north include a producing oil and gas site, rural residences and open farm land. Lands to the east include a current oil and gas drilling site, rural residences and open farm land. Lands to the south include an oil and gas service yard permitted by 2MUSR16-84-602, rural residences and open farm land. Lands to the west include an oil and gas drilling site, rural residences and open farm land. The Weld County Department of Planning Services sent notice to thirteen (13) surrounding property owners within five -hundred (500) feet. No responses were received back from surrounding property owners regarding the proposed application. 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 a three (3) mile referral area of the Cities of Greeley and Evans and the Towns of Kersey and La Salle. All four municipalities indicated they had no concerns. USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 5 of 13 The site is located within the City of Evans and Town of Kersey's Intergovernmental Agreement Area (IGA). As part of the pre -application process, Evans and Kersey submitted a signed Notice of Inquiry form that stated they are not interested in annexation at this time. 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 located within the Airport Overlay District who indicated no concerns in their referral response dated January 20, 2019. The property is not within the Flood Hazard overlay district area, Geologic Hazard area or MS4 area. 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 10 acres of "Prime (Irrigated) Farmland" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This proposed facility will be located on a single leasehold parcel secured through a Subdivision Exemption for oil and gas support and service. Minimal agricultural land will be impacted. The land will revert to open, agricultural land following the decommission of the 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. 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) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) C The applicant shall submit 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) USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 6 of 13 D. The applicant shall submit a Screening Plan that screens the site from the surrounding property owners and rights -of -way for review and approval by the Department of Planning Services. The facility shall be screened by a solid opaque fence, a combination of a fence and landscaping. If landscaping is proposed, an irrigation and landscaping maintenance plan shall be provided. (Department of Planning Services) E. The applicant shall provide an updated Noise Abatement Plan. The Noise Abatement Plan shall include noise modeling for the facility in its buildout condition. (Department of Planning Services) F The SUBX19-0002 plat shall be submitted to the Department of Planning Services for recording (Department of Planning Services) G. The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR19-0012 (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) 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 approved screening. (Department of Planning Services) 6. The map shall delineate the lighting. (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 45 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. 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) 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) USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 7 of 13 12. Show and label a 30 -foot minimum access and utility easement to provide legal access to the parcel on the site plan. (Department of Public Works) 13. 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) 14. Show and label the drainage flow arrows. (Department of Public Works) 15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or 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) 5. Prior to Construction: Q. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 6. Prior to Operation: Q. 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 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) USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 8 of 13 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Rocky Mountain Midstream, LLC Latham Compressor Station USR19- ►012 1. A Site Specific Development Plan and Use by Special Review Permit, USR19-00►12, for Mineral Resource Development Facilities including Oil and Gas Support and Service (8 gas compressors and related equipment) and up to 10 construction office trailers and 10 Conex containers for use during the construction of the facility in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services) 4. This is an unmanned facility. (Department of Planning Services) 5. The applicant or operator shall comply with the approved Decommissioning Plan. (Department of Planning Services) 6. The applicant or operator shall comply with the approved Noise Mitigation Plan. (Department of Planning Services) 7. The applicant or operator shall comply with the approved Communications Plan. (Department of Planning Services) 8. The applicant or operator shall comply with the approved Lighting Plan. (Department of Planning Services) 9. The parking area on the site shall be maintained. (Department of Planning Services) 10. 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) 11. The Landscape and screening on the site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 12. 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) 13. Collocation of other antenna by other service providers shall be permitted on the tower. (Department of Planning Services) 14. 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) 15. 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 USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 9 of 13 and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 16. This site is located within the Airport Overlay District. (Department of Planning Services) 17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and the Environment) 18. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S. (Department of Public Health and the Environment) 19. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and the Environment) 20. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and the Environment) 21. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and the Environment) 22. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent residential properties. (Department of Public Health and the Environment) 23. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and the Environment) 24. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and the Environment) 25. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and the Environment) 26. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. All spills will be reported to local, state and federal agencies in accordance with all state and federal regulations. (Department of Public Health and the Environment) 27. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25 12 103 C.R.S. (Department of Public Health and the Environment) USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 10 of 13 28. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, if applicable. (Department of Public Health and the Environment) 29. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on site or as applicable. (Department of Public Health and the Environment) 30. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and the 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 the 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 the 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 off -site 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 Road Maintenance Agreement. (Department of Public Works) 38. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 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. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 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. 43. 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 USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 11 of 13 Development Standards are permitted. Any other changes shall be filed in the office of the 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. 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 USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 12 of 13 their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR19-0012 Rocky Mountain Midstream, LLC — Latham Compressor Station Page 13 of 13 March 18, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mnader@weldgov.com PHONE: (970) 400-400-3527 FAX: (970) 304-6498 ELERY SCOTT 1 WILLIAMS CENTER TULSA, OK 74172 Subject: USR19-0012 - A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (8 gas compressors and related equipment) and up to 10 construction office trailers and 10 conex containers for use during the construction of the facility in the A (Agricultural) Zone District. On parcel(s) of land described as: PART N2SE4 & S2NE4 SECTION 27, T5N, R65W 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.weldcountyplanninqcases.orq If you have any questions concerning this matter, please call. Respectfully, Maxwell Nader Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mnader@weldgov.com PHONE: (970) 400-400-3527 FAX: (970) 304-6498 January 25, 2019 ELERY SCOTT 1 WILLIAMS CENTER TULSA, OK 74172 Subject: USR19-0012 - A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (8 gas compressors and related equipment) and up to 10 construction office trailers and 10 conex containers for use during the construction of the facility in the A (Agricultural) Zone District. On parcel(s) of land described as: PART S2NW4 SECTION 27, T5N, R65W LOT B REC EXEMPT RE -4971 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: Evans at Phone Number 970-475-1170 Kersey at Phone Number 970-353-1681 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, / // • 1-' ' Maxwell Nader Planner FIELD CHECK Inspection date: April 1, 2019 CASE NUMBER: APPLICANT: REPRESENTATIVE: LEGAL DESCRIPTION: LOCATION: USR19-0012 Michael Boulter Farms LLC, 22019 CR 54, Greeley, CO 80634 Rocky Mountain Midstream LLC c/o Scott Elery, 1 Williams Center, Tulsa OK 74172 Subdivision Exemption SUBX19-0002; being a part of the S2NE4 of Section 27, Township 5, Range 65 West of the 6th P.M., Weld County, Colorado West of and adjacent to County Road 45; approximately a quarter of a mile south of County Road 54 Zoning Land Use N A (Agricultural) N Agricultural / Farmland / Rural Residential E A (Agricultural) E Agricultural / Farmland / Rural Residential S A (Agricultural) S Agricultural / Farmland / Rural Residential W A (Agricultural) W Agricultural / Farmland / Rural Residential COMMENTS: The SUBX lot is located on the western portion of the lot. A sign was posted at the proposed access point which is located on CR 43 and on eastern property which is west of and adjacent to CR 45. The property that the SUBX lot is located on is open farmland that currently has no residences. Maxwell Nader, Planner I 04/01/2019 Hello