HomeMy WebLinkAbout20193292.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: July 16, 2019
Case Number: USR19-0019
Applicant: Crestone Peak Resource Holdings LLC
Representative: Meghan Campbell
Request: A Site -Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (Storage
and Staging Yard for Oil and Gas Equipment along with an office, and field
measurement and calibration building) in the A (Agricultural) Zone District.
Legal Lot B Recorded Exemption RECX18-0083; located in Part SE4 of Section 28, T1 N,
Description: R67W of the 6'h PM, Weld County, Colorado.
Location: West of and adjacent to County Road 19, north of and adjacent to County Road 4.
Size of Parcel:
+1- 47.729 acres Parcel No. 1469-28-4-00-028
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 Health and Environment, referral dated April 22, 2019
y Weld County Department of Public Works, referral dated May 2, 2019
y Brighton Fire Rescue District, referral dated April 25, 2019
y Colorado Division of Water Resources, referral dated April 22, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Zoning Compliance, referral dated April 10, 2019
y Colorado Department of Transportation, referral dated April 9, 2019
▪ Weld County Sheriff's Office, referral dated April 19, 2019
▪ RE -8 School District, referral dated April 9, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
"t/ "t/ "t/ "t/ "t/ "t/ "t/ "t/ "t/
Weld County Department of Building Inspection
Ambulance Services
Office of Emergency Management
Colorado Parks and Wildlife
Colorado Oil and Gas Conservation Commission
Adams County
West Adams Conservation District
City of Fort Lupton
City of Dacono
USR19-0019 — Crestone Peak Resource Holdings, LLC
Page 1
Planner:
C. Gathman
Case Number: USR19-0019
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: July 2, 2019
Crestone Peak Resources Holdings LLC
Meghan Campbell
A Site -Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (Storage
and Staging Yard for Oil and Gas Equipment along with an office, and field measurement
and calibration building) in the A (Agricultural) Zone District.
Lot B Recorded Exemption RECX18-0083; located in Part SE4 of Section 28, Ti N,
R67W of the 6'h PM, Weld County, Colorado.
West of and adjacent to County Road 19 and north of and adjacent to County Road 4.
+/- 47.729 acres Parcel No. 1469-28-4-00-028
Crestone Resources is applying for a USR for a storage and staging yard for oil and gas equipment along
with an office and field measurement and testing. This site has historically been operated as a natural gas
process facility under previous owners/operators. A gas processing facility was approved for the site in
July 1974 (under USR-589) and the facility was later amended in 1986, 1988 and 1994. Since the 2016
the site has been utilized as a storage/staging area and the applicant is applying for this proposed use.
The previous gas processing plant USR is proposed to be vacated under this application.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-5-100.A (OG. Goal 1) states, "Promote the reasonable and orderly exploration
and development of oil and gas mineral resources."
The proposed use is in an area that can support this development and the existing
screening, 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.
Page 2
The property borders the Dry Creek Regional Regional Urbanization Area (RUA) to the
west, north and east. These locations are identified as buffer areas on the Dry Creek
RUA map.
Chapter 26, Article IV, Section 26-4-90 B.3 states: "Buffer development and oil and gas
operations areas: A landscape buffer should be employed for the outer fifty (50) feet of
the setback from an oil and gas well or operations area. This buffer area may be used
for underground utilities, sidewalks, trails and/or parking, and must be landscaped with
grasses, vertical landscaping or shallow -rooted landscaping."
The site borders an existing injection well facility to the north , a compressor station facility
to the northwest (approved in 2018 and incorporates a 50 -foot landscape buffer), another
oil and gas support operation to the southwest and a natural gas quality control station
(Public Service) is located on the property to the east. Wellheads and tank batteries border
the facility to the east.
A condition of approval is attached requiring the applicant to submit a landscape and
screening plan that adheres to the Dry Creek RUA requirements.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development,
Oil and Gas Support and Service in the A (Agricultural) Zone District.
Section 23-3-10 — Intent states: "The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than uses Allowed by Right."
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The site consists of an existing storage yard and buildings. The site is located adjacent to
an injection well and off-load terminal (approved under USR15-0067), and a compressor
station facility (for up to 8 compressors) to the north and northwest. A natural gas control
station (3rd AMUSR-778) is located to the east and another injection well facility (MUSR12-
0003) is partially surrounded by the site to the southeast. The nearest residences are
located approximately 900 -feet to the south, 600 -feet to the west (along County Road 4)
and 1,500 feet to the north.
The applicant sent a letter explaining the request to surrounding property owners within
500 -feet of the site in July 2018. The application indicates that no response was received.
No letters, phone calls or correspondence has been received from surrounding property
owners in response to this application since referrals were sent out for this application.
The Conditions of Approval require that the applicant submit an Emergency Action and
Safety Plan, an Improvements Agreement (for roads and traffic) and a
Landscaping/Screening Plan. The Development Standards and Conditions of Approval will
assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
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.
USR19-0019 — Crestone Peak Resource Holdings, LLC
Page 3
The site is located within the three (3) mile referral areas of the cities of Brighton, Dacono,
Fort Lupton, Northglenn and Adams County. No referral response has been received from
the municipalities and county.
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 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 48.66 acres delineated as "Prime", "Prime
If Irrigated" and "Hi Potential Dry Cropland — Prime if Irrigated" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The property is currently
not in production (it has been used for oil & gas and is covered with existing buildings,
storage and access improvements).
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. An Improvements and Road Maintenance Agreement is required for off -site improvements
at this location. Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. (Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of Public
Works)
C. The applicant shall attempt to address the requirements of the Brighton Fire Protection
District, as stated in the referral response dated April 25, 2019. Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
D. The applicant shall submit a Lighting Plan for review and approval by the Department of
Planning Services in accordance with the Dark Sky Policy and the Weld County Code.
(Department of Planning Services)
USR19-0019 — Crestone Peak Resource Holdings, LLC
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E. The applicant shall submit a Screening/Landscape Plan that screens the site from the
Surrounding Property Owners and the right-of-way for review and approval by the
Department of Planning Services. The Screening/Landscape Plan shall include/incorporate
the 50 -foot landscape buffer as delineated in Section 26-4-90 of the Weld County Code. An
irrigation plan shall be submitted with the Screening/Landscape Plan. (Department of
Planning Services)
F. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0019 (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 landscaping and/or screening. (Department of
Planning Services)
6. The map shall delineate the lighting which shall adhere to the Weld County Code.
(Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
8. County Road 19 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)
9. County Road 4 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. 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 operation. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public
Works)
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)
USR19-0019 — Crestone Peak Resource Holdings, LLC
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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)
16. 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 Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (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 prior to
the start of 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)
7. The Use by Special Review 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 map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
USR19-0019 — Crestone Peak Resource Holdings, LLC
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Crestone Peak Resource Holdings, LLC
USR19-0019
1. A Site -Specific Development Plan and Use by Special Review Permit, USR19-0019, Mineral Resource
Development Facilities including for Oil and Gas Support and Service (Storage and Staging Yard for
Oil and Gas Equipment along with an office, and field measurement and calibration building) 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 7:00 a.m. - 5:00 p.m. Monday — Friday. (Department of Planning Services)
4. The number of on -site employees shall be one (1), as stated in the application materials. (Department
of Planning Services)
5. In addition to the on -site employee, up to four contractors and thirty-five truck drivers may access the
site on a daily basis, as stated in the application materials. (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 landscaping and screening on the site shall be maintained in accordance with the approved
landscape and screening plan. (Department of Planning Services)
8. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
9. 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)
10. 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)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
12. 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)
13. 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)
14. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the rules and regulations of the Water Quality Control Commission and the Environmental
Protection Agency. (Department of Public Health and Environment)
USR19-0019 — Crestone Peak Resource Holdings, LLC
Page 7
15. 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)
16. 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)
17. 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)
18. 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)
19. 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)
20. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
21. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
22. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For
employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, 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, contain hand sanitizers and be screened from public view.
(Department of Public Health and Environment)
23. 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)
24. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
25. 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)
26. 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)
27. 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)
28. 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)
USR19-0019 — Crestone Peak Resource Holdings, LLC
Page 8
29. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
30. 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)
31. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
32. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
33. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
34. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
35. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used
which may be confused with, or construed as, traffic control devices. (Department of Planning Services)
36. 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; 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.
37. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
38. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
39. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services. (Department of Planning Services)
40. 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.
USR19-0019 — Crestone Peak Resource Holdings, LLC
Page 9
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.
41. 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 maybe open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
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.
USR19-0019 — Crestone Peak Resource Holdings, LLC
Page 10
MEMORANDUM
TO: Planning Commissioners
DATE: July 1, 2019
FROM: Chris Gathman
SUBJECT: USR19-0019 Continuance
Staff is requesting that USR19-0019 be continued to July 16, 2019 for two reasons:
1) Mineral Notice waiver - per my last conversation with the applicant there is still one
outstanding mineral interest that has not signed the waiver.
2) The request notice in the newspaper needs to be amended to include "Up to 25 Cargo
Containers" as part of the USR request.
June 17, 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
CRESTONE PEAK RESOURCE HOLDINGS LLC
1801 CALIFORNIA ST STE 2500
DENVER, CO 80202
Subject: USR19-0019 - A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (Storage and Staging Yard for Oil and Gas Equipment along with an office,
and field measurement and calibration building) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT B RECX18-0083, PART SE4 SECTION 28, T1 N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 2, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 31, 2019 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
ic
t�i
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
April 04, 2019
CRESTONE PEAK RESOURCE HOLDINGS LLC
1801 CALIFORNIA ST STE 2500
DENVER, CO 80202
Subject: USR19-0019 - A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (Storage and Staging Yard for Oil and Gas Equipment along with an office,
and field measurement and calibration building) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT B AMD REC EXEMPT AMRE-1595, PART SE4 SECTION 28, Ti N, R67W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
441,-(1,
Chris Gathman
Planner
FIELD CHECK
inspection dates: 6/21/2019
APPLICANT: Crestone Peak Resource Holdings LLC
CASE #: USR19-0019
REQUEST: A Site -Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service (Storage and Staging Yard
for Oil and Gas Equipment along with an office, and field measurement and calibration
building) in the A (Agricultural) Zone District.
LEGAL: Lot B Recorded Exemption RECX18-0083; located in Part SE4 of Section 28, Ti N, R67W
of the 61h PM, Weld County, Colorado
LOCATION: West of and adjacent to County Road 19, north of and adjacent to County Road 4.
PARCEL ID #s: 1469-28-4-00-028
ACRES:
+/- 47.729 acres
Zoning
Land Use
N
A
N
Injection Well Offload Facility (USR15-
0067)/Compressor Station Facility
E
A
E
Natural Gas Control Station (3rd AMUSR-778)
S
A
S
SF residence 900 -feet to south
W
A
W
Oil and Gas Production wells (AMUSR-256 — Oil and
Gas Support Facility to adjacent to SW corner of
site)
COMMENTS:
Existing oil and gas storage of tanks and equipment on site. Site is fenced and gated.
Chris Gathman - Planner III
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