HomeMy WebLinkAbout20191336Planner:
C. Gathman
Case Number: USR18-0129
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: March 19, 2019
Rocky Mountain Midstream LLC
1 Williams Center, Tulsa, Oklahoma 74172
Matthew Hastings
A Site Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support and Service Facility (Compressor Station Facility) along with no more
than nine (9) construction trailers and conex storage containers to be utilized
temporarily during construction of the facility in the A(Agricultural) Zone District.
Lot A of Recorded Exemption RECX19-0013; located in Part of the NE4 of Section
26, T5N, R65W of the 6'h PM, Weld County, Colorado
Approximately 1,600 feet south of County Road 54 and approximately 2,000 feet
west of County Road 47.
Size of Parcel: +/- 10 acres Parcel No. 096126000010
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
F Weld County Department of Public Works, referral dated 2/25/2019
y Weld County Department of Public Health and Environment, referral dated 2/11/2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
"t/ "t/ "t/ "t/ "t/ "t/ "t/ "t/
Weld County Zoning Compliance, referral dated 1/23/2019
Greeley -Weld County Airport Authority, referral dated 1/22/2019
Colorado Parks and Wildlife, referral dated 1/21/2017
Colorado Department of Transportation, referral dated 1/24/2019
Union Ditch, referral dated 2/19/2019
Weld County Wireless Communication Manager, referral dated 1/21/2019
Weld County Department of Public Works MS -4, referral dated 2/20/2019
City of Greeley, electronic mail referral dated 3/6/2019
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Weld County Building Inspection
▪ Weld County Department of Building Inspection
y Colorado Oil and Gas Conservation Commission
▪ LaSalle Fire Protection District
y Noble Energy
USR18-0129, Rocky Mountain Midstream, LLC
➢ Union Pacific Railroad
y Greeley Soil Conservation District
y School District RE -6
y City of Evans
y Town of Kersey
USR18-0129, Rocky Mountain Midstream, LLC
Planner:
C. Gathman
Case Number: USR18-0129
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: March 19, 2019
Rocky Mountain Midstream LLC
1 Williams Center, Tulsa, Oklahoma 74172
Matthew Hastings
A Site Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support and Service Facility (Compressor Station Facility) along with no more
than nine (9) construction trailers and conex storage containers to be utilized
temporarily during construction of the facility in the A(Agricultural) Zone District.
Lot A of Recorded Exemption RECX19-0013; located in Part of the NE4 of Section
26, T5N, R65W of the 6'h PM, Weld County
Approximately 1,600 feet south of County Road 54 and approximately 2,000 feet west
of County Road 47.
+1- 10 acres Parcel No. 096126000010
The applicant proposes to construct a compressor facility that includes up to eight (8) compressors, a
slug catcher, metering, metering, dehydration, an enclosed combustor, up to two (2) MCC buildings, a
fuel gas skid, small tanks, pump skid, vapor recovery unit, instrument air building and one (1) antenna up
to sixty (60) feet in height. The facility is proposed to operate 24 hours a day, 365 days a year. The
applicant is proposing to place the facility on a 10 -acre recorded exemption parcel (being applied for in
conjunction with this application) and the disturbed area will be approximately 4 acres per the application.
Bottled water will be provided during construction and a portable toilet will be provided. The applicant is
proposing to fence the facility with a chain -link fence with desert tan privacy slats with a minimum of 80%
opacity.
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 22-2-20. 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"
USR18-0129, Rocky Mountain Midstream, LLC
The land that Rocky Mountain Midstream, LLC is proposing to convert to industrial use is
located in a rural area where there is a significant amount of oil and gas activity already is
occurring on adjacent properties. Conditions of approval and Development Standards
(including noise standards and lighting standards) will ensure compatibility with the region
as well.
Section 22-5-100.A. (OG.Goal 1.) states " Promote the reasonable and orderly exploration
and development of oil and gas mineral resources."
Rocky Mountain Midstream LLC is proposing to expand operations in Weld County. Rocky
Mountain Midstream is a business that is in the midstream segment of the natural gas
industry. As part of its business, Rocky Mountain Midstream gathers raw natural gas via
pipelines for processing and transmits final products to customers via pipelines. In Weld
County, Rocky Mountain Midstream operates an expanding network of gathering pipelines
and compressor facilities. The DJ Basin area has seen rapid expansion as new drilling
technologies are allowing more oil and gas to be produced. As a result, gas gathering and
processing capacity needs to be expanded in order to meet the growing production. This
proposed compressor station facility will connect to the Greeley Directional and Ardey
pipelines that connect to the Fort Lupton Gas Plant (USR17-0059) and Keenesburg Gas
Plant.
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development Standards ensure
that there are adequate provisions for the protection of the health, safety and welfare of
the inhabitants of the neighborhood and County and will address and mitigate impacts on
the surrounding area due to the construction of this facility.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for
Mineral Resource Development, Oil and Gas Support and Service as a Use by Special
Review in the A (Agricultural) Zone District.
Agriculture in the County is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business, industrial and
residential land uses. The A (Agricultural) Zone District is established to maintain and
promote agriculture as an essential feature of the County. The A (Agricultural) Zone
District is intended to provide areas for the conduct of agricultural activities and activities
related to agriculture and agricultural production without the interference of other,
incompatible land uses. The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right. The A
(Agricultural) Zone District regulations are established to promote the health, safety and
general welfare of the present and future residents of the County.
Conditions of approval and development standards (screening, lighting, noise abatement
plan) will address impacts associated with this use.
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 site is located
approximately 1,700 feet from the nearest residences. An existing oil and gas support
facility (USR15-0063— Storage of oil and gas pipe and equipment) is located approximately
2,000 feet to the east. Existing oil and gas tank batteries are located approximately 1,200
feet to the east as well. The nearest residences are located approximately 0.25 to 0.5 miles
to the north and east of the proposed compressor station facility.
No phone calls or correspondence has been received from surrounding property owners
in regards to this case.
USR18-0129, Rocky Mountain Midstream, LLC
A Noise Abatement Plan, Lighting Plan and Screening Plan are required as a condition of
approval of this USR.
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 Greeley, City of
Evans and Town of Kersey. The proposed facility is also located within the Cooperative
Planning Agreement (IGA) boundaries of the City of Evans and the Town of Kersey. Prior
to acceptance of the application, this application was referred to the City of Evans and
Town of Kersey. Both Evans and Kersey indicated that they did not wish to annex the site
in their responses dated 1/15/2019. The City of Greeley in their referral comments, dated
3/6/2019 indicated that they have no concerns. No referral response has been received
from either the City of Evans or Town of Kersey.
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 a Special Flood Hazard
Area. The property is located in the Airport Overlay District. The Greeley -Weld County
Airport indicated no comments in their referral dated 1/22/2019.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program and 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 delineated as "Irrigated Land
(Non -Prime)" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map.
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 plat:
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)
USR18-0129, Rocky Mountain Midstream, LLC
C. 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)
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 RECX19-0013 plat shall be submitted to the Department of Planning Services for
recording. (Department of Planning Services)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0129 (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 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 47 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 and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-
of-way. This road is maintained by Weld County. (Department of Public Works)
9. County Road 54 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 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)
10. Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public
Works)
USR18-0129, Rocky Mountain Midstream, LLC
12. Show and label the entrance gate if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
13. If applicable, 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)
14. Show and label the accepted drainage features. Stormwater ponds should be labeled
as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Public Works)
15. Show and label the drainage flow arrows. (Department of Public Works)
16. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
17. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services -
Engineer)
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
plat not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
mapsRco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Public Works)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. Prior to 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)
USR18-0129, Rocky Mountain Midstream, LLC
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
agreement. (Department of Planning Services)
USR18-0129, Rocky Mountain Midstream, LLC
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rocky Mountain Midstream, LLC
USR18-0129
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0129, for an Oil and Gas
Support and Service Facility (Compressor Station Facility) along with no more than nine (9) construction
trailers and conex storage containers to be utilized temporarily during 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. (Department of Planning Services)
4. The hours of operation are 24 hours per day, 365 days per year. (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 screening on the site shall be maintained. (Department of Planning Services)
12. 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)
13. 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)
14. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15' 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)
15. This site is located within the Airport Overlay District. (Department of Planning Services)
16. 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)
17. 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)
USR18-0129, Rocky Mountain Midstream, LLC
18. 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)
19. 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)
20. 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)
21. 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 adjacent
existing properties. (Department of Public Health and Environment)
22. 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)
23. 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)
24. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
25. 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)
26. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. and comply with the approved Noise Mitigation Plan. (Department of
Public Health and Environment)
27. 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)
28. 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)
29. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
30. 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)
USR18-0129, Rocky Mountain Midstream, LLC
31. 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)
32. 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)
33. 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)
34. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
35. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
36. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
37. 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)
38. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
39. 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)
40. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
41. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
42. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
43. Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2006 International Energy Code;
2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction. (Department of Building
Inspection)
44. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
45. 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.
USR18-0129, Rocky Mountain Midstream, LLC
46. 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.
47. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
48. 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)
49. 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)
50. 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.
51. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services
than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate
to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
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.
USR18-0129, Rocky Mountain Midstream, LLC
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR18-0129, Rocky Mountain Midstream, LLC
February 12, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
HASTINGS MATTHEW
1 WILLIAMS CENTER
TULSA, OK 74172
Subject: USR18-0129 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility (Compressor Station Facility) along with no more than nine (9)
construction trailers and conex storage containers to be utilized temporarily during construction of the
facility in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT B REC EXEMPT RE -3128, PART NE4 SECTION 26, T5N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 19, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on April 10, 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
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
January 21, 2019
HASTINGS MATTHEW
1 WILLIAMS CENTER
TULSA, OK 74172
Subject: USR18-0129 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility (Compressor Station Facility) along with no more than nine (9)
construction trailers and conex storage containers to be utilized temporarily during
construction of the facility.
On parcel(s) of land described as:
PART NE4 SECTION 26, T5N, R65W LOT B REC EXEMPT RE -3128 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,
/0./4`
Chris Gathman
Planner
FIELD CHECK
Inspection Date: 3/9/2019
CASE NUMBER: USR18-0129
APPLICANT: Rocky Mountain Midstream LLC
LEGAL DESCRIPTION: Lot A of Recorded Exemption RECX19-0013; located in Part of
the NE4 of Section 26, T5N, R65W of the 6th PM, Weld County,
Colorado
LOCATION: Approximately 1,600 feet south of County Road 54 and approximately
2,000 feet west of County Road 47.
Zoning
Land Use
N
N
Cropland/USR-1478 (Concrete Business)
E
A (Agricultural)
E
USR15-0063 (storage of oil and gas pipe
and equipment)
S
A (Agricultural)
S
Single Family Residence/Railroad
W
A (Agricultural)
W
Cropland
COMMENTS:
Existing oil and gas production facility at the eastern portion of the property.
Chris Gathman, Planner
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