HomeMy WebLinkAbout20182416.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
• 512. is-ct;;1
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER.
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 18-0022
VERDAD RESOURCES, CIO CURETON MIDSTREAM, LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITIES (COMPRESSOR STATION
FOR NATURAL GAS AND ALL RELATED EQUIPMENT, INCLUDING, BUT NOT
LIMITED TO FOUR (4) COMPRESSORS, A SLUG CATCHER, A 3 -PHASE
SEPARATOR, A 49 -FOOT TALL DEHYDRATION TOWER, A 30 -FOOT TALL
COMBUSTOR, A MCC BUILDING WITH A 20 -FOOT TALL POLE MOUNTED
COMMJNICATION ANTENNA, A FUEL GAS SKID, 2 CARGO CONTAINERS, AND
5 TEMPORARY CONSTRUCTION TRAILERS) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LOT C RE -3078, BEING PART S2 SECTION 19. T1 N, R64W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 6 AND EAST OF AND ADJACENT TO CR 49.
be recommended favorab y to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2.
It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-5-100.A - OG.Goal 1. states, "Promote the reasonable and orderly exploration and
development of oil and gas mineral resources" and Section 22-2-80 D - I. Goal 4. states, "All
new industrial development should pay its own way."
The applicant is proposing a natural gas compressor station with signage, lighting, and
fencing. The hours of operation are proposed to be 24 hours a day / 7 -days a week.
The applicant will pay for all on -site and offsite improvements associated with this use.
Section 22-2-20.H.1 - A.Policy 8.1 states, "The land use applicants should demonstrate that
adequate sanitary sewage and water systems are available for the intensity of the
development."
Since this is an unmanned facility no potable water or sewage disposal will be provided.
Section 22-2-20.1.5 - A.Policy 9.5, state, "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 been in contact with the surrounding property owners and held a
community meeting on April 5, 2018. The applicant has responded to the Surrounding
Property Owners concerns with letters, email, and phone calls.
Section 22-2-20.G.3. - A.Policy 7.3 states, "Conversion of agricultural land to urban
residential, commercial and industrial uses should be considered when the subject site is
located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional
RESOLUTION USR18-0022
VERDAD RESOURCES, C/O CURETON MIDSTREAM, LLC
PAGE 2
Urbanization Area or Urban Development Nodes, or where adequate services are currently
available or reasonably obtainable. A municipality's adopted comprehensive plan should be
considered, but should not determine the appropriateness of such conversion."
The site is not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
Section 22-2-20.H.8 - A. Policy 8.3 states, "The land use applicants should demonstrate that
the roadway facilities associated with the proposed development are adequate in width,
classification and structural capacity to serve the proposed land use change."
The referral comments from the Department of Public Works state that CR 49 is a gravel road
and that CR 6 is also a gravel road. Access easements may be required to access the site.
The applicant shall address the requirements of the Weld County Public Works Department,
as stated in the referral response dated April 20, 2018.
Section 22-2-20.H.5 - A.Policy 8.5. states, "The land use applicants should demonstrate that
public service providers, such as but not limited to schools, emergency services and fire
protection, are informed of the proposed development and are given adequate opportunity to
comment on the proposal."
The USR application was sent to fifteen (15) referral agencies including the school district,
the Division of Water Resources, the Town of Hudson, and the fire district. The referral
agencies had 28 days to review this USR and most of them submitted response of 'no
concerns' with the rest submitting comments or conditions that are incorporated as
Conditions of Approval or Development Standards in the staff recommendation.
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. which allows for A Site Specific Development Plan and
Use by Special Review Permit for Mineral Resource Development Facilities including Oil and
Gas Support and Service Facilities (compressor station for natural gas and all related
equipment, including, but not limited to four (4) compressors, a slug catcher, a 3 -phase
separator, a 49 -foot tall dehydration tower, a 30 -foot tall combustor, a MCC building with a
20 -foot tall pole mounted communication antenna, a fuel gas skid, 2 cargo containers, and 5
temporary construction trailers) 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."
This is a compressor station that will be an unmanned facility. 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.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops, and rural residences. The closest residence is
about one -tenth of a mile north.
There is one (1) USR within one mile of this SUBX parcel. USR-1694 fora Home Business
for storage of construction materials) is located south of the site.
The Weld County Department of Planning Services sent notice to twenty (20) Surrounding
Property Owners. Planning staff received correspondence from three (3) surrounding
property owners within 500 feet of the parent parcel. The three (3) letters outline concerns
about property values, noise, safety, fire, aesthetic impact, environmental impact, impact to
ag tourism, and impact to traffic, and road conditions.
RESOLUTION USR18-0022
VERDAD RESOURCES, C/O CURETON MIDSTREAM, LLC
PAGE 3
The applicant has been in contact with the Surrounding Property Owners and has conducted
a community meeting on April 5, 2018. The applicant submitted copies of the email
correspondence between Cureton and the Surrounding Property Owners, a Desktop
Constraints Analysis (DCA) by Terracon, and the presentation from the April 5, 2018,
community meeting (Exhibits 5, 6, and 7 respectively).
The Desktop Constraints Analysis (DCA) covered about 1,000 acres surrounding and
including the subject site. The Analysis concluded that: 1) Any wetland features should be
avoided or conduct a Waters of the U.S. (WOTUS) delineation, 2) Development should occur
outside the peak migratory bird nesting season due to the presence of hawks, and 3) A
Cultural Resource Survey (including a field survey) should be completed at the property to
evaluate the potential for the presence of archaeological sites and/or historic resources
affected by the proposed compressor station.
The Conditions of Approval require that the applicant submit an Emergency Action and Safety
Plan, a Noise Abatement Plan, an Improvements Agreement (for roads and traffic) and a
Screening/Landscaping Plan. The Development Standards and 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.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The lease area (Subdivision Exemption) 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 located on 5 acres of soils designated as "Prime if they become
irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
This USR will not take any "Prime (Irrigated)" Farmland out of production.
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,
RESOLUTION USR18-0022
VERDAD RESOURCES, C/O CURETON MIDSTREAM, LLC
PAGE 4
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is
not limited to, dust control and damage repair to specified haul routes. (Department of Public
Works)
B.
C.
D.
E.
F.
G.
H.
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)
The applicant shall submit a recorded copy of any agreement signed by all of the owners of the
property crossed by the access. The access shall be for ingress, egress, utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
The applicant shall submit Subdivision Exemption (SUBX18-0024) for recording. (Department of
Planning Services)
The applicant shall submit a Decommissioning Plan. (Department of Planning Services)
The applicant shall submit a Communication Plan. (Department of Planning Services)
The applicant shall submit a Lighting Plan that complies with Section 23-2-250.D of the Weld
County Code. (Department of Planning Services)
The applicant shall submit a Screening/Landscape Plan that screens the site from the
Surrounding Property Owners and the right-of-way. (Department of Planning Services)
I. The applicant shall submit a Noise Abatement Plan to the Department of Planning Services for
Review and approval. (Department of Planning Services)
J. The map shall be amended to delineate the following:
1)
2)
3)
4)
All sheets of the map shall be labeled USR18-0022. (Department of Planning Services)
The attached Development Standards. (Department of Planning Services)
The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
If applicable, the map shall delineate the lighting and shall adhere to Chapter 23 of the
Weld County Code. (Department of Planning Services)
5) The applicant shall delineate 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)
6) County Road 6 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)
RESOLUTION USR18-0022
VERDAD RESOURCES, C/O CURETON MIDSTREAM, LLC
PAGE 5
7) County Road 49 is a gravel road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 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)
8) Show and label the approved access location(s), 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)
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) The applicant shall show and label the accepted drainage features and drainage flow
arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or
Storage Area" and shall include the calculated volume. (Department of Public Works)
11) The applicant shall show the drainage flow arrows. (Department of Public Works)
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 map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall 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 (Le., 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 one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(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)
RESOLUTION USR18-0022
VERDAD RESOURCES, C/O CURETON MIDSTREAM, LLC
PAGE 6
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 map 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)
Motion seconded by Michael Wailes.
VOTE:
For Passage Against Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Terry Cross
Tom Cope
Lonnie Ford
Richard Beck
Absent
Jordan Jemiola
Gene Stille
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on July 17, 2018.
Dated the 17t" of July, 2018
Kristine Ranslem
Secretary
RESOLUTION USR18-0022
VERDAD RESOURCES, C/O CURETON MIDSTREAM, LLC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Verdad Resources, LLC, c/o Nick Holland with Cureton Front Range, LLC
USR18-0022
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0022, for Mineral
Resource Development Facilities including Oil and Gas Support and Service Facilities (compressor
station for natural gas and all related equipment, including, but not limited to four (4) compressors, a
slug catcher, a 3 -phase separator, a 49 -foot tall dehydration tower, a 30 -foot tall combustor, a MCC
building with a 20 -foot tall pole mounted communication antenna, a fuel gas skid, 2 cargo containers,
and 5 temporary construction trailers) 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 property owner or operator shall provide written evidence of an 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)
4. 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)
5. This is an unmanned facility. (Department of Planning Services)
6. Hours of operation are twenty-four (24) hours each day, seven (7) days per week. (Department of
Planning Services)
7. The Property Owner shall maintain compliance with the Decommissioning Plan and the
Communication Plan. (Department of Planning Services)
8. The Screening/Landscaping on the site shall be maintained. (Department of Planning Services)
9. The property owner shall control noxious weeds on the site. (Department of Public Works)
10. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Department of Public Works)
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
12. 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)
13. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
15. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
RESOLUTION USR18-0022
VERDAD RESOURCES, C/O CURETON MIDSTREAM, LLC
PAGE 8
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
17. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment)
19. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
20. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
21. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
22. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
23. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
sufficiently impervious to contain any spilled or released material. Secondary containment devices
shall be inspected at regular intervals and maintained in good condition. All secondary containment
will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the
provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of
Public Health and 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. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
26. 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)
27. 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)
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, if applicable.
(Department of Public Health and Environment)
RESOLUTION USR18-0022
VERDAD RESOURCES, C/O CURETON MIDSTREAM, LLC
PAGE 9
29. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site or as applicable. (Department of Public
Health and Environment)
30. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
31. 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)
32. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
33. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. 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)
34. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2017 National Electrical Code; A building permit application must be completed and two
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 registered
State of Colorado engineer shall be required or an open hole inspection. (Department of Building
Inspection)
35. 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.
36. 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.
37. 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.
38. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
RESOLUTION USR18-0022
VERDAD RESOURCES, C/O CURETON MIDSTREAM, LLC
PAGE 10
39. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices
and a lower level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise
and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 17, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Terry Cross, Bruce Johnson, Tom Cope, Lonnie Ford, Richard
Beck.
Absent: Jordan Jemiola, Gene Stille.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Angela Snyder, Michelle Martin, and
Tom Parko, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan
Pinkham, Public Works; Frank Haug, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER.
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 18-0022
VERDAD RESOURCES, C/O CURETON MIDSTREAM, LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITIES (COMPRESSOR
STATION FOR NATURAL GAS AND ALL RELATED EQUIPMENT, INCLUDING.
BUT NOT LIMITED TO FOUR (4) COMPRESSORS, A SLUG CATCHER, A 3 -
PHASE SEPARATOR, A 49 -FOOT TALL DEHYDRATION TOWER, A 30 -FOOT
TALL COMBUSTOR, A MCC BUILDING WITH A 20 -FOOT TALL POLE
MOUNTED COMMUNICATION ANTENNA, A FUEL GAS SKID, 2 CARGO
CONTAINERS. AND 5 TEMPORARY CONSTRUCTION TRAILERS) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT C RE -3078, BEING PART S2 SECTION 19, T1 N, R64W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 6 AND EAST OF AND ADJACENT TO CR
49.
Diana Aungst, Planning Services, presented Case USR18-0022, reading the recommendation and
comments into the record. Ms. Aungst noted that letters were received from three surrounding landowners
in opposition to this case outlining concerns of property values, noise, safety, fire, aesthetic impact,
environmental impact, impact to ag tourism, impact to traffic and road conditions. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site, and the drainage conditions
for the site. A Road Maintenance Agreement will be required for the construction of the site.
Ben =rissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Daniel Seaver, Cureton Midstream, 518 17th Street, Denver, Colorado, stated that this application is for a
natural gas compressor station facility. He added that this facility will have four (4) compressors. He said
that the site is located near drilling and production activity. He added that they are not taking any farmland
away as the center pivot is still able to pass over the crops.
Mr. Seaver said that the haul route will be west of the facility to County Road 49 and then north to State
Highway 52.
Nick Holland, Cureton Midstream, 518 17th Street, Denver, Colorado, provided a timeline of the meetings
that they have held with County Staff, Hudson Fire District, Southeast Weld Fire District and neighborhood
meetings. As a result of the April 5th neighborhood meeting, they made enhancements to their proposed
plan. He added that they have provided communications plans via the post office, providing a toll -free
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number, maintain a project website and also provide an email platform. These enhancements included
completing a noise mitigation study, provided a letter to the landowners of some similar facilities so that
they could compare what would be built; light from surrounding property owners were minimized, facility
mitigation by using low profile tanks and use equipment specific noise minimizations and conducted a visual
mitigation study.
Mr. Holland provided visual slides of photo syms of the proposed site from two separate surrounding
locations. He also provided a visual slide of the decibel noise level with their noise mitigation plan at specific
distances from the site.
Anne Johnson, Tetra Tech, 1560 Broadway #1400, Denver, Colorado, provided an overview of uses
allowed by right and uses allowed by special review in the agricultural zone district, including oil and gas
production and oil and gas transit. This application was deemed complete and processed for review and
added that Staff and the referral agencies found that the applicant's design and engineering complies with
the standards of the Zoning Chapter as well as the definition of oil and gas service and support facility. Ms.
Johnson requested a recommendation of approval to the Board of County Commissioners for this project.
Commissioner Ford referred to the lighting plan and asked if the 16 -foot walls block out the lights to the
east. Mr. Holland said that light will be strategically located on site and will be downcast and shielded and
manually controlled. He couldn't answer if the lights are higher than 16 -foot wall as it is currently still being
designed.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Carson Ribble, 24639 CR 6, stated that they live adjacent to the proposed facility. He said that they filed a
formal complaint about this project and do not think that the Use by Special Review Permit should be issued.
He expressed concern of lack of meaningful information from the applicant. He added that they have not
seen an Environmental Impact Study and there are wetlands immediately across the fence line.
Mr. Ribble said that right now the decibel level is 40 dba and 42 dba and they do not believe it will meet the
50 and 55 decibel levels. It is an ag economic area with high dollar homes, the Wildlife Sanctuary, a
greenhouse operation and corn mazes. He said that this will affect their property values and quality of life.
Mr. Ribble said that this is a wildcat operation and inquired why there are different names the application is
listed under. He expressed that an industrial application in a rural area is appropriate. He added that it is
not a good fit for the neighborhood and traffic has increased three -fold. He asked what the traffic counts
were two years ago.
Mr. Pinkham followed up with the traffic counts. He said that County Road 49 was counted at 68 vehicles
per day and 24% trucks in 2013. County Road 8 showed 23 vehicles per day and 17% trucks in 2012.
County Road 49 was counted at 126 vehicles per day and 16% trucks in 2013. County Road 6 west of the
facility had 77 trips per day with 31% trucks in 2015.
Mary Swank, 3581 CR 51, Keenesburg, Colorado, stated that the proposed facility is five (5) miles from the
1-25 industrial area and should be located there. She added that industrial facilities should be kept in
industrial areas and not in a farming and rural home site area.
Robert Paul, 24443 CR 6, stated that he lives the closest to the proposed facility. The applicant did a sound
evaluation test and the first week they did their test there was fracking in the background to the east of the
proposed site. He added that they did another test and there was still fracking going on at different hours
of the day. He said it is not accurate to the readings they have had in the neighborhood. He added that he
checked the noise level on his phone and it showed 32 decibels.
Mr. Paul said that the applicant has proposed three (3) sound walls and he would like to see four (4) walls.
He added that a tower that is 49 feet tall will be an eyesore as there is nothing that tall in the area.
Andrew Druit, Behrens and Associates Environmental Noise Control, 9536 East 1-25 Frontage Road,
Longmont, Colorado stated that he conducted the sound test. He said that there was an ambient study
done for this site. The purpose of the ambient study is to establish what the existing baseline is in the event
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that the baselines were in excess of existing code limits. He doesn't believe the (racking activities were
concurrent.
Commissioner Cope asked if they are able to identify what the different contributors of the noises are. Mr.
Druit replied yes and said it is inherently difficult to do given the development of the area and added that
they monitor noise in several locations. He provided an explanation of how they collect the contributing
noises for the ambient sound level.
Commissioner Johnson asked if the compressors will be electric. Mr. Seaver replied that they will run
natural gas motors in the short term.
Commissioner Cope asked if they will consider a forth wall. Mr. Seaver said that after several meetings
nothing was mentioned about a forth wall, however, they will consider that.
Mr. Seaver said that they didn't get much feedback for landscaping and hope to meet prior to the Board of
County Commissioners to address landscaping. The traffic will increase by two (2) pickups and one (1)
heavy haul truck and doesn't see that as a major increase of traffic.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR18-0022 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Johnson, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope.
Meeting adjourned at 4:32 pm.
Respectfully submitted, 7'944.41./zikt.
Kristine Ranslem
Secretary
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