HomeMy WebLinkAbout20184066.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO . PLANNING COMMISSION VAR% - 0\O
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER USR18-0104
APPLICANT: ANNA HILL, C/O OUTRIGGER DJ OPERATING. LLC
PLANNER KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS
SUPPORT AND SERVICE INCLUDING SIX (6) GAS COMPRESSORS AND
RELATED EQUIPMENT, ONE ( 1 ) UP TO SEVENTY (70) FEET IN HEIGHT
SECURE COMMUNICATIONS TOWER. AND UP TO FIVE (5) CONSTRUCTION
OFFICE TRAILERS AND TEN (10) CONEX CONTAINERS FOR USE DURING
THE CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION. SUBX18-0034 BEING PART OF THE SE4SE4 OF SECTION 26, T8N, R61W OF
THE 6TH P.M. , WELD COUNTY. COLORADO.
LOCATION: APPROXIMATELY 700 FEET NORTH OF CR 88; WEST OF AND ADJACENT TO
CR 95
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.
Chapter 22 , Article VI , Section 22-6-20. B. 1 ECON . Policy 3. 1 states -County activities and regulation
should protect the rights of private property owners and the public health , safety and welfare,
recognizing that these basic rights and protections allow the free market to prosper and grow the
local economy. "
The property owner has submitted an application for a signed lease for lands associated with this
compressor facility. The proposed compressor station is located adjacent to the Verdad production
well location in a consolidated area near the intersection of two County roads and the areas are
graveled and grade and are in pasture grasses .
Chapter 22 , Article V, Section 22-5- 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. "
Outrigger is in the business of collecting , processing, compressing and transmitting natural gas
products to customers via pipelines. The DJ Basin area has seen rapid expansion as new drilling
technologies are allowing more oil and gas to be produced. As a result, gas gathering and processing
capacity is needed in this area in order to meet the growing production. To meets these needs,
Outrigger is proposing. the Koki compressor station necessitated by the need to move larger volumes
of gas due to the increases in drilling activity and projected additional production increases anticipated
by producers.
Chapter 22 , Article V, Section 22-5- 100. B.6 OG. Policy 2 .6 states " Promote the safety of all citizens
and structures that are in relatively close proximity to oil and gas facilities. "
The facility is proposed for a remote location of the County with three residential structures located
RESOLUTION USR18-0104
ANNA HILL, 0/O OUTRIGGER DJ OPERATING, LLC
PAGE 2
0.5 to 1 .0 miles from the proposed facility. Additionally, the applicant is proposing to place all
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equipment within pre-fabricated structures. Compressor buildings will have hospital grade
silencers and each structure is insulated to dampen equipment noise. The applicant has been
working with the Briggsdale Fire Department on an Emergency Action Plan that addresses the
Muster point in case of emergency or unforeseen event. As a condition of approval prior to
operation a signed Emergency Action Plan between the Fire Department, Office of Emergency
Management and the Plant Operator is required.
This proposal has been reviewed by the appropriate referral agencies and it has been determined that
the attached Conditions of Approval and Development Standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood
and County and will address and mitigate impacts on the surrounding area due to the construction of
this facility.
Chapter 22, Article II , Section 22-2-20. 1 .5 A. Policy 9.5 states "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."
Outrigger is in communication with surrounding property owners and will continue to communicate
with them. The Briggsdale volunteer fire department was sent notification along with Outrigger contact
information and have acknowledged notification. The applicant indicates that prior to operation
emergency responders will be provided with information on emergency protocols and the muster
locations for the compressor station.
The areas surrounding the site have agricultural land use as well as oil and gas exploration and
development. There is a well pad/tank battery adjacent to this site and one about % of a mile to the
east. The station is designed with minimal impact to the surrounding area. The application materials
indicate that facility lighting will not overly illuminate large areas and will be directed at 90 degrees to
the natural ground plane. Lighting will comply with Weld County dark sky policy adhering to the
International dark sky standards. The existing site is natural grasses with no improvements or
farming. The site is in a remote, arid region as such, the proposed compressor station will be graveled
with natural grasses remaining outside the fenced area. No additional landscaping is proposed.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development, Oil and
Gas Support and Service and Section 23-3-40.K allows one (1 ) or more microwave, radio, television
or other communication transmission or relay tower over seventy (70) feet in height per Lot as a Use
by Special Review in the A (Agricultural) Zone District.
Agriculture in the County is considered a valuable resource which must be protected from adverse
impacts resulting from uncontrolled and undirected business, industrial and residential land uses.
The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential
feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct
of agricultural activities and activities related to agriculture and agricultural production without the
interference of other, incompatible land uses. The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right. The A (Agricultural)
Zone District regulations are established to promote the health, safety and general welfare of the
present and future residents of the County.
C . Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed Koki Compressor Station is located in an area of the County used primarily as
RESOLUTION USR18-0104
ANNA HILL, CIO OUTRIGGER DJ OPERATING, LLC
PAGE 3
agricultural and pasture land and already contains various oil and gas operations and facilities. The
proposed site is surrounded by irrigated crop land, agricultural fields and a few residents. By keeping
the proposed compressor footprint small (approximately 10-acres out of the 600-acre property),
Outrigger intends that surrounding agricultural areas will not be affected by the compressor station's
presence. Once the construction is completed disturbed areas will be reseeded with a native seed
mix.
There are eleven (11 ) property owners on eleven (11 ) parcels within five hundred feet of this facility,
with the closest residence being approximately 0.5 miles to the south. Planning staff has not
received any telephone calls or correspondence concerning this land use application.
Outrigger proposes to construct a 70-foot in height communications at the proposed Koki Compressor
Station site. Outrigger designs and constructs such towers at each of its facilities to allow for a reliable
signal for the remote monitoring and control of the facility. A secure location within the site is critical
because of the life-safety functions associated with the station's control and emergency shut-down
notification features.
Due to safety concerns, Outrigger requires that only authorized personnel be permitted access to its
towers and transmitters to prevent intentional or accidental disruption of communication services. If a
third-party user requested to collocate on this proposed tower, they would have to comply with
Outrigger 's safety, security and structural installation requirements.
In the unlikely event operations cease at the Koki Compressor Station, Outrigger will remove the
equipment, communications tower and all of its components in accordance with COGCC regulations.
Where possible, materials will be reused or recycled. Where required, materials for disposal will be
removed by a licensed contractor and transported to a disposal site. Outrigger will comply with all
COGCC regulations concerning site restoration.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is not within a three-mile referral area of a municipality or County.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The property is not within a recognized overlay district for Flood Hazard Development, Geologic
Hazard or Airport Overlay Districts.
The site is within the County-wide Road Impact Fee Area. Building Permits issued on the lots will be
required to adhere to the fee structure of the County-wide Road Impact Fee, County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
This proposed facility is located on a Subdivision Exemption parcel created for the temporary use of
the land for oil and gas support and service facilities, Outrigger DJ Services, LLC Koki Compressor
Station. The approximate 600-acre area not impacted by the compressor site will continue in
agriculture production with on-going oil and gas production activities. The proposed facility is sited on
lands that are designated as "Prime if they become Irrigated" on the Important Farmlands of Weld
County map dated 1979.
G . Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation
Standards (Section 23-2-250, Weld County Code) , Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of health, safety, and welfare
RESOLUTION USR18-0104
ANNA HILL, CIO OUTRIGGER DJ OPERATING, LLC
PAGE 4
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 Planning Commission recommendation for approval is conditional upon the following:
1 . Prior to recording the USR 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 provide a Decommissioning Plan for the Compressor Facility.
D. The USR map shall be amended to delineate the following:
1 . All sheets of the USR map shall be labeled USR18-0104 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The USR map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. County Road 95 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 88 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)
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 approved tracking control on the site plan. (Department of Public Works)
8. 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)
9. 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)
10. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. Prior to Construction
RESOLUTION USR18-0104
ANNA HILL. CIO OUTRIGGER DJ OPERATING . LLC
PAGE 5
A. If more than one (1 ) acre is to be disturbed . a Weld County Grading Permit will be required.
(Department of Planning Services-Engineer)
3. Prior to Operation
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator. the Fire District and the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services. (Department of Planning Services)
4 . Upon completion of Conditions of Approval No. 1 . above the applicant shall submit a Mylar USR map along
with all other documentation required as Conditions of Approval. The Mylar USR map shall be recorded in
the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The USR
map shall be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County
Code. The Mylar USR map and additional requirements shall be submitted within one hundred twenty
( 120) days from the date of the Board of County Commissioners resolution . The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
5 . The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review",
as appropriate. Acceptable format is a projected ESRI shapefile (. shp, . shx. .dbf, . prj) with a defined
coordinate system (i.e. , NAD 1983 UTM Zone 13N , WGS 1984, NAD 1983 HARN StatePlane Colorado
North FIPS 0501 (US Feet) . . . .etc. ) . Thisdigitalfilemaybesenttomaps@co.weld .co. us. (Department of
Planning Services)
6. In accordance with Weld County Code Ordinance #2012-3. approved April 30. 2012 . should the USR map
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of County
Commissioners resolution a $50.00 recording continuance charge shall be added for each additional 3-
month period. (Department of Planning Services)
7. The Special Review activity shall not occur, nor shall any building or electrical permits be issued on the
property until the Special Review USR map is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Elijah Hatch .
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
RESOLUTION USR18-0104
ANNA HILL. C1O OUTRIGGER DJ OPERATING. LLC
PAGE 6
CERTIFICATION OF COPY
I , Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 4. 2018.
Dated the 4th of December, 2018
Kristine Ranslem
Secretary
RESOLUTION USR18-0104
ANNA HILL. O/O OUTRIGGER DJ OPERATING, LLC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Outrigger DJOperating, LLC
Koki Compressor Station
USR18-0104
1 . A Site Specific Development Plan and a Special Review Permit, USR18-0104 for Mineral Resource
Development Facilities including Oil and Gas Support and Service including (Six (6) gas compressors and
related equipment) , one (1 ) up to seventy (70) feet in height secure communications tower, and up to five
(5) construction office trailers and ten (10) conex for use during the construction of the facility in the A
(Agricultural) Zone, and subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. This is an unmanned facility. (Department of Planning Services)
4. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
6. The pasture grass restoration shall be maintained. (Department of Planning Services)
7. Co-Location of communication devices on the 70-foot in height communications tower is permitted and
encouraged if applicants are able to comply with Outrigger's safety, security and structural installation
requirements. (Department of Planning Services)
8. 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)
9. The applicant or operator shall comply with the approved Decommissioning Plan.
10. 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.
11 . The property owner shall control noxious weeds on the site. (Department of Public Works)
12. 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)
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
14. 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)
15. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
RESOLUTION USR18-0104
ANNA HILL, 0/O OUTRIGGER DJ OPERATING, LLC
PAGE 8
16. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works
18. 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)
19. 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)
20. 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)
21 . 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)
22. 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)
23. 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)
24. 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)
25. 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)
26. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
27. 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)
28. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
29. 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)
RESOLUTION USR18-0104
ANNA HILL, 0/O OUTRIGGER DJ OPERATING, LLC
PAGE 9
30. 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)
31 . The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
32. 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)
33. 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)
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 issued on the proposed lots will be required to adhere to the fee structure of the County-
wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. (Department of Planning)
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 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.
40. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
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.
RESOLUTION USR18-0104
ANNA HILL, CIO OUTRIGGER DJ OPERATING, LLC
PAGE 10
41 . WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County 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.
Pc mina-vs EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING ,Alf It &tae
Tuesday, December 4, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes. at 12: 30 pm .
Roll Call.
Present: Bruce Johnson , Elijah Hatch, Gene Stifle, Lonnie Ford , Michael Wailes, Richard Beck, Tom Cope.
Absent/Excused : Bruce Sparrow, Skip Holland.
Also Present: Kim Ogle, Chris Gathman, and Michael Hall, Department of Planning Services; Lauren Light
and Ben Frissell. Department of Health; Evan Pinkham , Mike McRoberts and Hayley Balzano, Public
Works; Frank Haug , County Attorney . and Kris Ranslem . Secretary.
Skip Holland entered the meeting at 1 : 15 pm.
CASE NUMBER: USR18-0104
APPLICANT. ANNA HILL, C/O OUTRIGGER DJ OPERATING , LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND
GAS SUPPORT AND SERVICE INCLUDING SIX (6) GAS COMPRESSORS AND
RELATED EQUIPMENT, ONE (1 ) UP TO SEVENTY (70) FEET IN HEIGHT
SECURE COMMUNICATIONS TOWER, AND UP TO FIVE (5) CONSTRUCTION
OFFICE TRAILERS AND TEN ( 10) CONEX CONTAINERS FOR USE DURING
THE CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: SUBX18-0034 BEING PART OF THE SE4SE4 OF SECTION 26, T8N . R61W OF
THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION : APPROXIMATELY 700 FEET NORTH OF CR 88: WEST OF AND ADJACENT TO
CR 95.
Kim Ogle, Planning Services, presented Case USR18-0104, reading the recommendation and comments
into the record . The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Hayley Balzano. Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. A Road Maintenance Agreement will be required.
Ben Frissell , Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control , and the Waste Handling Plan .
Cody Kerrigan . Outrigger DJ Operating , LLC, 1200 17'x' Street, Denver. Colorado, said that this facility will
be used to compress natural gas from their nearby wells in order to deliver gas at high pressure to the
Outrigger McKenna Plant for processing. After the gas is compressed it will be dehydrated before being
discharged into the pipeline going to the McKenna Plant. He added that they plan to begin operations in
April 2019.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case USR18-0104 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Tom Cope, Seconded by Elijah Hatch .
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
1
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 5:34 pm.
Respectfully submitted,
461,605H11-- talAt
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD •
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