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LAND USE APPLICATION
SUMMARY SHEET
C. Gathman
1 MJUSR19-14-0035
AKA Energy Group, LLC
125 Mercado Street, Suite 201, Golden Colorado 81301
Coy Bryant
Hearing Date: May 21, 2019
A Major Amendment to a Site Specific Development Plan and Use by Special Review
Permit No. USR14-0035 for an Oil and Gas Support and Service Facility (Natural Gas
& Condensate Separator Facility and Compressor Facility) to expand the boundaries
and to add an Amine System to treat gas and a cryogenic processing plant including a
125 -foot high flare in the A(Agricultural) Zone District.
W2SW4 of Section 31, T4N, R65W of the 6'" PM, Weld County, Colorado
North of and adjacent to County Road 38 and 1 mile east of County Road 35.
+/- 80 acres Parcel No. 1055-31-3-00-002
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:
y Weld County Department of Public Works, referral dated 2/25/2019
y Weld County Department of Public Health and Environment, referral dated 2/14/2019
y Colorado Department of Public Health and Environment, referral dated 2/13/2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Zoning Compliance, referral dated 1/23/2019
▪ Weld School District RE -1, referral dated 1/23/2019
y Colorado Parks and Wildlife, referral dated 1/23/2019
The Department of Planning Services' staff has not received responses from the following agencies:
"t/ "t/ "t/ "t/ "t/ "t/
Platte Valley Soil Conservation District
Noble Energy
LaSalle Fire Protection District
Colorado Oil and Gas Conservation Commission
Weld County Sheriff's Office
Weld County Department of Building Inspection
1MUSR19-14-0035, AKA Energy Group, LLC
Planner:
C. Gathman
Case Number: 1MJUSR19-14-0035
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel: +1- 80 acres Parcel No. 1055-31-3-00-002
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: April 2, 2019
AKA Energy Group, LLC
125 Mercado Street, Suite 201, Golden Colorado 81301
Coy Bryant
A Major Amendment to a Site Specific Development Plan and Use by Special Review
Permit No. USR14-0035 for an Oil and Gas Support and Service Facility (Natural Gas
& Condensate Separator Facility and Compressor Facility) to expand the boundaries
and to add an Amine System to treat gas and a cryogenic processing plant including a
125 -foot high flare in the A(Agricultural) Zone District.
W2SW4 of Section 31, T4N, R65W of the 6th P.M., Weld County, CO
North of and adjacent to County Road 38 and 1 mile east of County Road 35.
A Gas & Condensate Separator and Compressor Facility under case number USR14-0035 was approved
by the Board of County Commissioners in 2014. The original plant facility covers eight (8) acres. The
applicants are proposing to expand the facility by an additional twelve (12) acres. The application
indicates that the proposed plant expansion will include an amine system to treat the gas and treat the
gas to remove H2S and CO2 to meet pipeline specifications. There are three (3) pipelines proposed to
connect to this facility (including a 16 -inch gathering line, a 6 -inch natural gas transportation line and a 3 -
inch natural gas liquid transportation line proposed to connect to this facility. Also, a Cryogenic
Processing Plant is proposed to be installed to further cryogenically process the gas to meet pipeline
specifications. A 125 -foot tall flare is proposed to be installed to assist in Volatile Organic Compounds
(VOCs) and HAPs (hazardous air pollutants). The application indicates that the flare height was
determined according to specifications to ensure protection of personnel in the event of an emergency.
During normal operations the flare will be purged and shielding will be installed to prevent direct view of
the purge flame.
The facility is proposed to operate 24 -hours a day 365 days a year. Up to ten (10) full-time employees are
proposed and the proposed site will be served by a commercial well and septic permit.
The applicant was issued a compliance advisory from the Colorado Department of Public Health and
Environment (CDPHE) in 2018 for operating the condensate stabilizer tower and subsequent shut down
events without obtaining an Air Pollution Emission Notice (APEN) from June 2015 until August 2018. The
condensate stabilizer tower was approved under the original USR (USR14-0035). The compliance
advisory also alleged that did not apply Reasonably Available Control Technology to control emissions
from the facility until start up of an enclosed flare in July 25, 2018. The applicant reached a settlement
agreement with the CDPHE in January 2019. Per the settlement agreement — the agreement "does not
constitute an admission of violation of air quality laws".
1MUSR19-14-0035, AKA Energy Group, LLC
At the time USR14-0035 was approved, there was not a development standard in place requiring the
county to be notified by the applicant/operator of compliance advisories received from CDPHE. This is
now a development standard for Oil & Gas Support (and other facilities requiring state approval) and is
attached as Development Standard No. 28 on this permit.
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"
The proposed use is in an area that can support this development and the existing
screening, the Development Standards, and the Conditions of Approval (including a
screening plan, maximum noise limits, communications plan, lighting plan and emergency
action and safety plan) will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
Section 22-2-20.1.5 (A Policy 9.5) states "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to
surrounding properties and referral agencies. Encourage applicants to communicate with
those affected by the proposed land use change through the referral process."
The applicant has conducted three meetings with property owners in the area to
discuss/address potential impacts associated with the proposed expansion. The applicant
has proposed mitigations (such as installing a wall) based on feedback received during
these meetings.
Section 22-5-100.A (OG.Goal 1) states "Promote the reasonable and orderly exploration
and development of oil and gas mineral resources."
The applicant is proposing an installation of a wall to mitigate visual impacts from the facility
in response to feedback from property owners in the area. The proposed facility is located
approximately 1,000 feet from the nearest residence in the 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 allows oil and
gas support facilities (Natural Gas & Condensate Separator facility and Compressor
facility) as a Use by Special Review 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
approximately 1,000 feet from the nearest residence) and the Development Standards,
and the Conditions of Approval (including requirements for landscaping and screening,
lighting, communication plan and noise abatement) will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with surrounding land uses
1MUSR19-14-0035, AKA Energy Group, LLC
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 nearest residence is located approximately 1,000 feet to the southwest of the site.
USR18-0019 (Latham) and 4MUSR16-83-542 (Mewborn) are located approx.. 1 mile to
the west. AMUSR-355 (Compressor Station) is located approximately 0.25 mile to
northwest.
The applicant has had meetings three (3) meetings (two in March and one in May) with the
surrounding property owners. Notice to surrounding property owners within 1 mile were
mailed. Based on feedback received during the neighborhood meetings — the applicant is
proposing to utilize a wall to screen the facility.
One surrounding property owner submitted a copy of the compliance advisory issued from
CDPHE. An e-mail was submitted from a surrounding property owner requesting that the
scale of the changes require a USR vs. a Minor Amendment.
The Department of Planning Services has attached a number of conditions of approval
including a screening plan, noise abatement plan, communication plan to address impacts
associated with the facility and ensure compatibility with surrounding property owners.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is not located within a three (3) mile referral area of any municipality, nor is it
located within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard
Area or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, 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 80 acres delineated as "Other" 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.
1MUSR19-14-0035, AKA Energy Group, LLC
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)
C. The applicant shall address the requirements of the Colorado Department of Public Health
and Environment as stated in their referral dated 2/13/2019. Written evidence of such shall
be submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
D. A revised lighting plan shall be submitted for review and approval by the Department of
Planning Services. The lighting plan shall address manual control of lighting in sectors.
(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. A Communications Plan shall be submitted to the Department of Planning Services. The
Communications Plan shall address ongoing communication processes with area property
owners, and be reviewed annually with input from the area property owners. (Department
of Planning Services)
G. A Screening Plan to mitigate visual impacts of the facility shall be submitted to the
Department of Planning Services for review and approval. If landscaping is proposed as
part of the screening plan, a landscape irrigation and maintenance plan shall be provided.
(Department of Planning Services)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 1MJUSR19-14-0035 (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 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. The map shall delineate the parking area for the vendors, customers and/or
1MUSR19-14-0035, AKA Energy Group, LLC
employees. (Department of Planning Services)
9. County Road 38 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)
10. County Road 37 Section Line is shown to have 30 feet of unmaintained section line
right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate
the existing right-of-way on the site plan. Show and label the section line Right -of -Way
as "CR 37 Section Line Right -Of -Way, not County maintained." All setbacks shall be
measured from the edge of right-of-way. (Department of Public Works)
11. 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)
12. Show and label the approved tracking control on the site plan. (Department of Public
Works)
13. 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)
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
1MUSR19-14-0035, AKA Energy Group, LLC
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. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
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. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be
installed according to the Weld County Onsite Wastewater Treatment System Regulations.
The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Onsite Wastewater Treatment System Regulations. (Department
of Public Health and Environment)
8. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. 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)
1MUSR19-14-0035, AKA Energy Group, LLC
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AKA Energy Group, LLC
1 MJUSRI9-14-0035
1. An Amended Site Specific Development Plan and Use by Special Review Permit, 1MJUSR19-14-0035,
for an Oil and Gas Support and Service Facility (Natural Gas & Condensate Separator Facility and
Compressor Facility) to expand the boundaries and to add an Amine System to treat gas and a
cryogenic processing plant including a 125 -foot high flare in the A (Agricultural) Zone District, subject
to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 24 hours a day, seven (7) days a week. Scheduled maintenance events
that include flaring shall occur during daylight hours. (Department of Planning Services)
4. The number of permanent on -site employees is limited to ten (10). (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The screening on the site shall be maintained, in accordance with the approved landscaping/Screening
Plan. (Department of Planning Services)
8. The applicant or operator shall comply with the approved Decommissioning Plan. (Department of
Planning Services)
9. The applicant or operator shall comply with the approved Noise Mitigation Plan. (Department of
Planning Services)
10. The applicant or operator shall comply with the approved Lighting Plan. (Department of Planning
Services)
11. The applicant or operator shall comply with the approved Communications Plan. (Department of
Planning Services)
12. 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)
13. 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)
14. 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)
15. 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)
16. 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
1MUSR19-14-0035, AKA Energy Group, LLC
Environment)
17. 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)
18. 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 Environment)
19. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
20. All potentially hazardous chemicals on -site must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance
with manufacturer's recommendations. (Department of Public Health and Environment)
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 Rules and/or the provisions of the
State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and
Environment)
22. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and
Environment)
23. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
24. 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)
25. 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 Environment)
26. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable.
(Department of Public Health and Environment)
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 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)
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)
1MUSR19-14-0035, AKA Energy Group, LLC
30. 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)
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 Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
36. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
37. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
38. 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)
39. 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)
40. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
41. 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.
42. 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.
43. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
1MUSR19-14-0035, AKA Energy Group, LLC
44. 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)
45. 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)
46. 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.
47. 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.
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
1MUSR19-14-0035, AKA Energy Group, LLC
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.
1MUSR19-14-0035, AKA Energy Group, LLC
February 27, 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
BRYANT COY
65 MERCADO ST STE 201
DURANGO, CO 81301
Subject: 1MJUSR19-14-0035 - A Major Amendment to a Site Specific Development Plan and Use by
Special Review Permit No. USR14-0035 (Natural Gas & Condensate Separator facility and Compressor
facility) to expand the boundaries and to add an amine system to treat gas and a Cryogenic Processing
Plant to an existing oil and gas support and service facility in the A (Agricultural) Zone District.
On parcel(s) of land described as:
W2SW4 SECTION 31, T4N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 2, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on April 24, 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,
f4
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 23, 2019
BRYANT COY
65 MERCADO ST STE 201
DURANGO, CO 81301
Subject: 1MJUSR19-14-0035 - A Major Amendment to a Site Specific Development Plan and Use by
Special Review Permit No. USR14-0035 (Natural Gas & Condensate Separator facility and Compressor
facility) to expand the boundaries and to add an amine system to treat gas and a Cryogenic Processing
Plant to an existing oil and gas support and service facility in the A (Agricultural) Zone District.
On parcel(s) of land described as:
S2/NE4 SECTION 31, T4N, R65W 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,
CI:C..
14.1
Chris Gathman
Planner
FIELD CHECK
inspection dates: 5/10/2018
APPLICANT: AKA Energy Group, LLC
CASE #: 1MJUSR19-14-0035
REQUEST: A Major Amendment to a Site Specific Development Plan and Use by Special Review Permit
No. USR14-0035 for an Oil and Gas Support and Service Facility (Natural Gas & Condensate
Separator Facility and Compressor Facility) to expand the boundaries and to add an Amine
System to treat gas and a cryogenic processing plant including a 125 -foot high flare in the
A(Agricultural) Zone District.
LEGAL: W2SW4 of Section 31, T4N, R65W of the 61h PM, Weld County, Colorado
LOCATION: North of and adjacent to County Road 38 and 1 mile east of County Road 35.
PARCEL ID #s: 1055-31-2-00-002
ACRES:
+/- 80 acres
Zoning
Land Use
N
A
N
Cropland/Rangeland
E
A
E
Cropland/Rangelan
S
A
S
Cropland/SF residence to SW
W
A
W
Cropland/Rangeland
COMMENTS:
Existing compressor/separator facility (approved under USR14-0035) and fence on the property.
Chris Gathman - Planner III
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