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Kim Ogle
USR18-0090
LAND USE APPLICATION
SUMMARY SHEET
PRELIMINARY
Hearing Date: November 20, 2018
Coalbank Investment Partners, LLC, 1675 Broadway, Suite 2075, Denver CO 80202
c/o RimRock Energy Partners, LLC, 5956 Sherry Lane, Suite 825, Dallas TX 75225
A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service (16 gas compressors and
related equipment) a permanent laydown and storage yard, and up to 5 construction office
trailers and 5 conex containers for use during the construction of the facility in the A
(Agricultural) Zone District.
Lot D, RECX17-0012 being part of the NW4 of Section 8, Township 7 North, Range 66
West of the 6th P.M., Weld County Colorado
East of and adjacent to CR 27; south of and adjacent to CR 84
120 +/- acres Parcel Number: 0707-08-2-00-017
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses with comment from the following
agencies:
State of Colorado, Division of Water Resources, referral dated September 24, 2018
Weld County Planning — Floodplain, referral dated September 17, 2018
Weld County Department of Public Health and Environment, referral dated October 1, 2018
Weld County Department of Public Works, referral dated October 8, 2018
The Department of Planning Services' staff has received responses without comment from the following
agencies:
Water Supply and Storage Company, email dated September 5, 2018
Town of Ault, referral dated September 6, 2018
Weld County Zoning Compliance, referral dated September 12, 2018
Weld County Sheriff's Office, referral dated September 21, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Town of Severance
Town of Pierce
Kinder -Morgan Company
Colorado Parks and Wildlife
Ault -Pierce Fire Protection District
Weld County Building Department
West Greeley Conservation District
KN Wattenburg
Public Service of Colorado
Weld County Office of Emergency Management
Collins Lateral Ditch Company
Pierce Lateral Ditch Company
Coalbank Investment Partners, LLC — Severance Compressor Facility
USR18-0090, page 1
Planner:
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle
Hearing Date: November 20, 2018
USR18-0090
Coalbank Investment Partners, LLC, 1675 Broadway, Suite 2075, Denver CO 80202
c/o RimRock Energy Partners, LLC, 5956 Sherry Lane, Suite 825, Dallas TX 75225
A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service (16 gas compressors and
related equipment) a permanent laydown and storage yard, and up to 5 construction office
trailers and 5 conex containers for use during the construction of the facility in the A
(Agricultural) Zone District.
Lot D, RECX17-0012 being part of the NW4 of Section 8, Township 7 North, Range 66
West of the 61h P.M., Weld County Colorado
East of and adjacent to CR 27; south of and adjacent to CR 84
120 +/- acres Parcel Number: 0707-08-2-00-017
Narrative:
Coalbank Investment Partners, LLC, a subsidiary of NWC Development LLC is in the process of expanding
operations in Weld County, Colorado. The expansion project will include the addition of one gas processing
plant, compressors and interconnecting pipelines for the purpose of gathering raw natural gas and
preparing it for compression and insertion into commercial sales pipelines. This application only addresses
the Severance compressor station. Additional USR permit applications will be submitted for any future
compressor stations, gas plants and pipelines. The unmanned compressor station will be located in the
southeast quadrant on an approximate15-acre area within a 120 acre parcel developed for the facility. The
site will be fully fenced and the area inside the fence will be graveled. The area outside the fence will be re -
vegetated.
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.
Coalbank Investment Partners, LLC — Severance Compressor Facility
USR18-0090, page 2
Section 22-2-20.G A.Goal 7. states "County land use regulations should protect the individual
property owner's right to request a land use change."
The applicant acquired the property currently in dryland agriculture for the purpose of constructing a
gas compressor station. The proposed facility is located in close proximity to existing infrastructure.
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 land that Coalbank Investment Partners, LLC is proposing to convert to industrial use is non -
irrigated land that is located in a rural area where there is a significant amount of oil and gas activity
already occurring on adjacent properties. There are pipelines and associated improvements
proposed for this facility and are also in close proximity, specicially located near the intersection of
County Roads 27 and 84.
Section 22-2-20.H A.Goal 8. States "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for more
intensive development."
The proposed facility will be unmanned, with bottled water and port -a -lets utilized during construction
and removed post construction. Access to the facility is via an approved access point from County
Road 27.
Section 22-2-20.1 A.Goal 9. states "Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses."
The proposed facility is located on land being converted to an industrial use is currently non -irrigated
agricultural land adjacent more than 1500 feet from any residence on a site that slopes away from the
exsiting residential property.
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."
The site is located within the three-mile referral area of the Towns of Severance. Pierce and Ault.
The applicant has met with the communities to discuss this project prior to submitting this
application. Local and State referral agencies were contacted for their comments concerning this
proposed facility and as appropriate, their comments have been included in the staff
recommendation as a condition of approval or a development standard. Planning staff has not
received any correspondence or telephone calls concerning this application.
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 [Weld County] Code."
The proposed Severance Compressor Station site is located in a sparsely populated area of the
County where there is already a significant amount of oil and gas development. The site will utilize
piping to bring gas to the facility, thereby limiting truck traffic on area roads. While construction of the
site will generate some impacts because of the extra activity and trips to the site, once the facility
is constructed, the site and the impacts on the surrounding land will be minimal.
Coalbank Investment Partners, LLC — Severance Compressor Facility
USR18-0090, page 3
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 applicant will be required to create and obtain approval from the Ault -Pierce Fire Protection
District and Weld County Office of Emergency Management of an Emergency Action Plan for the
facility. The applicant indicates they have been in contact the Fire District to inform them about the
project and coordinate with them on an emergency action plan. An Emergency Information Sheet will
be distributed to the District every year with updated information.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District. Weld County Code, Chapter 23, Article III, 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.
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 property is generally flat with a slight slope to the south and east. This land is a Recorded
Exemption parcel created for this facility. Adjacent lands to the north include a 700 head dairy (SUP -
403), rural residential properties with outbuildings and vacant parcels of land for future development
created by Recorded Exemption; lands to the east have one rural residence and agricultural lands, to
the south are several rural residences and a 5000 head cattle and sheep confined animal operation
(AmSUP-205), lands to the west are vacant and in agriculture production. On all surrounding lands
are numerous oil and gas facilities, well heads and tank batteries present to the west and south of this
property. There are seventeen (17) property owners within five hundred feet of this proposed facility,
with the nearest residence being to the northwest of the property line approximately 1500 -feet from
the compressor site with three other residences located between 1700-200 feet from the Compressor
station facility. Staff has received one letter from an interested neighbor and no telephone calls or
electronic mail from surrounding property owners or interested parties.
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 Town of Ault in their referral dated September 6, 2018 stated they had reviewed the request
and find no conflicts with their interests. The Town of Severance and the Town of Pierce did not
provide a referral response.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The existing site is located within the Flood Hazard overlay district area. The property is not within the
Coalbank Investment Partners, LLC — Severance Compressor Facility
USR18-0090, page 4
Geologic Hazard, or Airport Overlay District. 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 15 acre
compressor site. 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. There is no irrigation water
associated with the use or the property, therefore no Prime Land has been taken out of production.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation
Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of health, safety, and welfare
of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
1. Prior to recording the USR map:
A. A Road Maintenance Agreement is required during construction 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 develop a Lighting Plan for review and acceptance. In accordance with the Weld
County Code. (Department of Planning Services)
D. The USR map shall be amended to delineate the following:
1. All sheets of the USR map shall be labeled USR18-0090 (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 27 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 84 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 location, approved access width and the appropriate turning
radii (60 -feet) on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
Coalbank Investment Partners, LLC — Severance Compressor Facility
USR18-0090, page 5
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. Show and label a 30 -feet minimum access and utility easement to provide legal access to the
parcel on the site plan. (Department of Public Works)
10. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and
shall include the calculated volume. (Department of Public Works)
11. Show the location and dimension of the facility sign. 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)
12. The lighting shall be shown on the map in accordance with Section 23-3-250.B.6 of the Weld
County Code. (Department of Planning Services)
13. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
2. Prior to Construction
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
B. A Flood Hazard Development Permit (FHDP) is required to be submitted and approved for any
development in the floodplain including the access road. (Department of Planning Services -
Floodplain)
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
Coalbank Investment Partners, LLC — Severance Compressor Facility
USR18-0090, page 6
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 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
three (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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Coalbank Investment Partners, LLC — Severance Compressor Facility
USR18-0090, page 7
Coalbank Investment Partners, LLC
Severance Compressor Station
USR18-0090
1. A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development
Facilities including Oil and Gas Support and Service (16 gas compressors and related equipment) a
permanent laydown and storage yard, and up to 5 construction office trailers and 5 conex containers for
use during the construction of the facility in the A (Agricultural) Zone District, 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. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
4. This is an unmanned facility. (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 visual mitigation and screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
7. The property owner shall control noxious weeds on the site. (Department of Public Works)
8. 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)
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
10. 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)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
12. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
13. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and the Environment)
17. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and the Environment)
18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and the Environment)
Coalbank Investment Partners, LLC — Severance Compressor Facility
USR18-0090, page 8
19. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and the
Environment)
20. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and the Environment)
21. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed
in Weld County and shall contain hand sanitizers. (Department of Public Health and the Environment)
22. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and the Environment)
23. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
sufficiently impervious to contain any spilled or released material. Secondary containment devices
shall be inspected at regular intervals and maintained in good condition. All secondary containment
will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the
provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of
Public Health and the Environment)
24. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and the Environment)
25. 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 the Environment)
26. 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 the Environment)
27. 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.
28. 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 the Environment)
29. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and the Environment)
30. 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 the Environment)
31. 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 the Environment)
Coalbank Investment Partners, LLC — Severance Compressor Facility
USR18-0090, page 9
32. 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)
33. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1225E effective date January 20, 2016 (Coalbank Creek Floodplain).
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services -
Floodplain)
34. FEMA's floodplain boundaries may be updated at any time by FE MA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
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
Coalbank Investment Partners, LLC — Severance Compressor Facility
USR18-0090, page 10
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
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.
Coalbank Investment Partners, LLC — Severance Compressor Facility
USR18-0090, page 11
October 15, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
ANNE BEST JOHNSON
1900 S SUNSET ST STE 1-E
LONGMONT, CO 80501
Subject: USR18-0090 - A Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (sixteen (16) gas
compressors and related equipment) a permanent laydown and storage yard, and up to five (5)
construction office trailers and five (5) conex for use during the construction of the facility in the A
(Agricultural) Zone
On parcel(s) of land described as:
NW4 SECTION 8, T7N, R66W LOT D REC EXEMPT RECX17-0012 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 20, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December
12, 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 Og
Planner
FIELD CHECK - USR18-0090
Inspection Date: November 1, 2018
Applicant: Coalbank Investment Partners, LLC, 1675 Broadway, Suite 2075, Denver CO 80202
c/a RimRock Energy Partners, LLC, 5956 Sherry Lane, Suite 825, Dallas TX 75225
Request: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (16 gas
compressors and related equipment) a permanent laydown and storage yard, and up to 5
construction office trailers and 5 conex containers for use during the construction of the
facility in the A (Agricultural) Zone District.
Legal Lot D, RECX17-0012 being part of the NW4 of Section 8, Township 7 North, Range 66
Description: West of the 61h P.M., Weld County Colorado
Location: East of and adjacent to CR 27; south of and adjacent to CR 84
Zoning
Land Use
N
AGRICULTURE
N
Production agriculture
E
AGRICULTURE
E
Production agriculture and rural residence
S
AGRICULTURE
S
Production agriculture with Extraction Production site
W
AGRICULTURE
W
Production agriculture with rural residence
Comments:
The property is located off County Road 84 a gravel road and County Road 27 a gravel road. The
access road crosses wetlands. The site is located to the eastern edge of the property in the middle of the
Section. The nearest residence is to the northwest from the site with a second residence located
southwesterly across CR 27 approximately 0.5 miles from the compressor site. The general area has
limited residential development and is in agriculture with oil and gas encumbrances.
County Road 84 is graveled. Access is from County Road 27 approximately .1200 feet south of County
Road 84
Signature
❑ Access to Property, not existing
o Site Distance, good visibility
o Oil & Gas Structures on adjacent property
o Topography, top of hil slopes to south
Note any commercial business/commercial vehicles that are operating from the site.
Hello