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Home My WebLink About20181217.tiffPlanner: Case Number: Applicant: Representatives: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY SHEET Kim Ogle Hearing Date: April 3, 2018 2MJUSRI8-12-1792 DCP Operating Company, LP, cro Paul D. Park, 3026 4th Avenue, Greeley Christina White, White Engineering, Inc., 3620 W. 10th Street, Greeley Patrick Groom, Witwer, Oldenburg Barry & Groom, LLC, 822 7th Avenue, Greeley A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR-1792 for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility, one (1) up to one hundred (100) feet in height secure communications tower in the A (Agricultural) Zone District and the addition of new gas processing equipment to improve capacity and efficiency of the existing plant. (DCP O'Connor Gas Plant) Lot B of Recorded Exemption RECX12-0034, being part of the SE4 of Section 31 Township 5 North, Range 64 West of the 6th P.M., Weld County Colorado North of and adjacent to County Road 50; west of and adjacent to County Road 51 +1- 148.18 acres Parcel No. 0963-31-4-00-003 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. >4 Weld County Public Works, referral dated March 23, 2018 Weld County Department of Public Health and Environment, referral dated March 6, 2018 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Platte Valley Fire Protection District, referral dated February 13, 2018 Colorado Parks and Wildlife, referral dated February 13, 2018 Weld County Zoning Compliance, referral dated February14, 2018 Central Weld County Water District referral dated February 27, 2018 Weld County Sheriff's Office, referral dated March 2, 2018 West Greeley Conservation District, referral dated March 12, 2018 The Department of Planning Services' staff has not received responses from the following agencies: Town of Kersey Noble Energy, Inc. Poudre Valley REA Weld County Building Inspection Weld County Office of Emergency Management Colorado Department of Public Health and Environment 2MJ USR18-12-1792 - DCP Operating Company, LP, Page 1 Planner: Case Number: Applicant: Representatives: Request: Legal Description: Location: Size of Parcel: Case Summary: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Kim Ogle Hearing Date: April 3, 2018 2MJUSR18-12-1792 DCP Operating Company, LP, do Paul D. Park, 3026 4th Avenue, Greeley Christina White, White Engineering, Inc., 3620 W. 10th Street, Greeley Patrick Groom, Witwer, Oldenburg Barry & Groom, LLC, 822 7th Avenue, Greeley A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR-1792 for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility, one (1) up to one hundred (100) feet in height secure communications tower in the A (Agricultural) Zone District and the addition of new gas processing equipment to improve capacity and efficiency of the existing plant. (DCP O'Connor Gas Plant) Lot B of Recorded Exemption RECX12-0034, being part of the SE4 of Section 31 Township 5 North, Range 64 West of the 6th P.M., Weld County Colorado North of and adjacent to County Road 50; west of and adjacent to County Road 51 +1- 148.18 acres Parcel No. 0963-31-4-00-003 DCP Operating Company, LP (DCP) proposes to expand the existing O'Connor Natural Gas Processing Plant in order to improve the quality and efficiency of the plant and the gathering system in Weld County. This expansion, to be called the O'Connor 2 Gas Plant, adds additional natural gas processing equipment west of and adjacent to the existing O'Connor Gas Plant, located at 24189 WCR 51, Kersey, CO 80644. This application addresses only the proposed new natural gas processing equipment being installed as part of the O'Connor 2 plant expansion within the current USR boundary at the existing O'Connor Gas Plant. The existing O'Connor Gas Plant is located on a 148.81 -acre parcel located east of Greeley and south of Kersey adjacent to County Road 51 and north of County Road 50. Ten full-time employees are currently employed at the O'Connor Gas Plant. Five additional employees will be required after this new equipment is installed at the O'Connor 2 Gas Plant. The plant will continue to operate 24 hours a day, 7 days a week, year-round. A septic system was installed when the original gas plant was constructed to accommodate post -construction sewage. The Central Weld County Water District installed a new water line to the O'Connor Gas Plant and currently provides potable and process water for all plant uses. As part of the expansion of the O'Connor Gas Plant, DCP has developed a sound mitigation plan that will continue sound standard compliance through a combination of equipment changes and engineering measures. With available new technology for various equipment, DCP will continue to comply with the applicable noise standard for the new equipment proposed for the plant expansion. 2MJUSR18-12-1792 - DCP Operating Company, LP, Page 2 An amended air permit has been filed with the Colorado Air Pollution Control Division (Permit #11 WE1481) that includes the additional natural gas processing equipment to be installed as part of the O'Connor 2 expansion project. 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 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The facility is located on a 148 +1- acre parcel and all equipment is fenced and gated with the proposed plant expansion area located to the west of the existing plant. The proposed change(s) will not result in a substantial adverse impact on the other property in the vicinity of the subject property. The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties are generally large agricultural lots with single family residences. The proposed Development Standards address lighting, screening, noise standards, access and tracking control. The Department of Planning Services received one telephone call and office visit from a property owner outside of the 500 foot notification area requesting information on the proposal and staff provided a response without any additional contact from the individual. Aside from this inquiry, staff has not received any comments from the surrounding property owners regarding the proposed modification. 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. S. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Citing the Weld County Code, Section 23-3-40.A.2 provides for a Site Specific Development Plan and Special Review Permit for Mineral Resource Development facilities, Oil and Gas Support and Service, Natural gas processing facilities, related equipment and structures in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The existing site is surrounded by native pasture land and agricultural fields. Three residences are in the immediate area within 500 feet of the plant and eighteen residences are within one-half mile of the plant. DCP is committed to mitigating potential off -site lighting and noise impacts generated by this facility and will through a combination of equipment changes and engineering measures maintain and comply with the applicable noise standard for the existing and new equipment proposed for the O'Connor 2 plant expansion. Once the expansion construction is completed, the disturbed area will be replanted with native grasses compliant with the Weld County seed mix requirements. 2MJUSR18-12-1792 - DCP Operating Company, LP, Page 3 D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Town of Kersey. The Town of Kersey did not return a referral response indicating a conflict with their interests. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is not in a floodplain, geologic hazard area or 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, 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 existing facility and proposed gas plant expansion are located on approximately 121.3 acres of "Irrigated Land (Not Prime)" and approximately 127 acres of "Prime" (Irrigated) per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There is no irrigation water associated with the parcel and therefore the property owner will not be taking any prime agricultural land out of production. C. 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 USR 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. The Agreement shall require the construction of the following capital 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 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) 2MJUSR18-12-1792 - DCP Operating Company, LP, Page 4 D. The applicant shall develop a Lighting Plan for review and acceptance. In accordance with the Weld County Code. (Department of Planning Services) E. The septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed increase in hydraulic load. The review shall be submitted to the Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Department of Public Health & Environment) F. Prior to Recording the USR Map, the map shall be amended to delineate the following: 1. All sheets of the map shall be labeled 2MJUSR18-12-1792 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. County Road 51 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) 5. County Road 50 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 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) 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. 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) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or 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) 2MJUSP18-12-1792 - DCP Operating Company, LP, Page 5 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) 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 maps@co.weld.co.us. (Department of Planning Services) Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required. (Department of Public Works) 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) 2MJUSR18-12-1792 - DCP Operating Company, LP, Page 6 SITE SPECIFIC DEVELOPMENT PLAN MAJOR AMENDED USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DCP OPERATING COMPANY, LP 2M.JUSR18-12-1792 1. A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR-1792 for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility, one (1) up to one hundred (100) feet in height secure communications tower in the A (Agricultural) Zone District and the addition of new gas processing equipment to improve capacity and efficiency of the existing plant. (DCP Operating Company, LP - O'Connor Gas Plant), subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation are 24 hours a day, seven days a week, as stated by the applicant(s). (Department of Planning Services) 4. The number of employees is fifteen (15) as stated by the applicant(s). (Department of Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 6. 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., as amended. (Department of Public Health & Environment) 7. Waste materials shall be handled, stored, and disposed of 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 & Environment) 8. Fugitive dust and fugitive particulate emissions should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. The facility shall be operated in accordance with the approved Dust Abatement Plan at all times. (Department of Public Health & Environment) 9. The applicant shall operate in accordance with the approved "Waste Handling Plan". (Department of Public Health & Environment) 10. 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 & Environment) 11. 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 & Environment) 12. 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 & Environment) 2MJUSR18-12-1792 - DCP Operating Company, LP, Page 7 13. 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 & Environment) 14. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health & Environment) 15. Any septic system located on the property must comply with all provisions of the Weld County Code pertaining to On -site Wastewater Treatment Systems (OWTS). A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health & Environment) 16. 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 & Environment) 17. 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 & Environment) 18. 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 & Environment) 19. 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 & Environment) 20. 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 & Environment) 21. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, and as applicable, shall be available. (Department of Public Health & Environment) 22. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 23. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health & Environment) 24. 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) 25. 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) 2MJUSR18-12-1792 - DCP Operating Company, LP, Page 8 26. 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) 27. The property owner shall control noxious weeds on the site. (Department of Public Works) 28. 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) 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 shall be reviewed on an annual basis, including possible updates (Department of Public Works) 33. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 34. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) 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 Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 35. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Department of Planning) 36. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Department of Planning) 38. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 39. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 40. 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) 41. The 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 2MJUSR18-12-1792 - DCP Operating Company, LP, Page 9 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) 42. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) 43. 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. 44. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A► concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on 2MJ USR18-12-1792 - DCP Operating Company, LP, Page 10 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. 2MJ USR18-12-1792 - DCP Operating Company, LP, Page 11 March 9, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@weldgov.com PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 PAUL PARK 3026 4TH AVE GREELEY, CO 80631 Subject: 2MJUSR18-12-1792 - A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR-1792 for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility, one (1) up to one hundred (100) feet in height secure communications tower, and the addition of new gas processing equipment to improve capacity and efficiency of the existing plant in the A (Agricultural) Zone District. On parcel(s) of land described as: PART SE4 SECTION 31, T5N, R64W LOT B REC EXEMPT RECX12-0034 OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 3, 2018, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on April 25, 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.org If you have any questions concerning this matter, please call. Respectfully, Kim Ogl Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@weldgov.com PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 February 13, 2018 PAUL PARK 3026 4TH AVE GREELEY, CO 80631 Subject: 2MJUSR18-12-1792 - A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR-1792 for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility, and the addition of new gas processing equipment to improve capacity and efficiency of the existing plant in the A (Agricultural) Zone District. On parcel(s) of land described as: PART SE4 SECTION 31, T5N, R64W LOT B REC EXEMPT RECX12-0034 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: Kersey at Phone Number 970-353-1681 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, Planner FIELD CHECK - 2MJUSR18-12-1792 Inspection Date: March 22, 2018 Applicant: DCP Operating Company, LP Request: A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR-1792 for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility, one (1) up to one hundred (100) feet in height secure communications tower, and the addition of new gas processing equipment to improve capacity and efficiency of the existing plant in the A (Agricultural) Zone District. (DCP O'Connor Gas Plant) Legal: Lot B of Recorded Exemption RECX12-0034, being part of the SE4 of Section 31 Township 5 North, Range 64 West of the 61b P.M., Weld County Colorado Location: North of and adjacent to County Road 50; West of and adjacent to County Road 51 Parcel ID #: 0963-31-4-00-003 Acres: 148 +/- Zoning Land Use N AGRICULTURE N Agriculture lands w Oil and Gas Encumbrances E AGRICULTURE E Agriculture lands w Oil and Gas Encumbrances, rural residences S AGRICULTURE S Agriculture lands, rural residence and Oil and Gas Encumbrances W AGRICULTURE W Comm tower, Ag lands, rural residence w Oil & Gas Encumbrances Comments: The existing gas plant facility is sited atop of a natural knoll with the main plant located nearer to the east property line, is fenced and has gated access onto the property. Access is via an nternal graveled all weather road into the facility. Lands to the south have a Poudre Valley REA substation with the remaining lands in native grasses. There is a production well pad presence and associated encumbrances on the property. The expansion area is to the west from the existing plant site. Access to the plant site is from County Road 51 an all weather road. Signature ❑ Outbuilding(s) ❑ Oil & Gas Structures ❑ Access to Property ❑ Site Distance Note any commercial business/commercial vehicles that are operating from the site. Hello