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Home My WebLink About20182417.tiffPlanner: Case Number: Applicant: Request: Legal Description: Location: LAND USE APPLICATION SUMMARY SHEET Diana Aungst Hearing Date: July 17, 2018 USR18-0022 Verdad Resources, LLC, c/o Nick Holland with Cureton Front Range, LLC A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service Facilities (compressor station for natural gas and all related equipment, including, but not limited to four (4) compressors, a slug catcher, a 3 -phase separator, a 49 -foot tall dehydration tower, a 30 -foot tall combustor, a MCC building with a 20 -foot tall pole mounted communication antenna, a fuel gas skid, 2 cargo containers, and 5 temporary construction trailers) in the A (Agricultural) Zone District. Subdivision Exemption SUBX18-0024; being part of the S2 of Section 19, Township 1 North, Range 64 West of the 6th P.M., Weld County, CO North of and adjacent to CR 6; east of and adjacent to CR 49 Size of Parcel: Parent parcel +/- 227.93 acres Parcel No. 1475-19-3-00-014 Site +/- 5.00 acres 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 referral responses with comments from the following agencies: ➢ Weld County Department of Public Works, referral dated April 20, 2018 Weld County Department of Public Health and Environment, referral dated April 5, 2018 The Department of Planning Services' staff has received referral responses without comments from the following agencies: V V V V V Town of Hudson, referral dated April 11, 2018 Weld County Sheriff's Office, referral dated April 6, 2018 Weld County Zoning Compliance, referral dated March 23, 2018 Central Weld County Water District, referral dated April 19, 2018 State of Colorado, Division of Water Resources, referral dated March 28, 2018 The Department of Planning Services' staff has not received responses from the following agencies: y Adams County y Box Elder Creek y Colorado Parks and Wildlife y Hudson Fire Protection District y Weld County School District RE -3J y Southeast Weld Conservation District USR18-0022 Page 1 0111 Planner: Case Number: Applicant: Request: Legal Description: Location: Size of Parcel: Case Summary: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Diana Aungst Hearing Date: July 17, 2018 USR18-0022 Verdad Resources, LLC, c/o Nick Holland with Cureton Front Range, LLC A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service Facilities (compressor station for natural gas and all related equipment, including, but not limited to four (4) compressors, a slug catcher, a 3 -phase separator, a 49 -foot tall dehydration tower, a 30 -foot tall combustor, a MCC building with a 20 -foot tall pole mounted communication antenna, a fuel gas skid, 2 cargo containers, and 5 temporary construction trailers) in the A (Agricultural) Zone District. Subdivision Exemption SUBX18-0024; being part of the S2 of Section 19, Township 1 North, Range 64 West of the 6th P.M., Weld County, CO North of and adjacent to CR 6; east of and adjacent to CR 49 Parent parcel +/- 227.93 acres Parcel No. 1475-19-3-00-014 Site +/- 5.00 acres The applicant, Cureton Midstream, LLC, is proposing a natural gas compressor station (Tiger Compressor Station). This is an unmanned facility therefore no water or septic will be installed. The hours of operation are proposed to be 24 hours a day / 7 -days a week. The application materials state that a 7 -foot chain link fence will surround the site. The applicant will also be placing a sound wall on three side of the site. the west, north, and east sides of the site will have a 20 -foot sound wall. Staff is recommending a Screening/Landscape Plan as part of the Conditions of Approval, however, the proposed sound wall may meet this condition. 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" and Section 22-2-80 D - I.Goal 4. states, "All new industrial development should pay its own way." The applicant is proposing a natural gas compressor station with signage, lighting, and fencing. The hours of operation are proposed to be 24 hours a day / 7 -days a week. USR18-0022 Page 20111 The applicant will pay for all on -site and offsite improvements associated with this use. Section 22-2-20.H.1 - A.Policy 8.1 states, "The land use applicants should demonstrate that adequate sanitary sewage and water systems are available for the intensity of the development." Since this is an unmanned facility no potable water or sewage disposal will be provided. Section 22-2-20.1.5 - A.Policy 9.5, state, "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 been in contact with the surrounding property owners and held a community meeting on April 5, 2018. The applicant has responded to the Surrounding Property Owners concerns with letters, email, and phone calls. Section 22-2-20.G.3. - A.Policy 7.3 states, "Conversion of agricultural land to urban residential, commercial and industrial uses should be considered when the subject site is located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or Urban Development Nodes, or where adequate services are currently available or reasonably obtainable. A municipality's adopted comprehensive plan should be considered, but should not determine the appropriateness of such conversion." The 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. Section 22-2-20.H.8 - A.Policy 8.3 states, "The land use applicants should demonstrate that the roadway facilities associated with the proposed development are adequate in width, classification and structural capacity to serve the proposed land use change." The referral comments from the Department of Public Works state that CR 49 is a gravel road and that CR 6 is also a gravel road. Access easements may be required to access the site. The applicant shall address the requirements of the Weld County Public Works Department, as stated in the referral response dated April 20, 2018. Section 22-2-20.H.5 - A.Policy 8.5. states, "The land use applicants should demonstrate that public service providers, such as but not limited to schools, emergency services and fire protection, are informed of the proposed development and are given adequate opportunity to comment on the proposal." The USR application was sent to fifteen (15) referral agencies including the school district, the Division of Water Resources, the Town of Hudson, and the fire district. The referral agencies had 28 days to review this USR and most of them submitted response of 'no concerns' with the rest submitting comments or conditions that are incorporated as Conditions of Approval or Development Standards in the staff recommendation. 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. which allows for A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service Facilities (compressor station for natural gas and all related equipment, including, but not limited to four (4) compressors, a slug catcher, a 3 -phase separator, a 49 -foot tall dehydration tower, a 30 -foot tall combustor, a MCC building with a 20 -foot tall pole mounted communication antenna, a fuel gas skid, 2 cargo containers, and 5 temporary construction trailers) in the A (Agricultural) Zone District. USR18-0022 Page 30111 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." This is a compressor station that will be an unmanned facility. 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. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops, and rural residences. The closest residence is about one -tenth of a mile north. There is one (1) USR within one mile of this SU BX parcel. USR-1694 for a Home Business for storage of construction materials) is located south of the site. The Weld County Department of Planning Services sent notice to twenty (20) Surrounding Property Owners. Planning staff received correspondence from three (3) surrounding property owners within 500 feet of the parent parcel. The three (3) letters outline concerns about property values, noise, safety, fire, aesthetic impact, environmental impact, impact to ag tourism, and impact to traffic, and road conditions. The applicant has been in contact with the Surrounding Property Owners and has conducted a community meeting on April 5, 2018. The applicant submitted copies of the email correspondence between Cureton and the Surrounding Property Owners, a Desktop Constraints Analysis (DCA) by Terracon, and the presentation from the April 5, 2018, community meeting (Exhibits 5, 6, and 7 respectively). The Desktop Constraints Analysis (DCA) covered about 1,000 acres surrounding and including the subject site. The Analysis concluded that: 1) Any wetland features should be avoided or conduct a Waters of the U.S. (WOTUS) delineation, 2) Development should occur outside the peak migratory bird nesting season due to the presence of hawks, and 3) A Cultural Resource Survey (including a field survey) should be completed at the property to evaluate the potential for the presence of archaeological sites and/or historic resources affected by the proposed compressor station. The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan, a Noise Abatement Plan, an Improvements Agreement (for roads and traffic) and a Screening/Landscaping 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. 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 lease area (Subdivision Exemption) is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area, or the Airport Overlay District. USR18-0022 Page 4 0111 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 located on 5 acres of soils designated as "Prime if they become irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This USR will not take any "Prime (Irrigated)" Farmland out of production. G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) C. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) D. The applicant shall submit Subdivision Exemption (SUBX18-0024) for recording. (Department of Planning Services) E. The applicant shall submit a Decommissioning Plan. (Department of Planning Services) F. The applicant shall submit a Communication Plan. (Department of Planning Services) G. The applicant shall submit a Lighting Plan that complies with Section 23-2-250.D of the Weld County Code. (Department of Planning Services) H. The applicant shall submit a Screening/Landscape Plan that screens the site from the Surrounding Property Owners and the right-of-way. (Department of Planning Services) I. The applicant shall submit a Noise Abatement Plan to the Department of Planning Services for Review and approval. (Department of Planning Services) J. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0022. (Department of Planning Services) USR18-0022 Page 50111 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) If applicable, the map shall delineate the lighting and shall adhere to Chapter 23 of the Weld County Code. (Department of Planning Services) 5) The applicant shall delineate 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) 6) County Road 6 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 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) 7) County Road 49 is a gravel 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 on the site plan the future and existing right-of- way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 8) Show and label the approved access location(s), 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) 9) 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) 10) The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 11) The applicant shall show the drainage flow arrows. (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) USR18-0022 Page 60111 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to mapsco.weld.co.us. (Department of Planning Services) 5. 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) 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 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) USR18-0022 Page 70111 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Verdad Resources, LLC, clo Nick Holland with Cureton Front Range, LLC USR18-0022 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0022, for Mineral Resource Development Facilities including Oil and Gas Support and Service Facilities (compressor station for natural gas and all related equipment, including, but not limited to four (4) compressors, a slug catcher, a 3 -phase separator, a 49 -foot tall dehydration tower, a 30 -foot tall combustor, a MCC building with a 20 -foot tall pole mounted communication antenna, a fuel gas skid, 2 cargo containers, and 5 temporary construction trailers) 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 property owner or operator shall provide written evidence of an 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) 4. 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) 5. This is an unmanned facility. (Department of Planning Services) 6. Hours of operation are twenty-four (24) hours each day, seven (7) days per week. (Department of Planning Services) 7. The Property Owner shall maintain compliance with the Decommissioning Plan and the Communication Plan. (Department of Planning Services) 8. The Screening/Landscaping on the site shall be maintained. (Department of Planning Services) 9. The property owner shall control noxious weeds on the site. (Department of Public Works) 10. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) 11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 12. 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) 13. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 15. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 16. 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) USR18-0022 Page 80111 17. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 19. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 20. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) 21. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 22. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 23. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 24. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (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 Residential 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) USR18-0022 Page 90111 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 the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 33. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 34. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2017 National Electrical Code; A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 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. USR18-0022 Page 10 0111 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. 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, sand burs, 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. USR18-0022 Page 11 0111 June 01,2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: daungst@co.weld.co.us PHONE: (970) 400-3524 FAX: (970) 304-6498 HOLLAND NICK 518 17TH ST STE 650 DENVER, CO 80202 Subject: USR18-0022 - A Site Specific Development Plan and Use By Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service Facilities (compressor station for natural gas and all related equipment, including, but limited to, four (4) compressors, a slug catcher, a 3 -phase separator, a 49 foot tall dehydration tower, a 30 foot tall combustor, an MCC building with a 20 foot tall pole mounted communication antenna, and a fuel gas skid) in the A (Agricultural) Zone District. On parcel(s) of land described as: PART S2 SECTION 19, T1 N, R64W LOT C REC EXEMPT RE -3078 OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on July 17, 2018, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on August 15, 2018 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 Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, i(Skik/-__Q9,Ctifil-j, Diana Aungst Planner March 23, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: daungst@co.weld.co.us PHONE: (970) 400-3524 FAX: (970) 304-6498 SKELSKEY MARK 8450 EAST CRESCENT PARKWAY, STE 200 GREENWOOD VILLAGE, CO 80111 Subject: USR18-0022 - A Site Specific Development Plan and Use By Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service Facilities (compressor station for natural gas and all related equipment, including, but limited to, four (4) compressors, a slug catcher, a 3 -phase separator, a 49 foot tall dehydration tower, a 30 foot tall combustor, an MCC building with a 20 foot tall pole mounted communication antenna, and a fuel gas skid) in the A (Agricultural) Zone District. On parcel(s) of land described as: PART S2 SECTION 19, T1 N, R64W LOT C REC EXEMPT RE -3078 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, aWillDiana Aungst Planner FIELD CHECK Inspection Date: 7/6/2018 Case Number: Applicant: Request: Legal Description: Location: Size of Parcel: USR18-0022 Verdad Resources, LLC, c/o Cureton Front Range, LLC A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service Facilities (compressor station for natural gas and all related equipment, including, but not limited to four (4) compressors, a slug catcher, a 3 -phase separator, a 49 -foot tall dehydration tower, a 30 -foot tall combustor, an MCC building with a 20 -foot tall pole mounted communication antenna, a fuel gas skid, 2 cargo containers, and 5 temporary construction trailers) in the A (Agricultural) Zone District. Subdivision Exemption SUBX18-0024 being part of the S2 of Section 19, Township 1 North, Range 64 West of the 6th P.M., Weld County, CO North of and adjacent to CR 6; east of and adjacent to CR 49 Parent parcel +/- 227.93 acres Site +/- 5.00 acres Parcel No. 1475-19-3-00-014 Zoning Land Use N A (Agricultural) N Rural Residential/Agriculture E A (Agricultural) E Rural Residential/Agriculture S A (Agricultural) S Rural Residential/Agriculture W A (Agricultural) W Agriculture COMMENTS: The site is crop land. There are some cargo containers and some block -valves on the site. There is an access to the site from CR 49. Diana Aungst, Planner Hello