HomeMy WebLinkAbout20180491.tiffPlanner:
C. Gathman
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: February 6,
2018
Case Number: USR17-0046
Applicant: Kerr McGee Oil and Gas Onshore, LP
Address: 1099 18th Street, Suite 1800, Denver, CO. 80202
Representative: Nathan Keiser
Request:
Legal
Description:
A Site -Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support and Service Facility (temporary storage and stockpile area for soil, hay
bales and construction equipment for offsite well locations and associated oil and gas
production facilities) in the A (Agricultural) Zone District.
Part SW4 of Section 23, T2N, R67W of the 6th PM, Weld County, Colorado
Location: North of and adjacent to County Road 18 and east of and adjacent to County Road 21.
Size of Parcel: +1- 149. 94 acres (stockpile Parcel No. 131123000009
area: +1- 6.75 acres)
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:
) City of Fort Lupton, referral dated 11/21/2017
) Weld County Department of Public Works, referral dated 12/8/2017
Weld County Department of Public Works - Traffic Impact Study review, referral dated 11/29/2017
) Weld County Department of Public Health and Environment, referral dated 11/14/2017
Weld County Department of Planning Services - Engineer, referral dated 12/1/2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated 10/26/2017
Weld County School District RE -8, referral dated 10/27/2017
Weld County Sheriff's Office, referral dated 11/17/2017
Town of Frederick, referral dated 10/26/2017
Fort Lupton Fire Protection District, referral dated 11/21/2017
The Department of Planning Services' staff has not received responses from the following agencies:
Department of Public Works - Access
Weld County Department of Building Inspection
Office of Emergency Management
USR17-0046 KERR MCGEE OIL AND GAS ONSHORE 1
Colorado Parks and Wildlife
Town of Firestone
)0 Platte Valley Soil Conservation District
USR17-0046 KERR MCGEE OIL AND GAS ONSHORE 2
Planner:
C. Gathman
Case Number: USR17-0046
Applicant:
Address:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kerr McGee Oil and Gas Onshore, LP
Hearing Date: February 6,
2018
1099 18th Street, Suite 1800, Denver, CO. 80202
Representative: Nathan Keiser
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
A Site -Specific Development Plan and Use by Special Review Permit for an Oil and
Gas Support and Service Facility (temporary storage and stockpile area for soil, hay
bales and construction equipment for offsite for offsite well locations and associated oil
and gas production facilities) in the A (Agricultural) Zone District.
Part SW4 of Section 23, T2N, R67W of the 6th PM, Weld County, Colorado
North of and adjacent to County Road 18 and east of and adjacent to County Road 21.
+1- 149.94 acres (stockpile Parcel No. 131123000009
area: +1- 6.75 acres)
Kerr-McGee Oil and Gas Onshore is proposing a storage area for soil, haybales and other constrtion
materials to be stored until used offsite for oil and gas operations. These materials and equipment will be
used for construction of well locations and production facilities. These materials and equipment are
transported via trucks to various oil and gas drilling operations in the general vicinity. No permanent
employees are associated with the operation. The site, however, maybe visited by one (1) Kerr-McGee
employees on a daily basis. Bottled water and a portable toilet are proposed. Truck traffic (larger
hydrovac and transportation vehicles) is contingent on operations in the area (so it is sporadic). The
applicant has supplied a traffic study that estimates a daily average of 30 trips per day for the site. The
application indicates that the storage and stockpile area (during peak times) will operate from 7 AM to 6
PM (unless there is an emergency.
The stockpile area is approximately 6.75 acres and is located adjacent to a Centralized Exploration &
Production Waste Management Facility that is allowed as a use by right (this facility was approved by the
Colorado Oil and Gas Conservation Commission) COGCC.
This application is in response to a zoning violation under case # ZCV17-00128 initiated due to
stockpiling of soil for on and off -site improvements without first completing Weld County Zoning Permits. It
is staff's policy to no longer accept staff initiated complaints. As required for violation cases, the applicant
held a community meeting with surrounding/nearby property owners prior to submitting the USR
application.
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
USR17-0046 KERR MCGEE OIL AND GAS ONSHORE
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 in an area that can support such development, and should attempt to be
compatible with the region"
There are existing oil and gas support and commercial uses in the surrounding area.
The proposed stockpile facility is located next to an Centralized Exploration &
Production Waste Management Facility on the same parcel, an existing RV storage
facility (U SR13-0051) is located to the southwest and west of the site and a USR for a 75
space RV Park and outdoor storage area for vehicles, boats, trailers, cars and other
miscellaneous items is located to the southwest of the facility and a compressor station
facility (for up to eight compressors) approved under USR14-0015 is located to the west
of the site.
A road maintenance agreement and improvements agreement is required as a condition
of approval to address impacts to county roads along the haul route (including dust
control, tracking control, damage repair and future traffic triggers for improvements).
Additional development standards and conditions of approval are attached including
prohibiting the parking or staging of vehicles on County Road right-of-way and requiring
screening of equipment to be stored on site.
Section 22-2-100 A.2 OG.Policy 1.2. states "Oil and gas support facilities which do not
rely on geology for locations should locate in commercial and industrial areas, when
possible, and should be subject to review in accordance with the appropriate sections of
this Code."
The facility is located adjacent
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. A road maintenance agreement and improvements
agreement is required as a condition of approval to address impacts to county roads
along the haul route (including dust control, tracking control, damage repair, specified
haul routes and future traffic triggers for improvements). Additional development
standards prohibiting the parking or staging of vehicles on County Road right-of-way and
requiring screening of equipment to be stored on site.
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 provides for a Site Specific Development
Plan and Special Review Permit for Mineral Resource Development facilities (Oil and
Gas Support and Service Facilities including temporary storage and stockpile area for
soil, hay bales and construction equipment for offsite well locations and associated oil
and gas production facilities) in the A (Agricultural) Zone District.
Section 23-3-1' 0 - Intent states: "The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than uses Allowed by Right."
The proposed use is in an area that can support this development and the Development
USR17-0046 KERR MCGEE OIL AND GAS ONSHORE 4
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. A road maintenance agreement and improvements agreement is required
as a condition of approval to address impacts to county roads along the haul route
(including dust control, tracking control, damage repair and future traffic triggers for
improvements). Additional development standards and conditions of approval prohibiting
the parking or staging of vehicles on County Road right-of-way and requiring screening of
equipment to be stored on site are attached as well.
C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The facility is located approximately 1,500 feet to the northwest of the nearest residence
and approximately 1,800 feet to the northeast of the next nearest residence. Some
additional residences are located further to the east (off of County Road 18) and
residences to the north are approximately 2,400 feet from the stockpile facility site. The
site is adjacent to an existing Centralized & Production Waste Management Facility (mud
farm) that is allowed as a use by right. A USR (USR13-0051) for a 75 space RV Park
and outdoor storage area for vehicles, boats, trailers, cars and other miscellaneous items
is located to the southwest of the facility and a compressor station facility (for up to eight
compressors) approved under USR14-0015 is located to the west of the site.
Staff has received multiple photos and e -mails and phone calls from an adjacent property
owner to the southeast of the site and another property owner approximately 1,500 to the
east of the site. The main concerns outlined in the phone calls and e -mails dealt with the
amount of traffic, dust, noise and road impacts. One of the surrounding property owners
feels that the county road should be paved as a requirement of the USR. Staff has had
multiple conversations with Kerr McGee and have been told that there has been no
hauling from the soil stockpile facility since the USR application was submitted in October
2017. However, there is still ongoing truck traffic associated with the use by right
Centralized Exploration & Production Waste Management Facility (mud farm) on the
same property.
A road maintenance agreement and improvements agreement is required as a condition
of approval to address impacts to county roads along the haul route (including dust
control, tracking control, damage repair and future traffic triggers for improvements).
Additional development standards and conditions of approval prohibiting the parking or
staging of vehicles on County Road right-of-way and requiring screening of equipment to
be stored on site are attached as well.
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 Town of Firestone/Weld County Cooperative Planning
Agreement boundary and referral area as well as the Fort Lupton/Weld County
Cooperative Planning Agreement boundary. Staff received an e-mail dated 9/18/2017
indicating that the Town of Firestone had no comments as it is two (2) miles from town
limits and does not include any town roadways. Staff confirmed via phone with the City of
Fort Lupton Planner that they had discussions with Kerr McGee regarding this application
prior to setting up the case on 10/25/2017 as required per the Cooperative Planning
Agreement. The representative for Kerr McGee indicated that they were not interested in
annexation at this time.
The site is located within the three (3) mile referral area of the City of Fort Lupton and the
USR17-0046 KERR MCGEE OIL AND GAS ONSHORE
5
Town of Frederick. The City of Fort Lupton in their referral comments, dated November
21, 2017 indicated that they would like to discuss the option of annexation or pre-
annexation agreement with the applicant. The Town of Frederick, in their referral dated
October 26, 2017, indicated no conflicts with their interests. No referral response has
been received from the Town of Firestone.
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 and will
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 6.75 acres on a larger 149.94 acre
parcel delineated as "Other" per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map.
O. 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 plat:
A. The applicant shall address the comments of the City of Fort Lupton, as stated in the
referral response dated 11/21/2017. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services. (City of Fort Lupton)
B. An Erosion Control Plan, stamped and signed by a Professional Engineer registered in the
State of Colorado shall be submitted prior to recording the USR Map. (Department of
Planning Services - Engineer)
C An Improvements and Road Maintenance Agreement is required for offsite improvements
at this location. Road maintenance including, but not limited to dust control, tracking
control, damage repair, specified haul routes and future traffic triggers for improvements
will be included. (Department of Public Works)
D A screening plan shall be submitted for review and approval by the Department of Planning
Services. Equipment and materials (other than hay bales or soil) shall be screened from
adjacent properties. (Department of Planning Services)
E. A written request to vacate SUP -62. SUP -62 shall be vacated by the Board of County
Commissioners prior to recording the plat. (Department of Planning Services)
USR17-0046 KERR MCGEE OIL AND GAS ONSHORE 6
F The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0046 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
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)
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)
6. The approved Screening Plan. (Department of Planning Services)
7. The applicant shall show the drainage flow arrows. (Department of Planning
Services -Engineer)
8. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
9. County Road 21 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)
10. County Road 18 is a gravel road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-
of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Public Works)
11. Show and label the approved access(es) (APXX-XXXXX), XX), and the appropriate
turning radii (60') on the site plan. (Department of Public Works)
12. Show and label the approved tracking control on the site plan. (Department of Public
Works)
13. 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)
14. 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)
USR17-0046 KERR MCGEE OIL AND GAS ONSHORE
7
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARM
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
7 The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR17-0046 KERR MCGEE OIL AND GAS ONSHORE
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr McGee Oil and Gas Onshore, LP
USR17-0046
1. A Site -Specific Development Plan and Use by Special Review Permit, USR17-0046, for A Site -
Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and
Service Facility (temporary storage and stockpile area for soil, hay bales and construction equipment
for offsite well locations and associated oil and gas production facilities) in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation (vehicles accessing or leaving the site) shall be 7 AM to 6 PM. However, in
the event of an emergency, vehicles will access the site outside of those hours. (Department of
Planning Services)
4. The parking area on the site shall be maintained. (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 existing screening/berming on the south side of the site shall be maintained. (Department of
Planning Services)
7. 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)
8. 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 80-20-100.5, C.R.S. (Department of Public Health and Environment)
9. 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)
10. 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)
11. 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)
12. 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)
USR17-0046 KERR MCGEE OIL AND GAS ONSHORE 9
13. 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)
14. 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)
15. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
16. 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)
17. 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)
18. The property owner shall control noxious weeds on the site. (Department of Public Works)
19. 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)
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
22. Weld County is not responsible for the maintenance of onsite erosion control features. (Department of
Planning Services - Engineer)
23. 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)
24. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
25. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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
USR17-0046 KERR MCGEE OIL AND GAS ONSHORE 10
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.
28. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
29. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Public
Health and Environment)
31. 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.
32. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
USR17-0046 KERR MCGEE OIL AND GAS ONSHORE 11
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR17-0046 KERR MCGEE OIL AND GAS ONSHORE
January 12, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
ANADARKO E&P COMPANY LP
1099 18TH ST STE 1800
DENVER, CO 802021918
Subject: USR17-0046 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility (temporary storage and stockpile area for soil, hay bales and
construction equipment for offsite well locations and associated oil and gas production facilities) in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
SW4 SECTION 23, T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 6, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 21, 2018
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
October 26, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
ANADARKO E&P COMPANY LP
1099 18TH ST STE 1800
DENVER, CO 802021918
Subject: USR17-0046 - A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Support and Service Facility (temporary storage and stockpile area for soil, hay bales and
construction equipment for offsite well locations and associated oil and gas production facilities) in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
SW4 SECTION 23, T2N, R67W 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:
Firestone at Phone Number 303-833-3291
Frederick at Phone Number 720-382-5500
Fort Lupton at Phone Number 303-857-6694
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,
Y l
Chris Gathman
Planner
1
FIELD CHECK
inspection dates: 1/26/2018
APPLICANT: Kerr McGee Oil and Gas Onshore, LP
CASE #: USR17-0046
REQUEST: A Site -Specific Development Plan and Use by Special Review Permit for an Oil and Gas
Support and Service Facility (temporary storage and stockpile area for soil, hay bales and
construction equipment for offsite well locations and associated oil and gas production
facilities) in the A (Agricultural) Zone District.
LEGAL: Part SW4 of Section 23, T2N, R67W of the 6th PM, Weld County, Colorado
LOCATION: North of and adjacent to County Road 18 and east of and adjacent to County Road 21
PARCEL ID #s: 131123000009
ACRES: +/- 149.94 acres (Stockpile Area: +/- 6/5 acres)
Zoning
Land Use
N
A
N
Rural residential parcels (approx. 2,400 feet to north
of stockpile site)
E
A
E
O&G /undeveloped property - 2 residences approx.
1,800 feet to SE
S
A
S
USR13-0051 (75 space RV park/Storage)
W
A
W
Oil and Gas Production/USR14-0015 (compressor
station facility)
COMMENTS: Existing Oil and Gas production (wells and tank batteries) & E&P waste facility
(mud farm) on same property.
Chris Gathman - Planner III
Hello