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C. Gathman
Case Number: USR18-0061
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Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: November 20, 2018
Elevation Midstream, LC C/O Kevin Williams
A Site -Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support and Service Facility (Central Gathering Facility to receive produced water,
oil and gas, including a Centralized Exploration & Production (E&P) Waste
Management facility for produced water along with a compressor station facility) in the
A (Agricultural) Zone District.
Lot B of Recorded Exemption RE -1306; located in Part of the NE4 of Section 30, Ti N,
R67W of the 6'" PM, Weld County, Colorado
South of and adjacent to County Road 6 and West of and adjacent to County Road 15.
+/- 152.84 acres Parcel No. 1469-30-0-00-046
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:
y
Weld County Department of Public Health and Environment, referral dated 9/4/2018
Weld County Department of Public Works, referral dated 8/28/2018
Town of Erie, referral dated 8/27/2018
State of Colorado, Division of Water Resources, referral dated 8/14/2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
VVVV'V°V
Weld County Zoning Compliance, referral dated 2018
Colorado Parks and Wildlife, referral dated February 8, 2018
Weld County Sheriff's Office, referral dated March 2, 2018
City of Northglenn, referral dated 8/2/2018
Colorado Department of Transportation (CDOT), referral dated 7/30/2018
Weld County School District RE -8, referral dated 7/31/2018
The Department of Planning Services' staff has not received responses from the following agencies:
Galeton Fire Protection District
y North Weld County Water District
y West Greeley Conservation District
USR18-0061 — Elevation Midstream, LLC
Page 1
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Case Number:
Applicant:
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Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
C. Gathman
USR18-0061
Elevation Midstream, LLC C/O Kevin Williams
Hearing Date: November 20, 2018
A Site -Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support and Service Facility (Central Gathering Facility to receive produced water,
oil and gas, including a Centralized Exploration & Production (E&P) Waste
Management facility for produced water along with a compressor station facility) in the
A (Agricultural) Zone District.
Lot B of Recorded Exemption RE -1306; located in Part of the NE4 of Section 30, Ti N,
R67W of the 61h PM, Weld County, Colorado
South of and adjacent to County Road 6 and West of and adjacent to County Road 15.
-F/- 152.84 acres Parcel No. 1469-30-0-00-046
The applicant, a subsidiary of XTR Midstream, is proposing to construct a Central Gathering Facility. The
facility will receive produced water and oil and gas from production well pads. The proposed capacity for
the facility is 40,000 barrels of oil per day (bpd) with the ability to expand up to 60,000 bpd. A total of
20,000 - 50,000 bpd of produced water is planned to be received, treated at an on -site treatment facility
and discharged from the site.
The applicant is also planning on building a 175 -million cubic feet per day (cfd) Compressor Station with
the ability to expand to 350 -million cfd. This compressor station will be located on the same property (to
the south of the central gathering facility and is proposed to be functionally independent of the Central
Gathering Facility. The compressor will be located inside of sound buffering structures and the
compressors will be electrical to help further mitigate noise. Electrical power to the facility is proposed to
be provided by a 230kV/24.9kV substation and a 230 kV transmission line connection to the existing 230
kV Sipres-Erie Transmission line that runs through the middle of this property. The substation and
transmission line connection are being applied for as a Non -1041 Major Facility of a Public Utility
application (USR18-0109).
The facility will be operated 24 -hours a day, 365 days a year by 3-5 full-time employees. Part-time
employees will be utilized on -site on a limited basis for maintenance and operational needs. A permanent
water supply will be required (due to having more than 2 full-time employees) along with a septic system.
The application indicates that earthen berms and tree plantings will be for visual screening/mitigation of
the proposed facilities from adjacent roads and residences. Trees utilized will be a combination of
deciduous and evergreen trees.
The applicant has had ongoing dialogue with the neighbors including a neighborhood meeting that was
held on 2/13/2018.
The applicant has submitted a lighting plan, a noise abatement plan and a communication plan with the
application.
USR18-0061 — Elevation Midstream, LLC
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DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.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 an area that can support such development, and should attempt to be compatible
with the region."
The proposed facility is located on land delineated as "Prime (Irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The application
indicates that land on the site not covered by the facilities will be leased for farming. The
proposed gathering facility and compressor station will encompass approximately 65
acres of the entire 152 -acre property. Conditions of Approval and Development
Standards (including a Landscape and Screening Plan, maximum noise standards,
Lighting Plan, Emergency Action and Safety Plan) are attached to address impacts
associated with the proposed use.
Section 22-5-100 A (OG Goal 1) states: "Promote the reasonable and orderly exploration
and development of oil and gas mineral resources."
The proposed facility will concentrate the collection of petroleum products and process
water from multiple oil and gas wells within the vicinity of the proposed location.
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."
Conditions of Approval and Development Standards (including a Landscape and
Screening Plan, maximum noise standards, Lighting Plan, Emergency Action and Safety
Plan) are attached to address impacts associated with the proposed use.
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."
An Emergency Action and Safety Plan and a Communication Plan are required to be
submitted and implemented for this facility.
Section 22-2-20 15 (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 applicant has had ongoing meetings and discussions with neighboring property
owners to discuss/address impacts associated with this facility.
The proposed use is in an area that can support this development and the proposed
landscaping and screening, the Development Standards, and the Conditions of Approval
will assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
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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 delineates Oil and gas Support Facilities (including central gathering
facilities and compressor stations) as a Use by Special Review 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 Use by Special Review which have been determined to
be more intense or to have potentially greater impact than Uses Allowed by Right."
The facility location is based on proximity to existing oil and gas wells in the area. The
attached Conditions of Approval and Development Standards (including a Landscape
and Screening Plan, Communications Plan, maximum noise standards, Lighting Plan,
Emergency Action and Safety Plan) will adequately address the impacts associated with
the proposed use.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The proposed gathering facility/compressor station is located on an agricultural parcel
that has four (4) producing oil and gas wells in various locations on the property along
with one (1) abandoned well and one (1) plugged and abandoned well. There are four (4)
single family residences located immediately to the northwest, north and northeast of the
property. Also, a residence is located across the street from the southeastern corner of
the property. A Use by Special Review Permit for truck parking (USR-1669) is located to
the northwest of the property.
Two phone calls were received from a surrounding property owner who had some
questions about the gathering facility and the location of the associated substation.
The applicant has had several conversations and meetings with surrounding property
owners regarding this application. One surrounding property owner complimented the
applicant on their outreach and communication with the surrounding property owners
regarding this land use request.
Conditions of Approval and Development Standards (including a Landscape and
Screening Plan, maximum noise standards, Lighting Plan, Emergency Action and Safety
Plan) are attached to address impacts associated with the proposed use and will
adequately address compatibility with the surrounding 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 City of Dacono, Town of Erie
and the City of Northglenn. The site is not located within a Cooperative Planning
Agreement boundary of a municipality.
The Town of Erie in their referral comments, dated 8/27/2018 indicated that they had
concerns with traffic impacts at Interstate 25 and Erie Parkway (County Road 8) and
requested to see any traffic impact study associated with this use. A traffic narrative was
submitted with the application. A traffic impact study was not required because the traffic
associated with this proposed use did not trigger a traffic study.
The City of Northglenn, in their referral dated 8/2/2018, indicated no conflicts with their
interests.
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No referral response has been received from the City of Dacono in regards 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.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 152.84 acres delineated as "Prime
(Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The property is presently not irrigated. The application indicates that agricultural
land outside of the footprint of the gathering facility and compressor station will be leased
to a local farmer through contract agreement.
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. An Improvements and Road Maintenance Agreement is required for off -site improvements
at this location. Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. (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 address the requirements of the Colorado Division of Water Resources,
as stated in the referral response dated 8/14/2018. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
D. The applicant shall attempt to address the comments of the Town of Erie, as stated in the
referral response dated 8/27/2018. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
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E. A Landscape/Screening Plan to mitigate visual impacts shall be submitted to the
Department of Planning Services for review and approval. The landscape and screening
plan shall identify the size and type of trees and plantings. The height of the berms shall be
identified. (Department of Planning Services)
F. The applicant shall submit an updated Communication Plan shall be submitted to the
Department of Planning Services for review and approval. The Communications Plan shall
address ongoing communication processes with area property owners and reviewed
annually with input from area property owners. (Department of Planning Services)
G. The applicant shall submit an updated Lighting Plan to the Department of Planning
Services for review and approval. The Lighting Plan shall address the ability to manually
control (shut-off) lighting for those areas that are not in use. (Department of Planning
Services)
H. The applicant shall submit an updated Noise Abatement Plan shall be submitted to the
Department of Planning Services and Department of Public Health and Environment for
review and approval. The updated Noise Abatement Plan shall address the noise data
obtained from the noise modeling report. (Department of Planning Services)
I. A Decommissioning Plan shall be submitted to the Department of Planning Services for
review and approval. (Department of Planning Services)
J. An irrigation plan shall be provided to the Department of Planning Services delineating how
the proposed landscaping for the facility will be irrigated. (Department of Planning Services)
K. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0061. (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)
5. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
6. The map shall delineate the lighting which shall adhere to the Weld County Code and
the dark sky policy. (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 15 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)
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10. County Road 6 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-
of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Public Works)
11. 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)
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. 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)
14. The applicant shall show the drainage flow arrows. (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)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The applicant shall
be responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
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 Public Works)
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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. Prior to the issuance of the Certificate of Occupancy:
A. An on -site waste -water treatment system is required for the proposed facility and shall be
installed according to the Weld County On -site Waste -water Treatment System Regulations.
The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County On -site Waste -water Treatment System Regulations.
(Department of Public Health and Environment)
B. Documentation shall be provided showing the facility has a permanent, adequate water
supply for drinking and sanitary purposes. (Department of Public Health and Environment)
C. Documentation showing the facility has an approved Design and Operations plan approved
by the Colorado Oil and Gas Commission (COGCC). (Department of Public Health and
Environment)
8. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Elevation Midstream, LLC
USR18-0061
1. A Site -Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and
Service Facility (Central Gathering Facility to receive produced water, oil and gas, including a
Centralized Exploration & Production (E&P) Waste Management facility for produced water along with
a compressor station facility) in the A (Agricultural) Zone District) in the A (Agricultural) Zone District.
(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 (7) days a week, as stated in the application
materials. (Department of Planning Services)
4. The maximum number of on -site employees will be (5), as stated in the application materials.
(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
Landscaping/Screening Plan. (Department of Planning Services)
8. The operator shall comply with the approved Communication Plan. (Department of Planning
Services)
9. The operator shall comply with the approved Lighting Plan. (Department of Planning Services)
10. The operator shall maintain compliance with the approved Noise Abatement Plan. (Department of
Planning Services)
11. The operator shall maintain compliance with the approved Decommissioning Plan. (Department of
Planning Services)
12. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties and
incorporate Dark Sky Standards. 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)
13. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15' 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)
14. 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)
15. 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)
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16. The facility shall comply with the Colorado Oil and Gas Conservation Commission (COGCC)
regulations pertaining to Centralized E&P Waste Management Facilities. Only E&P wastes,
generated by the operator, are allowed to be recycled at the facility. (Department of Public Health and
Environment)
17. 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)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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)
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 Rules and/or the
provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of
Public Health and Environment)
24. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
25. 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)
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)
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28. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
29. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
30. 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)
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. The property owner shall control noxious weeds on the site. (Department of Public Works)
35. 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)
36. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
37. 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)
38. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
39. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
40. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
41. 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 2017 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)
42. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
43. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
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44. 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. (Department of Planning Services)
45. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
46. 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.
47. 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
USR18-0061 — Elevation Midstream, LLC
Page 12
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.
USR18-0061 — Elevation Midstream, LLC
Page 13
October 23, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
WILLIAMS KEVIN
370 17TH ST STE 5300
DENVER, CO
Subject: USR18-0061 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility (Central Gathering Facility to receive produced water, oil and gas
along with a compressor station facility) in the A(Agricultural) Zone District.
On parcel(s) of land described as:
PART NE4 SECTION 30, T1 N, R67W LOT B REC EXEMPT RE -1306 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
5, 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,
Chris Gathman
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
July 30, 2018
WILLIAMS KEVIN
370 17TH ST STE 5300
DENVER, CO
Subject: USR18-0061 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility (Central Gathering Facility to receive produced water, oil and gas
along with a compressor station facility) in the A(Agricultural) Zone District.
On parcel(s) of land described as:
PART NE4 SECTION 30, T1N, R67W LOT B REC EXEMPT RE -1306 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:
Dacono at Phone Number 303-833-2317
Erie at Phone Number 303-926-2700
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,
(C11.44
Chris Gathman
Planner
From: Chris Gathman
To: "Kaler, Selina"; Matthew Eyser
Subject: RE: Attorneys are out of town for training we are rescheduling our staff meeting until Tuesday 6/12
Date: Tuesday, June 12, 2018 2:44:25 PM
Selina,
The number of support structures will not change the determination. As I understand it you are
running a 230 kV line off of an existing 230 kV line. There is no "transition" in voltage where the line
ties into the Erie -Henry Lake Line. Also, you had indicated no further lines are planned to extend
from the Arnold Substation.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue
tel:: 970-400-3537
fax.• 970-400-4098
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Koler, Selina [mailto:skoler@tristategt.org]
Sent: Tuesday, June 12, 2018 2:20 PM
To: Chris Gathman <cgathman@weldgov.com>; Matthew Eyser <meyser@extractionog.com>
Subject: RE: Attorneys are out of town for training we are rescheduling our staff meeting until
Tuesday 6/12
Thanks, Chris. Will this change if there ends up being 3 structures?
From: Chris Gathman [mailto:cgathmanCaweldgov.com]
Sent: Tuesday, June 12, 2018 2:04 PM
To: Koler, Selina; Matthew Eyser
Subject: [EXTERNAL] RE: Attorneys are out of town for training we are rescheduling our staff meeting
until Tuesday 6/12
Selina & Matthew,
We discussed this in our meeting this morning. In looking at the code definitions fall under the Major
Facility of a Public Utility requirements outlined in Chapter 23 of the Weld County code. The
powerline and substation will require a USR. However, the good news is that a 1041 USR (as outlined
in Chapter 21) will not be required. I see no issue with including the substation and powerline under
one application.
This process requires 1 (one) hearing before the Planning Commission. No Board of County
Commissioners hearing is required.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue
tel:: 970-400-3537
fax: 970-400-4098
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Koler, Selina [mailto:skoler@tristategt.org]
Sent: Tuesday, June 12, 2018 9:54 AM
To: Chris Gathman <cgathman@weldgov.com>; Matthew Eyser <meyser@extractionog.com>
Subject: RE: Attorneys are out of town for training we are rescheduling our staff meeting until
Tuesday 6/12
Hi Chris,
We are still working on the exact placement of the substation with Elevation, but here is a
description of our facilities that you can provide to the attorneys at your meeting today (if it isn't too
late).
The Arnold Substation will be served from Tri-State's existing Erie — Henry Lake 230 kV line. This line
shares double circuit structures with WAPA's 115 kV Erie — Hoyt 115 kV line. A new double circuit
line 230 kV will be constructed from the existing line ROW to the Arnold Substation site, using 1-2
new structures, and will loop through the substation. Arnold Substation will contain sectionalizing
breakers in either a ring bus or breaker and a half configuration that will divide the Erie Henry Lake
230 kV line into two lines: Erie — Arnold and Arnold — Henry Lake. Arnold Substation will contain two
230-24.9 kV 100 MVA transformers to exclusively serve the oil and gas facility. No future lines are
planned to extend from Arnold to another location at this time.
Tri-State and Elevation are still negotiating the land ownership of the substation, but at a minimum a
permanent exclusive easement for the substation property will be needed. It's possible that the land
could be purchased in -fee (less than 35 acres).
It is not yet know how many transmission line structures will be needed, but there will be at least
two (one outside of the substation and one off of the existing line). The final alignment will
determine if additional structures are required.
Thanks,
Selina
Seeing Xaee4
Senior Transmission Siting & Environmental Planner
Direct: 303.254.3720
Cell: 303.229.3207
skoler@tristategt.org
TRI -STATE
rc
www.tristategt.org
From: Chris Gathman [mailto:cgathmanweldgov.com]
Sent: Thursday, June 07, 2018 4:09 PM
To: Matthew Eyser; Koler, Selina
Subject: [EXTERNAL] Attorneys are out of town for training we are rescheduling our staff meeting until
Tuesday 6/12
Dear Matt and Selena,
I was informed today that our Attorneys our out of the office for the remainder of this week. I want
their input on what we discussed yesterday. I am in the process of rescheduling our staff meeting to
the earliest time available to folks next week — which appears to be Tuesday 6/12. At this meeting
we will discuss the permitting process/questions that were brought up.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue
tel: 970-400-3537
fax: 970-400-4098
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
FIELD CHECK
inspection dates: 2/9/2018 & 3/10/2018
APPLICANT: Elevation Midstream, LC C/O Kevin Williams
CASE #: USR18-0061
REQUEST: A Site -Specific Development Plan and Use by Special Review Permit for an Oil and Gas
Support and Service Facility (Central Gathering Facility to receive produced water, oil and
gas, including a Centralized Exploration & Production (E&P) Waste Management facility for
produced water along with a compressor station facility) in the A (Agricultural) Zone District.
LEGAL: Lot B of Recorded Exemption RE -1306; located in Part of the NE4 of Section 30, T1 N,
R67W of the 6'h PM, Weld County, Colorado
LOCATION: South of and adjacent to County Road 6 and West of and adjacent to County Road 15.
PARCEL ID #s: 1469-30-0-00-046
ACRES:
+/- 152.84 acres
Zoning
Land Use
N
A
N
2 SF residences/Cropland
E
A
E
1 SF residence to NE and 1 SF residence to
SE/Cropland
S
A
S
Cropland
W
A
W
Cropland
COMMENTS:
Existing transmission line crosses property from E/W. Four producing O&G wells on property. Drainage
way crosses property in a NW/SE direction on southern half of property.
/c
v3WLtrry�r
Chris Gathman - Planner III
Hello