HomeMy WebLinkAbout20181935.tiffPlanner:
C. Gathman
Case Number: USR18-0019
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
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LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: June 5, 2018
Kerr McGee Gathering, LLC
1099 18t" Street, Suite 1800, Denver CO 80202
Nathan Keiser
A Site -Specific Development Plan and Use by Special Review Permit for a Natural Gas
Processing Plant; two (2) 24 -inch and one (1) 16 -inch natural gas pipelines to be
located on the property; an onsite switching station/substation and a 150 -foot tall on -
site communications tower in the A (Agricultural) Zone District.
Lot B of RECX13-0096; Part of the N2 of Section 2, T3N, R66W of the 6t" PM, Weld
County, Colorado
South of and adjacent to County Road 38 and east of and adjacent to County Road 33.
+/- 240.93 acres Parcel No. 121102100004
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Works, referral dated 4/13/2018
Weld County Department of Public Health and Environment, referral dated 4/4/2018
Colorado Division of Water Resources, referral dated 5/14/2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Zoning Compliance, referral dated 3/21/2018
Y Colorado Department of Transportation, referral dated 3/22/2018
Y Colorado Parks and Wildlife, referral dated 3/22/2018
Y PDC Energy, Inc., referral dated 4/3/2018
Y Weld County Sheriff's Office, referral dated 4/4/2018
Y Platteville/Gilcrest Fire Protection District, referral dated 4/1/2018
Y Weld County Public Safety Wireless Communications Manager, referral dated 3/16/2018
The Department of Planning Services' staff has not received responses from the following agencies:
Y Weld County Department of Building Inspection
Y Weld County Office of Emergency Management
Y Colorado Oil & Gas Conservation Commission
Y Town of Gilcrest
Y School District RE -1
Y Snyder Oil Company
USR18-0019, Kerr McGee Gathering, LLC
Platte Valley Soil Conservation District
USR18-0019, Kerr McGee Gathering, LLC
Planner:
C. Gathman
Case Number: USR18-0019
Applicant:
Address:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kerr McGee Gathering, LLC
1099 18th Street, Suite 1800, Denver, CO 80202
Nathan Keiser
Hearing Date: June 5, 2018
A Site -Specific Development Plan and Use by Special Review Permit for a Natural
Gas Processing Plant; two (2) 24 -inch and one (1) 16 -inch natural gas pipelines to
be located on the property; an onsite switching station/substation and a 150 -foot tall
on -site communications tower in the A (Agricultural) Zone District.
Lot B of RECX13-0096; Part of the N2 of Section 2, T3N, R66W of the 6th PM, Weld
County, Colorado
South of and adjacent to County Road 38 and east of and adjacent to County Road
33.
+/- 240.93 acres Parcel No. 121102100004
The applicant is proposing a natural gas processing facility. A natural gas processing facility helps to
extract natural gas liquids from the gas stream. These liquids, mostly ethane and other lighter
hydrocarbons, require cooling the gas to extract high rates of product. Initially the facility uses an amine
solution to remove carbon dioxide and absorption beds to remove hydrogen sulfide from the gas. When
gases are treated with an amine solution they result in products that can be sent for further processing
into more useable forms. After leaving the amine treatment portion of the processing facility, the gas
continues to a dehydration and cryogenic facility for further processing.
The equipment being proposed will include compressors, amine contactors, hydrogen sulfide absorption
beds, electrical utility buildings, cryogenic units, refrigeration units, residue compressors, vessels, tanks,
towers (demethanizer, etc...), thermal oxidizer and flare.
The demethanizer tower is proposed to be approximately 130 -feet tall and the flare will be a few feet over
165 -feet tall.
The amine still/reflux accumulator is proposed to be 70 -feet in height and the two (2) amine contactors
are proposed to be 60 -feet in height.
Two twenty-four (24) inch and one sixteen (16) inch high pressure pipelines are proposed along with this
facility to take the processed gas to metering points. These pipelines are located entirely on the same
property as the proposed gas plant.
A switching station is proposed (to be operated by Kerr McGee) that will take power from a proposed 115
kV powerline (being proposed for by Xcel Energy under case # USR18-0030) and covert it to 13.8 kV for
use by the gas plant.
USR18-0019, Kerr McGee Gathering, LLC
A 150 -foot tall communication tower is proposed to allow the site to be monitored remotely. The tower will
handle all communications onsite and the applicant has indicated that co -location on the tower will be
allowed. The applicant is exploring whether or not it is feasible to co -locate on the 100 -foot
communication tower on the adjacent gas plant facility approved under 5MJUSR17-83-542.
A total of ten permanent staff are proposed to be on location at the plant site at all times. The facility will
run 24 hours a day, 7 days a week. Traffic (trucks) coming to the site will come to the site during the
hours of 8 am to 6 pm unless there is an emergency. The facility is proposed to be serviced by a well and
septic system.
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 in an area that can support such development, and should attempt to be
compatible with the region"
The majority of the proposed facility will be located on land delineated as "Other" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. No Prime
Irrigated farmland will be taken out of production.
Conditions of approval and development standards (landscape & screening plan,
communications 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 gas plant facility is for Kerr-McGee Gathering, LLC, a subsidiary of
Anadarko Petroleum Corporation. Both entities operate nearly 5,000 wells in Weld
County.
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 & screening
plan, lighting plan, communications plan, maximum noise standards, lighting plan,
emergency action and safety plan) are attached to address impacts associated with the
proposed use.
Additionally, no "Prime" irrigated farmland is being taken out of production.
Section 22-2-20.1 (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 with neighboring property owners to
discuss/address impacts associated with the proposed gas plant facility.
USR18-0019, Kerr McGee Gathering, LLC
The proposed use is in an area that can support this development and the existing
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.
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 gas processing
plants) as a Use by Special and One (1) or more microwave, radio, television or other
communication transmission or relay tower over seventy (70) feet in height as Uses 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 uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than uses Allowed by Right."
The facility location is based on proximity to existing oil and gas pipelines and
infrastructure.
The attached development standards and conditions of approval (including a landscape &
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 facility is to be located approximately 600-700 feet (at its nearest point) to
the south of the nearest residential parcels adjacent to this site. Five rural residential lots
are located in this area. Additional a couple of residences are located approximately 4,200
feet to the east of the site. The parcel slopes to the south and east where the proposed
gas plant is to be located. Properties to the west and south of this sloped area will be
partially screened by the slope.
The DCP Mewbourn Gas Plant (approved under 5MJUSR16-83-542) is located to the
northeast of the plant site (north of and adjacent to County Road 35 and west of and
adjacent to County Road 38. A confined animal feeding operation is located to the west of
the property.
One e-mail objecting to the application has been received. The letter mentions concerns
with the amount of oil and gas facilities in the area (including the Mewbourn plant) and the
increased amount/concentration of noise and air pollution in the area created by this gas
plant.
The applicant has submitted a Lighting plan and Noise Abatement Plan. The applicant is
proposing an essential lighting system (a lower level of illumination for areas that need to
be lit on an ongoing basis. Additionally, a demand lighting system is proposed for increased
illumination for areas requiring nighttime work activities as required. On demand lighting
will be only used when needed.
The applicant is proposing a 25 -foot high sound wall around the gas plant facility to assist
in noise mitigation and lighting mitigation as well as assist in screening the site from
adjacent properties. The applicant is also proposing electrically driven compressors and
enclosing the compressors inside insulated metal buildings.
The required air permits will have to be obtained from the Colorado Department of Public
Health and Environment for this facility.
USR18-0019, Kerr McGee Gathering, LLC
The applicant has had ongoing community meetings (a total of seven (7) meetings since
11/14/2017) with property owners in the area and continues to have ongoing dialog to
address impacts associated with the proposed use.
The attached conditions of approval (noise standards, landscaping/screening plan, limits
on flaring, ongoing communication requirements with surrounding property owners) 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 3 -mile referral area of the Town of Gilcrest. No referral
response has been received from the Town of Gilcrest regarding 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 site is not located within an 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 240.93 acres delineated as "Other" and
"Prime if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. Approximately 61.6 acres in the eastern half of the property. The proposed
gas plant facility is located mostly in the western half of the property with a small area
located in the area delineated as "Prime if Irrigated".
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.
In addition to the gas plant and communication tower component. Two (2) 24 -inch and one (1)
sixteen 16 -inch high pressure gas pipeline are proposed to be located on the same property as the
gas processing plant and a part of USR18-0019. Gas pipelines are subject to the follow
It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-480 of the Weld County Code as follows:
A. Section 23-2-480.A.1 - All reasonable efforts have been made to avoid irrigated
cropland or to minimize the negative impacts on agricultural uses and lands.
The pipeline is on a property owned by Anadarko (the applicant). There is no irrigated
cropland on the site. One pipeline will be located on the western portion of the property
(located outside of the prime if irrigated portion of the property per the Important
USR18-0019, Kerr McGee Gathering, LLC
Farmlands of Weld County Map) and the other two pipelines will cross the prime if
irrigated portion of the site adjacent to the southern property line to minimize impacts
to agricultural production should it occur in the future.
B. Section 23-2-480.A.2 - The pipeline will not have an undue adverse effect on existing
and future development of the surrounding area, as set forth in applicable Master
Plans.
The site is located within the 3 -mile referral area of the Town of Gilcrest. No referral
response has been received from the Town of Gilcrest regarding this case.
C. Section 23-2-480.A.3 - The design of the proposed pipeline mitigates negative impacts
on the surrounding area to the greatest extent feasible.
The pipelines will be located entirely on the same property as the proposed gas plant.
No additional properties will be crossed by the pipelines.
D. Section 23-2-480.A.4 - The site shall be maintained in such a manner so as to control
soil erosion, dust and the growth of Noxious Weeds.
The application indicates that the pipeline sites will be maintained to prevent soil
erosion, control dust and the growth of Noxious Weeds. Kerr McGee Gathering has a
water pipeline on location to be used to employ water trucks to spray nearby roads and
pipeline corridors during pipeline construction. The impacted area will be stabilized by
reseeding and, if necessary, installing permanent erosion controls after final grading.
E. Section 23-2-480.A.5 -- The applicant has agreed to implement any reasonable
measures deemed necessary by the Board of County Commissioners to ensure that
the health, safety and welfare of the inhabitants of the County will be protected, and to
mitigate or minimize any potential adverse impacts from the proposed pipeline.
The applicant agrees to implement reasonable measures deemed necessary by the
Board of County Commissioners.
F. Section 23-2-480.A.6 - All reasonable alternatives to the proposal have been
adequately assessed, and the proposed action is consistent with the best interests of
the people of the County and represents a balanced use of resources in the affected
area.
The proposed pipelines are located on the same property as the proposed gas plant.
The pipeline locations minimize impact to Prime if Irrigated farmground. No additional
alternatives are proposed as the pipelines will not cross any additional parcels outside
the parcel owned by Anadarko.
G. Section 23-2-480.A.7 - The nature and location or expansion of the pipeline will not
unreasonably interfere with any significant wildlife habitat and will not unreasonably
affect any endangered wildlife species, unique natural resource, known historic
landmark or archaeological site within the affected area.
No referral response has been received from History Colorado. Colorado Parks and
Wildlife indicated no conflicts with their interests in their referral dated March 22, 2018.
H. Section 23-2-480.A.8 - No adverse impact, from stormwater runoff, to the public rights -
of -way and/ or surrounding properties as a result of the pipeline.
A Storm Water Management Plan (SWMP) will be implemented to control soil erosion
during construction.
USR18-0019, Kerr McGee Gathering, LLC
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. 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. The Agreement shall require the construction of the following capital
improvements. (Department of Public Works)
Future off -site improvements to be completed
a. Design and construct a left deceleration/turn lane on CR 35 whenever traffic
exceeds 10 vehicles per hour (VPH) turning left into the Property for an average
daily peak hour.
b. Design and construct a right deceleration/turn lane on CR 35 whenever traffic
exceeds 25 VPH turning right into the Property for an average daily peak hour.
c. Design and construct a right acceleration lane on CR 35 whenever traffic
exceeds 50 VPH turning right out of the Property for an average daily peak hour.
d. Design and construct a left acceleration lane on CR 35 whenever such a lane
would be a benefit to the safety and operation of the roadway. The County, in its
sole discretion, shall determine if a left acceleration lane is required.
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. A Landscape/Screening plan to mitigate visual impacts shall be submitted to the Department
of Planning Services for review and approval. (Department of Planning Services)
D. A Lighting Plan that meets the requirements of Section 23-9-40 of the Weld County Code
shall be submitted for review and approval by the Department of Planning Services.
(Department of Planning Services)
E. A Noise Mitigation Plan shall be submitted to the Department of Planning Services for review
and approval. (Department of Planning Services)
F. A Communications Plan shall be submitted to the Department of Planning Services. 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 map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0019. (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)
USR18-0019, Kerr McGee Gathering, LLC
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. County Road 35 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)
6. County Road 38 Section Line is shown to have 60 feet of unmaintained section line
right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate
the existing right-of-way on the site plan. All setbacks shall be measured from the
edge of right-of-way. (Department of Public Works)
7. 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)
8. Show and label the approved tracking control on the site plan. (Department of Public
Works)
9. 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)
10. Show and label the section line Right -of -Way as "CR 38 Section Line Right -Of -Way,
not County maintained." (Department of Public Works)
11. 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)
12. The applicant shall show the drainage flow arrows. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
14. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
15. The map shall delineate the lighting. (Department of Planning Services)
16. 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)
17. 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) 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
USR18-0019, Kerr McGee Gathering, LLC
Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co us. (Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
This site requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for
tracking control. (Department of Public Works)
B. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
6. Prior to issuance of the Certificate of Occupancy:
A. The applicant shall submit written evidence of a commercial well to the Weld County
Department of Public Health and Environment. (Department of Public Health and Environment)
B. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health and
Environment)
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. The plan
will include an evacuation plan and a test exercise provision. 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)
USR18-0019, Kerr McGee Gathering, LLC
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr McGee Gathering LLC
USR18-0019
1. A Site -Specific Development Plan and Use by Special Review Permit, USR18-0019, for Oil and Gas
Support and Service a Natural Gas Processing Plant; two (2) 24 -inch and one (1) 16 -inch natural gas
pipelines to be located on the property; an onsite switching station/substation and a 150 -foot tall on -
site communications tower in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 24 hours a day, seven (7) days a week. Scheduled maintenance events
that include flaring shall occur during daylight hours. (Department of Planning Services)
4. The number of on -site employees is limited to ten (10), as stated on the application. (Department of
Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
8. The operator shall comply with the approved Communication Plan submitted to the Department of
Planning Services. (Department of Planning Services)
9. The operator shall comply with the approved Lighting Plan submitted to the Department of Planning
Services. (Department of Planning Services)
10. Collocation of other antenna by other service providers shall be permitted on the tower. (Department
of Planning Services)
11. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna
structure, and any associated equipment shall be removed and the premises restored to its original
condition according to the Decommissioning Plan. (Department of Planning Services)
12. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
13. 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)
14. 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)
15. 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)
USR18-0019, Kerr McGee Gathering, LLC
16. 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)
17. 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)
18. 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)
19. 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)
20. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
21. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently
impervious to contain any spilled or released material. Secondary containment devices shall be
inspected at regular intervals and maintained in good condition. All secondary containment will comply
with the Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of
the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health
and Environment)
22. 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)
23. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
24. 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)
25. The facility shall not exceed 65 decibels, as measure at the property boundaries and as set forth in
Section 25-12-103, C.R.S. (Department of Public Health and Environment)
26. The operator shall comply with the approved Noise Mitigation Plan submitted to the Department of
Planning Services. (Department of Public Health and 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, as applicable.
(Department of Public Health and Environment)
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 issues permit, and of the outcome or disposition of any such compliance advisory
USR18-0019, Kerr McGee Gathering, LLC
or other notice of non-compliance. (Department of Public Health and Environment)
30. 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)
31. The property owner shall control noxious weeds on the site. (Department of Public Works)
32. 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)
33. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
34. 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)
35. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
36. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
37. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
38. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
39. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
40. 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)
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.
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.
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.
USR18-0019, Kerr McGee Gathering, LLC
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. 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)
47. 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)
48. 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.
49. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services
than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate
to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
USR18-0019, Kerr McGee Gathering, LLC
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.
USR18-0019, Kerr McGee Gathering, LLC
April 26, 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
ANADARKO E & P COMPANY LP
C/O TRAVIS HOLLAND -PROPERTY TAX
PO BOX 173779
DENVER, CO 802173779
Subject: USR18-0019 - A Site Specific Development Plan and Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service (Cryogenic Natural Gas Processing
Facility) in the A (Agricultural) Zone District.
On parcel(s) of land described as :
PART N2 SECTION 2, T3N, R66W LOT B REC EXEMPT RECX13-0096 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 5, 2018, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 27, 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
1
March 16, 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
C/O TRAVIS HOLLAND -PROPERTY TAX
PO BOX 173779
DENVER, CO 802173779
Subject: USR18-0019 - A Site Specific Development Plan and Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service (Cryogenic Natural Gas Processing
Facility) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART N2 SECTION 2, T3N, R66W LOT B REC EXEMPT RECX13-0096 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:
Gilcrest at Phone Number 970-737-2426
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
FIELD CHECK
Inspection Date: 5/25/2018
CASE NUMBER: USR18-0019
APPLICANT: Kerr McGee Gathering, LLC
LEGAL DESCRIPTION: Lot B of RECX13-0096: Part of the N2 of Section 2, T3N, R66W of the 6th PM,
Weld County, Colorado
LOCATION:
South of and adjacent to County Road 38 and east of and adjacent to County
Road 33.
Zoning
Land Use
N
A (Agricultural)
N
SF residences to NW/MUSR17-83-542
(gas plant) to northeast
E
A (Agricultural)
E
Agricultural/2 SF residences to NE
S
A (Agricultural)
S
Undeveloped
W
A (Agricultural)
W
Feedlot
COMMENTS:
Parcel has existing oil and gas production facilities. Parcel slopes from west/southwest to east.
Chris Gathman, Planner
Hello