HomeMy WebLinkAbout20180581.tiffPlanner:
Case Number:
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
C. Gathman
USR17-0055
Richard I. Robertson C/O Cureton Front Range LLC
8537 County Road 51, Keenesburg, CO. 80643
Nicholas Holland
Hearing Date: February 6, 2018
A Site -Specific Development Plan and Use by Special Review Permit for an oil and Gas
Support and Service Facility (Cryogenic Gas Processing Plant) in the A (Agricultural) Zone
District.
Lot B of Recorded Exemption 1 AMRECx18-02-3190 and Lot B of Recorded Exemption
1 AM RECx18-04-3799; located in Part of the NE4 of Section 19, T2N, R64W of the 6th
PM, Weld County, Colorado
West of and adjacent to County Road 51 and 1/4 mile south of County Road 20/County
Road 51 intersection.
+/- 145. 88 acres Parcel No. 130519100029
130519100032
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 12/14/2017
Weld County Department of Planning Services - Engineer, referral dated 12/28/2017
Weld County Department of Public Health and Environment, referral dated 12/13/2017
Colorado Division of Water Resources, referral dated 11/22/2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated 11/21/2017
Henrylin Irrigation, referral dated 12/18/2017
Noble Energy, Inc., referral dated 12/11/2017
Weld County Sheriff's Office, referral dated 12/5/2017
The Department of Planning Services' staff has not received responses from the following agencies:
USR17-0065 - CURETON FRONT RANGE LLC 1
Weld County Department of Public Works - Access
Weld County Department of Building Inspection
Office of Emergency Management
Colorado Parks and Wildlife
Colorado Department of Transportation
Town of Hudson
Town of Keenesburg
Hudson Fire Protection District
School District RE -3J
Southeast Weld Fire Protection District
USR17-0065 - CURETON FRONT RANGE LLC 2
Planner:
C. Gathman
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: February 6,
2018
Case Number: USR17-0065
Applicant: Richard I. Robertson C/O Cureton Front Range LLC
Address: 8537 County Road 51, Keenesburg, CO. 80643
Representative: Nicholas Holland
Request: A Site -Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support and Service Facility (Cryogenic Gas Processing Plant) in the
A(Agricultural) Zone District.
Legal
Description:
Lot B of Recorded Exemption 1 AMRECx18-02-3190 and Lot B of Recorded Exemption
1 AM RECx18-04-3799; located in Part of the NE4 of Section 19, T2N, R64W of the 6th
PM, Weld County, Colorado
Location: West of and adjacent to County Road 51 and 1/4 mile south of County road 20/County
Road 51 intersection.
Size of Parcel: +/- 145. 88 acres Parcel No. 130519100029
130519100032
Case Summary:
Cureton Front Range, LLC is proposing a cryogenic gas processing facility. Gas will be gathered from
pipelines connected to wells located in Adams and Weld County. The gas processing facility will consist
of a slug catcher, stabilization, a cryogenic unit and refrigeration, residue gas compression, a facility flare
and associated buildings. Equipment will be at ground -level or up to 1-2 stories in height with the
exception that the plant flare will be 125 -feet in height, the cryogenic tower will be 120 -feet in height, the
stabilizer tower will be 60 -feet in height and molecular sieve units at 30 -feet in height.
Raw natural gas will enter the property via pipeline into a slug catcher. Liquids from the slug catcher will
be processed in a stabilizer to form natural gas liquids (NGLs). The vapors from the stabilizer unit will be
recycled to the inlet of the plant where they will blend with incoming gas. The inlet gas will be dehydrated
by molecular sieve and then processed in a refrigeration until and cryogenic processing unit to further
remove NGLs from the gas stream. Gas from the slug catcher will be metered and then combined.
Processed gas will be recom pressed, metered and transported via pipeline.
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:
USR17-0065 - CURETON FRONT RANGE LLC
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20. G.2. A.Policy 7.2 states "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject
site is in an area that can support such development, and should attempt to be
compatible with the region"
The proposed facility will cover approximately 33.5 acres of the 145.88 acre property.
The applicant has been in discussions with local farmers in regards to farming the
remainder (or portions of the remainder of the property) not occupied by the proposed
gas plant.
A number of conditions of approval and development standards have been attached
(landscape/screening plan, maximum noise standards, lighting plan, noise abatement
plan) to address impacts associated with this proposed use.
Section 22-2-100 A.2 OG.Policy 1.2. states "Oil and gas support facilities which do not
rely on geology for locations should locate in commercial and industrial areas, when
possible, and should be subject to review in accordance with the appropriate sections of
this Code."
The facility location is based on proximity to existing oil and gas pipelines and
infrastructure.
The proposed Development Standards and Conditions of Approval (including a
landscape/screening plan, maximum noise standards, lighting plan, noise abatement
plan) 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. Section 23-3-40.A.2 provides for a Site Specific Development
Plan and Special Review Permit for Mineral Resource Development facilities including Oil
and Gas Support and Service (Cryogenic Gas Processing Plant) in the A (Agricultural)
Zone District.
Section 23-3-10 - Intent states: "The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than uses Allowed by Right."
The facility location is based on proximity to existing oil and gas pipelines and
infrastructure.
The proposed Development Standards and Conditions of Approval (including a
landscape/screening plan, maximum noise standards, lighting plan, noise abatement
plan)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 proposed facility site is located approximately 700 -feet from the nearest residence to
the north and approximately 3,300 feet east of three (3) residences located on rural
properties. The nearest residence to the southwest (not under common ownership) is
located approximately 1,600 feet from the site.
USR17-0065 - CURETON FRONT RANGE LLC 4
The Department of Planning Services has received two letters and one e-mail outlining
concerns/objections in regarding this case. These include but are not limited to:
County Road 51 concerns (including dust and road damage)
The visibility of the flare and towers associated with the facility
Noise
Lighting (including during construction and during ongoing operations)
Adding to existing impacts caused by existing businesses in the area
Impacts to property values
Potential for Ground contamination
Potential for Groundwater contamination
Potential for air contamination/pollution
Ground vibration impacts
Impacts on wildlife
Weed control
A number of conditions of approval and development standards have been attached
(landscape/screening plan, maximum noise standards, lighting plan, noise abatement
plan) to address impacts associated with this proposed use. Development standards also
address the proper disposal of waste materials associated with the proposed gas plant
and require compliance with air emission standards.
Additionally, the applicant has been having ongoing meetings/dialog with the neighboring
property owners regarding the proposed use and mitigating impacts associated with the
use (including the nearest property owner).
A referral was submitted to Colorado Parks and Wildlife and no referral response has
been received.
An Improvements and Road Maintenance Agreement is required as a condition of
approval. The agreement will address dust control, tracking control, damage repair,
specified haul routes and future traffic triggers for improvements. The applicant is
proposing a landscaping/screening plan and a lighting plan to address impacts and
alleviate impacts on neighboring properties in the area.
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 areas of the Town of Hudson and the
Town of Keenesburg. The site is also located within the boundaries of the
Keenesburg/Weld County Cooperative Planning Agreement @GA) boundary. Prior to
setting up the case, the Town of Keenesburg indicated that they had no concerns with
Cureton moving forward with the County process in their e-mail dated 10/31/2017. No
referral responses have been received from the Town of Hudson and the Town of
Keenesburg in regard to this case.
E Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard
Area or the Airport Overlay District.
USR17-0065 - CURETON FRONT RANGE LLC
5
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program and the fee structure of the County Facility Fee
and Drainage Impact Fee Programs.
F Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 146 acres delineated as "Prime
(Irrigated)" and "Prime if Irrigated" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The facility location is on the area (approximately 72
acres) identified as "Prime (Irrigated)". The proposed Cryogenic Facility area will
encompass approximately 33.5 acres. The applicant has been in discussions with local
farmers in regarding using the remaining (or portions of the remaining area) for
agricultural 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. The applicant shall submit written evidence of a commercial well to the Weld County
Department of Public Health and Environment. (Department of Public Health and
Environment)
B. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
C. 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)
D An Improvements and Road Maintenance Agreement is required for off -site improvements
at this location. Road maintenance including, but not limited to dust control, tracking
control, damage repair, specified haul routes and future traffic triggers for improvements
will be included. (Department of Public Works)
E A Landscape/Screening plan to mitigate visual impacts shall be submitted to the
Department of Planning Services for review and approval. (Department of Planning
Services)
F A lighting Plan that meets the requirements of Section 23-9-40 of the Weld County Code
shall be submitted for review and approval by the Department of Planning Services.
(Department of Planning Services)
USR17-0065 - CURETON FRONT RANGE LLC 6
G. A Noise Abatement Plan shall be submitted to the Department of Planning Services for
review and approval. (Department of Planning Services)
H A Communications Plan shall be submitted to the Department of Planning Services. The
Communications Plan shall address ongoing communication processes with area property
owners. (Department of Planning Services)
I The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0066 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
The map shall delineate the proposed landscaping and/or screening approved by the
Department of Planning Services. (Department of Planning Services)
6. The map shall delineate the lighting. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
8. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
9. County Road 51 is a gravel 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)
10. County Road 20 Section Line is shown to have 60 feet of unmaintained section line
right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate
the existing right-of-way on the site plan. All setbacks shall be measured from the
edge of right-of-way. (Department of Public Works)
11. Show and label the approved access locations, and the appropriate turning radii (60')
on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
12. Show and label the 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)
13. Show and label the section line Right -of -Way as "CR 20 Section Line Right -Of -Way,
not County maintained." (Department of Public Works)
USR17-0065 - CURETON FRONT RANGE LLC
14. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Public Works)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
16. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services -
Engineer)
17. The applicant shall indicate specifically on the map the type of right-of-way/easement
and indicate whether it is dedicated, private, or deeded to provide adequate access
to the parcel. (Department of Planning Services - Engineer)
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 plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
7 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 plat is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR17-0065 - CURETON FRONT RANGE LLC
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Richard I. Robertson C/O Cureton Front Range LLC
USR17-0065
1. A Site -Specific Development Plan and Use by Special Review Permit, USR17-0065, for an Oil and
Gas Support and Service Facility (Cryogenic Gas Processing Plant) in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 24 hours a day, seven days a week. (Department of Planning Services)
4. The number of on -site employees is limited to eighteen (18), as stated on the application.
(Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The landscaping/screening on the site shall be maintained in accordance with the approved
landscape/screening map. (Department of Planning Services)
8. The operator shall comply with the approved Lighting Plan submitted to the Department of Planning
Services. (Department of Planning Services)
9. 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)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
12. 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)
13. 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)
14. 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)
15. 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
USR17-0065 - CURETON FRONT RANGE LLC 9
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)
16. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
17. All potentially hazardous chemicals on -site must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance
with manufacturer's recommendations. (Department of Public Health and Environment)
18. 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. A►ll secondary containment
will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or the
provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of
Public Health and Environment)
19. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and
Environment)
20. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
21. 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)
22. 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)
23. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
24. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
25. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
26. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
27. The property owner shall control noxious weeds on the site. (Department of Public Works)
28. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite 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)
USR17-0065 - CURETON FRONT RANGE LLC 10
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 historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
32. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
33. 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 Planning Services - Engineer)
34. 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)
35. 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)
36. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
37. 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.
38. 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.
39. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
40. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
41. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Public
Health and Environment)
42. 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
USR17-0065 - CURETON FRONT RANGE LLC 11
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.
43. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities 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.
USR17-0065 - CURETON FRONT RANGE LLC 12
January 15, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
NICK HOLLAND
518 17TH ST STE 650
DENVER, CO 80202
Subject: USR17-0065 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility (Cryogenic Gas Processing Plant) in the A(Agricultural) Zone
District.
On parcel(s) of land described as:
LOT B REC EXEMPT RE -3799, BEING PART S2NE4 AND LOT B REC EXEMPT RE 3190, BEING
PART NE4; ALL IN SECTION 19, T2N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 6, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 28, 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
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
November 21, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
NICK HOLLAND
CURTON MIDSTREAM
518 17TH ST STE 650
DENVER, CO 80202
Subject: USR17-0065 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility (Cryogenic Gas Processing Plant) in the A(Agricultural) Zone
District.
On parcel(s) of land described as:
PART S2NE4 SECTION 19, T2N, R64W LOT B REC EXEMPT RE -3799 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
PART NE4 SECTION 19, T2N, R64W LOT B REC EXEMPT RE 3190 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:
Hudson at Phone Number 303-536-9311
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,
Chris Gathman
Planner
1
FIELD CHECK
inspection dates: 1/26/2018
APPLICANT: Richard I. Robertson CIO Cureton Front Range LLC
CASE #: USR17-0065
REQUEST: A Site -Specific Development Plan and Use by Special Review Permit for an Oil and Gas
Support and Service Facility (Cryogenic Gas Processing Plant) in the A (Agricultural) Zone
District.
LEGAL: Lot B of Recorded Exemption 1AMRECX18-02-3190 and Lot B of Recorded Exemption
1AMRECX18-04-3799; located in Part of the NE4 of Section 19, T2N, R64W of the 6th
PM, Weld County, Colorado
LOCATION: West of and adjacent to County Road 51 and 1/4 mile south of County Road 20/County
Road 51 intersection.
PARCEL ID #s: 130519100029 & 130519100032
ACRES: +/- 145.88 acres (Gas Plant area: +/- 35 acres)
Zoning
Land Use
N
A
N
Single Family Residence (property to be purchased
by applicant)
E
A
E
Cropland
S
A
S
Cropland
W
A
W
Single -Family Residences on rural parcels (oil and
gas production facility)
COMMENTS: Existing Oil & Gas production on a portion of the property along with irrigated
cropland.
Chris Gathman - Planner III
Hello