HomeMy WebLinkAbout20190842.tiffLAND USE APPLICATION
SUMMARY SHEET
PRELIMINARY
Planner:
Case Number: USR18-0115
Applicant: Mark and Lee Kauffman Partnership c/o Cureton Midstream LLC
c/o Anne Best Johnson, Tetra Tech Denver, 1560 Broadway Suite 1400, Denver CO 80202
Angela Snyder
Hearing Date: February19,2019
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service including four (4) gas
compressors, motor control center and related equipment and up to four (4) construction
office trailers and six (6) conex for use during the construction of the facility in the A
(Agricultural) Zone (Miskey Compressor Station)
Legal
Description:
SUBX18-0036 being the NE4 of Section 20, Township 2 North, Range 63 West of the
6th P.M., Weld County Colorado
Location: South of and adjacent to County Road 20 section line; east of and adjacent to County
Road 65 section line; access is off of County Road 398 onto a two -track field road
Size of Parcel: 20 +/- acres Parcel Number: 1303-20-0-00-004
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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 responses with comment from the following
agencies:
Weld County Department of Public Health and Environment, referral dated November 29, 2018
Weld County Department of Public Works, referral dated December 7, 2018
The Department of Planning Services' staff has received responses without comment from the following
agencies:
Southeast Weld Fire District, referral dated November 12, 2018
Weld County Zoning Compliance, referral dated November 6, 2018
Weld County Sheriff's Office, referral dated November 11, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Colorado Parks and Wildlife
History Colorado
Southeast Weld Conservation District
Town of Keenesburg
Weld County Building Inspection
Weld County Office of Emergency Management
USR18-0115 Cureton Midstream LLC — Miskey Compressor Station, page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Angela Snyder
Case Number: USR18-0115 Hearing Date: February 19, 2019
Applicant: Mark and Lee Kauffman, LP c/o Cureton Midstream LLC
c/o Anne Best Johnson, Tetra Tech Denver, 1560 Broadway Suite 1400, Denver CO 80202
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service including four (4) gas
compressors, motor control center and related equipment and up to four (4) construction office
trailers and six (6) conex for use during the construction of the facility in the A (Agricultural) Zone
(Miskey Compressor Station)
Legal SUBX18-0036 being the NE4 of Section 20, Township 2 North, Range 63 West of the
Description: 6th P.M., Weld County Colorado
Location: South of and adjacent to County Road 20 section line; east of and adjacent to County Road
65 section line; access is off of County Road 398 onto a two -track field road
Size of Parcel: 20 +/- acres
Parcel Number: 1303-20-0-00-004
Narrative:
Cureton Midstream LLC is in the process of expanding operations in Weld County, Colorado. The expansion
project will include adding compressors and interconnecting pipelines for the purpose of gathering raw
natural gas and preparing it for compression and insertion into commercial sales pipelines. This application
only addresses the Miskey compressor station. Additional USR permit applications will be submitted for any
future compressor stations, gas processing plants, and pipelines. The unmanned compressor station will be
located on a twenty acre temporary lease hold parcel developed for the facility (SU BX18-0036). The site will also
contain a small motor control center (MCC) building and one permanent conex container or small building to store
parts and materials. The facility will be fully fenced and the pad and laydown yard inside the fence will be
graveled. The area outside the fence will be re -vegetated with native grasses.
THE 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."
Oil and gas development in the County is an integral part of the County economy and has a substantial
direct and indirect impact on current and future land use. Oil and gas development is cyclical, but the
USR18-0115 Cureton Midstream LLC — Miskey Compressor Station, page 2
economics of energy suggests sustained levels of exploration and extraction in the County for the next
twenty (20) years.
Cureton is a business that is in the midstream segment of the natural gas industry. As part of its
business, Cureton gathers raw natural gas via pipelines for processing and transmits final products to
customers via pipelines. In Weld County, Cureton operates an expanding network of gathering pipelines
as well as gas processing plants. 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. To meets these needs, Cureton
is proposing the Miskey Compressor Station, necessitated by the need to move larger volumes of gas
due to the increases in drilling activity and projected additional production increases anticipated by
producers. The proposed compressor will be sited on a twenty (20) acre Subdivsion Exemption parcel
for oil and gas support and service.
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.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding
land uses.
The proposed Miskey Compressor Station is located in an area of the County used primarily for dryland
agriculture and pasture land and already contains various oil and gas operations and facilities. The
existing site is surrounded by one irrigated center pivot, dryland agricultural fields and very few residents.
There is an existing mineral resource development facility that includes transloading north of and
adjacent to the site and permitted by MUSR14-0033.
By keeping the proposed compressor footprint small (approximately 20 -acres) and on an unfarmed
portion of land, Cureton intends that surrounding agricultural areas will not be affected by the compressor
station's presence. Once the construction is completed, the contractor laydown yard and parking area
that was disturbed will be reseeded with a native seed mix.
The impact from light onto adjacent properties will be minimized. The lights that will be on site, will be
manually turned on by an operator when needed. No security lighting is proposed, however, shielding for
the manual outdoor lights is proposed to help mitigate any light pollution that may occur during those
times an operator needs to access the facility at night.
USR18-0115 Cureton Midstream LLC — Miskey Compressor Station, page 3
Noise impacts are expected to be minimal, as the facility is located over a half -mile from any residence,
next to a use by right dairy operation and a transloading facility that was granted Industrial Zone noise
standard as part of MUSR14-0033. The applicant has requested a Commercial Zone noise standard to
be able to remain in compliance with the Development Standards. The Department of Environmental
Health, in a November 29, 2018 referral response, recommended a Commercial Zone noise standard.
There are seven (7) parcels represented by four (4) property owners within five hundred feet of this
facility, There are two homes approximately 0.6 and 0.7 miles away from the site. Planning staff has not
received any telephone calls or letters of correspondence concerning this land use application.
In the unlikely event operations cease at the Miskey Compressor Station, Cureton will remove the
equipment in accordance with COGCC regulations in accordance with the Decommissioning Plan
submitted in the application materials. Where possible, materials will be reused or recycled. Where
required, materials for disposal will be removed by a licensed contractor and transported to a disposal
site. Cureton will comply with all COGCC regulations concerning site restoration.
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 within the Intergovernmental Agreement Area and three mile referral area of the Town of
Keenesburg. The Town indicated no desire to annex the property on the Notice of Inquiry form turned
in with the application and the Town did not return a referral response.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The property is not within a recognized overlay district for the Geologic Hazard, Flood Hazard, MS4 area
or Airport Overlay Districts.
The site is also within the County -wide Road Impact Fee Area. Building Permits issued on the lots will be
required to adhere to the fee structure of the County -wide Road Impact Fee, 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.
This proposed facility is located on a single leasehold parcel secured through a Subdivision Exemption
for oil and gas support and service. The proposed facility is sited on lands that are designated as "Other
Land" on the Important Farmlands of Weld County map dated 1979. No productive agricultural land will
be impacted.
G. Section 23-2-220.A.7 -- 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
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.
1. Prior to recording the USR map:
A. 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)
USR18-0115 Cureton Midstream LLC — Miskey Compressor Station, page 4
B. During construction, 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)
C. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property
crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the
USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works)
D. The USR map shall be amended to delineate the following:
1. All sheets of the USR map shall be labeled USR18-0115. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The USR map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. County Road 63 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of
right-of-way. This road is maintained by Weld County. (Department of Public Works)
5. County Road 20 Section Line has 30 feet of unmaintained section line right-of-way on the south of
the section line. The applicant shall delineate the existing right-of-way on the site plan. Show and
label the section line Right -of -Way as "CR 20 Section Line Right -Of -Way, not County maintained."
Reference the documents creating the right-of-way. All setbacks shall be measured from the edge of
right-of-way. (Department of Public Works)
6. 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)
7. 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)
8. 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)
9. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater
Retention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public
Works)
10. Show and label the drainage flow arrows. (Department of Public Works)
11. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department
of Public Works)
USR18-0115 Cureton Midstream LLC — Miskey Compressor Station, page 5
3. 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)
4. Upon completion of Conditions of Approval No.1. above the applicant shall submit a Mylar USR map along
with all other documentation required as Conditions of Approval. The Mylar USR map shall be recorded in the
office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The USR map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar
USR 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)
5. 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.).Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
6. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the USR 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 be added for each additional 3 month
period. (Department of Planning Services)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review USR map is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
USR18-0115 Cureton Midstream LLC — Miskey Compressor Station, page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cureton Midstream C LLC
Miskey Compressor Station
USR18-0115
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facilities
including Oil and Gas Support and Service including four (4) gas compressors, motor control center and
related equipment and up to four (4) construction office trailers and six (6) conex for use during the
construction of the facility in the A (Agricultural) Zone (Miskey Compressor Station) and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. This is an unmanned facility. (Department of Planning Services)
4. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
5. 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)
6. The applicant or operator shall comply with the approved Decommissioning Plan. (Department of Planning
Services)
7. 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.
9. 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)
10. 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)
11. 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)
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
13. 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)
14. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the
responsibility of Weld County. (Department of Public Works)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works)
16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
USR18-0115 Cureton Midstream LLC — Miskey Compressor Station, page 7
17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
18. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S. (Department of Public Health and Environment)
19. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code. (Department of Public Health and Environment)
20. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
21. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and
obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
22. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day portable
toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall
be retained on a quarterly basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand
sanitizers. (Department of Public Health and Environment)
23. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All
chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations. (Department of Public Health and Environment)
24. Secondary containment shall be constructed around tanks to provide containment for the largest single tank
and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to
contain any spilled or released material. Secondary containment devices shall be inspected at regular
intervals and maintained in good condition. All secondary containment will comply with the Colorado Oil and
Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of the State Underground and
Above Ground Storage Tank Regulations. (Department of Public Health and Environment)
25. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not
occur. (Department of Public Health and Environment)
26. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local, state and federal agencies in accordance
with all state and federal regulations. (Department of Public Health and Environment)
27. The facility shall adhere to the maximum permissible noise levels allowed in the Commerical Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
28. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, if applicable.
(Department of Public Health and Environment)
29. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions
of 40 CFR, Part 112, shall be available on site or as applicable. (Department of Public Health and
Environment)
USR18-0115 Cureton Midstream LLC — Miskey Compressor Station, page 8
30. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
31. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. (Department of Public Health and Environment)
32. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
33. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -wide
Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. (Department of Planning)
34. The property owner or operator shall be responsible for complying with the Design and Operation Standards
of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
38. 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.
39. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in
town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas:
open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of
life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
USR18-0115 Cureton Midstream LLC — Miskey Compressor Station, page 9
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.
USR18-0115 Cureton Midstream LLC — Miskey Compressor Station, page 10
January 09, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
JOHNSON ANNE
1560 BROADWAY STE 1400
DENVER, CO 80202
Subject: USR18-0115 - A Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service including four (4) gas
compressors, motor control center and related equipment and up to four (4) construction office trailers
and six (6) conex for use during the construction of the facility in the A (Agricultural) Zone
On parcel(s) of land described as:
NE4 SECTION 20, T2N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 19, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 6, 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,
Angela Snyder
Planner
November 06, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
ANNE BEST -JOHNSON
TETRA TECH
1560 BROADWAY STE 1400
DENVER, CO 80202
Subject: USR18-0115 - A Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service including four (4) gas
compressors and up to four (4) construction office trailers and six (6) conex for use during the
construction of the facility in the A (Agricultural) Zone (Miskey Compressor Station)
On parcel(s) of land described as:
NE4 SECTION 20 T2N R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within
the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a
copy of the submitted materials to the following Planning Departments for their review and
comments:
Keenesburg at Phone Number 303-732-4281
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
FIELD CHECK
Inspection Date: 2/04/2019
Case Number: USR18-0115
Applicant: Mark and Lee Kauffman Partnership c/o Cureton Midstream LLC
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service including four (4) gas
compressors, motor control center and related equipment and up to four (4) construction
office trailers and six (6) conex for use during the construction of the facility in the A
(Agricultural) Zone (Miskey Compressor Station)
Legal SUBX18-0036, being the NE4 of Section 20, Township 2 North, Range 63 West of the
Description: 6'h P.M., Weld County Colorado
Location: South of and adjacent to County Road 20 section line; east of and adjacent to County
Road 65 section line; access is off of County Road 398 onto a two -track field road
Size of Parcel: 20 +/- acres
Parcel Number:1303-20-0-00-004
Zoning
Land Use
N
A (Agricultural)
N
Dryland pasture w oil and gas
encumbrances
E
A (Agricultural)
E
UBR Dairy, Ag, prime irrigated
S
A (Agricultural)
S
Ag, non -irrigated, rural residential
W
A (Agricultural)
W
Ag, non -irrigated
COMMENTS:
The site is dry portion of an agricultural field. There is a new dairy just east of the site. Several
rural residents are located roughly a mile to the south.
f(
Angela'Snyder, Planne4
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