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Description:
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle Hearing Date: December 19, 2017
USR17-0059
Discovery DJ Services, LLC, 7859 Walnut Hill Lane, Suite 335, Dallas, TX 75230
Eva Norton, Quality Check Energy Services, LLC, Brighton, CO 80601
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, Transloading, and more than one cargo container in the A
(Agricultural) Zone District. (Discovery Fort Lupton Gas Plant II)
Lot B, RECX17-0168 being a part of the SE4 & E2SW4 of Section 11, Ti N, R66W of
the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 10; West of and adjacent to County Road 35
Section Line
Size of Parcel: +/- 138.41 acres Parcel No. 1471-11-0-00-009
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
City of Fort Lupton, referral dated November 1, 2017
➢ Anadarko Petroleum, referral dated November 13, 2017
➢ Weld County Department of Public Health and Environment, referral dated November 13, 2017
➢ Weld County Department of Public Works, referral dated November 14, 2017
v Weld County Department of Planning Services - Engineer, referral dated November 16, 2017
v Fort Lupton Fire Protection District, referral dated November 11, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated October 17, 2017
Weld County Sheriff's Office, referral dated November 7, 2017
Town of Hudson, referral dated November 8, 2017
Weld County Sheriff, referral dated November 9, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
City of Brighton
Town of Lochbuie
Colorado Parks and Wildlife
Platte Valley Soil Conservation District
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Weld County Department of Building Inspection
State of Colorado, Division of Water Resources
Weld County Office of Emergency Management
Weld County Department of Public Works - Access
State of Colorado, Department of Public Health and Environment
Case Summary:
Discovery Midstream was approved for the Fort Lupton Gas Plant in 2016 for a 60 MMSCFD gas plant
under USR16-0031, the proposed facility site is located east of the Fort Lupton Gas Plant I. Fort Lupton
Gas Plant II is proposed to address the midstream component and not restricting the upstream component
due to the production of vertical and horizontal well activity in the field.
Fort Lupton Discovery Gas Plant II will expand the capacity and will enhance the efficiency and quality of
the current natural gas being processed. This plant is a cryogenic processing plant facility where natural
gas flowing from wells is cooled to sub -zero temperatures in order to condense liquids or NGLs (natural
gas liquids). These can include butane, ethane and propane. Typically, a plant separates NGLs from natural
gas by chilling the gas stream down to around -120 degrees Fahrenheit. This allows a blended liquid
hydrocarbon feedstock to be collected which then is fed into a fractionation plant that finishes processing
the liquid hydrocarbon or Y Grade into high purity propane, butane and natural gasoline. Produced water
and natural gas condensate collecting in the 12 -inch low pressure pipeline and front end of the gas plant
will be delivered into atmospheric tanks, where the produced water and condensate will be separated and
trucked off -site for sale or subsequent disposal in accordance with federal, state and local regulations.
The property line for the proposed Fort Lupton Discovery Gas Plant II plant is a minimum of 1200 feet from
the closest residence. The plant equipment is located an additional 500 feet west of the property line and
1700 feet from the nearest residential property.
There currently are no plans for future expansion fora Gas Plant III with Gas Plant II being the last proposed
site Improvement. There currently are no plans to develop the 80 -acre parcel adjacent to Buffalo Ridge
Estates and this parcel will remain as native grasses.
The construction of the discovery Fort Lupton Gas Plant Phase II is critical infrastructure needed to move
gas out of the County. The operation and control of the Discovery pipelines and associated facilities will
be performed out of the proposed compression and processing facility utilizing trained and qualified
operators and pipeline technicians, providing day-to-day operations and maintenance of the gas plant and
associated infrastructure in accordance with Discovery's written operating procedures and federal, state,
and local requirements. The gas plant will operate 24 hours/7 days a week.
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
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in an area that can support such development, and should attempt to be compatible with the
region"
The land that Discovery DJ Services, LLC is proposing to utilize for the gas processing plant is
on dryland grasses that is located in a semi -rural area where there is a significant amount of
oil and gas activity already occurring
Section 22-5-100. B.OG.Goal 2. states "Ensure that the extraction of oil and gas resources
conserves the land and minimizes the impact on surrounding land and the existing surrounding
land use."
The proposed Discovery Gas Plant II is located within a 138 acre area to the east is the Buffalo
Ridge Estates residential development, and there is limited residential development on Recorded
Exemption parcels to the west. To the north is B.O.S.S. Compost (USR-1190) and to the south is
the Kerr McGee OnShore LP, Duggan Compressor Station (2ndAmUSR-468) and microwave
communication towers, to the west is the Fort Lupton Gas Plan I (USR16-0031). Numerous well
heads and tank batteries populate the south boundary line of this parcel and all new facilities are
operated by Kerr-McGee, LP. New inbound pipelines, (USR-16-0028, USR17-0032) will bring the
natural gas to the plant, process the gas and transfer the product to an outbound pipeline to
market. While construction of the site will generate some impacts because of the extra activity
and trips to the site, once the plant is constructed and fully operational limited truck traffic will be
present from the facility.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Citing the Weld County Code, Section 23-3-40.A.2 provides for a Site Specific Development Plan
and Special Review Permit for Mineral Resource Development facilities, Oil and Gas Support and
Service, Natural Gas Processing Facilities for the processing of natural gas products, and related
equipment and structures, metering equipment for the custody transfer of gas, natural gas liquids
(NGLs) and condensate; Section 23-3-40.A.7 for Transloading; Section 23-3-40.S for outdoor
equipment and materials storage yard and Section 23-3-30.BB for more than one cargo container
in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed gas plant facility and surrounding areas are in dryland grasses and oil and gas
encumbrances. As previously stated, the gas plant facility is located within a 138 acre area of land
near the Buffalo Ridge Estates residential subdivision. There is an 80 acre parcel of land adjacent
to the east property line of the proposed gas plant with the nearest residence being about 1200
feet to the southwest on County Road 10. The Conditions of Approval requiring:
1.. A Landscape and Screening Plan to mitigate visual impacts from adjacent property owners
to the east;
2. A photo -simulation, cross section or similar graphic to fully illustrate the proposed Landscape
and Screening plans;
3. A Lighting Plan for the facility that shall require all lights be turned off during nighttime hours,
except for walkways and as required for emergency maintenance, maintenance requiring
plant -wide shut down, and as other emergencies demand;
4. A Communication Plan for information dissemination, notice of community meetings with
area property owners, and for on-line communication between the area property owners and
the Gas plant operator;
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5. A Noise Mitigation Plan addressing plant operations including noise associated with the Gas
Plant, and the Development Standards and will mitigate concerns with the surrounding land
uses.
The Department of Planning Services has received 64 (and counting) letters from area residents
located predominately to the east of the proposed facility within the Buffalo Ridge Estates
subdivision. The primary concerns raised include the industrialization of the adjacent parcel of
land, the size of the new facility, the number of pipelines coming into and leaving into the facility,
the hours of operation, the number of trucks on area roads, the new view to the west, the lower of
property values, issues of noise and dust pollution, safety concerns, and general opposition to any
expansion on site
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 a three (3) mile referral area of the City of Fort Lupton, City of Brighton,
Town of Hudson and Town of Lochbuie and is located within any existing Coordinated Planning
Agreement Area (CPA) of the City of Fort Lupton. The City of Fort Lupton returned a referral dated
November 1, 2017 stating "The City of Fort Lupton understands that Discovery DJ does not wish
to annex this property at this time. However, this location is in [Fort Lupton's] Three Mile Plan and
[Fort Lupton] requests that a pre -annexation agreement be completed as a Condition of Approval."
The City of Brighton, Town of Hudson and Town of Lochbuie did not respond to the referral.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County
Code. The existing site is within the County -Wide Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, 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 138 acres with the property identified as "'other
lands" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. As there
is no irrigation water associated with the proposed facility and currently no irrigation located on site,
no prime agricultural lands will be taken 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, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1 Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including, but not limited to dust control, tracking control, damage
repair, specified haul routes and future traffic triggers for improvements will be included.
(Department of Public Works)
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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 Planning Services -
Engineer)
C. If applicable, a Drainage Easement for USR16-0031 may be required. (Department of Planning
Services -Engineer)
D. The property owner shall present a signed Mylar for RECX17-0168 for recording. (Department of
Planning Services)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0059 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate 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. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
6. The Lighting shall be shown on the map in accordance with Section 23-3-250.6.6 of the Weld
County Code. (Department of Planning Services)
7. Setback radiuses for existing oil and gas tank batteries and wellheads, or plugged and
abandoned wellheads, shall be indicated on the USR map per the setback requirements of 23-
3-50.E of the Weld County Code. (Department of Planning Services)
8. All recorded easements and rights -of -way shall be delineated on the USR map by book and
page number or reception number. (Department of Planning Services)
9. County Road 35 is a paved road and is designated on the Weld County Road Classification
Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the
edge of right-of-way. This road is maintained by Weld County. (Department of Public Works)
10. County Road 35 Section Line is shown to have 30 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)
11. Show and label the section line Right -of -Way as "CR 35 Section Line Right of Way, not County
maintained" (Department of Public Works)
12. County Road 10 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)
13. Show and label the section line Right -of -Way as "CR 10 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
14. 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
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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)
15. Show and label the approved tracking control on the site plan. (Department of Public Works)
16. Show the approved access(es) on the map and label with the approved access permit number
AP17-XXXXX. (Department of Public Works)
17. Show and label the 30 -foot wide joint access and utility easement recorded separately by
Reception number associated with RECX17-0168, extending across a parcel not associated
with this application from County Road 35, for the benefit of Lot A (Gas Plant I - USR16-0031)
and Lot B (Gas Plant II - USR17-0059 shall be shown on the map. (Department of Planning
Services)
18. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Water quality features or stormwater ponds should be labeled as "Stormwater Detention, No -
Build or Storage Area" and shall include the calculated volume. (Department of Planning
Services -Engineer)
19. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Planning Services -Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copies or
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 (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet).... etc.). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Planning Services - Engineer)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy:
A. 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 the
Environment)
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B. 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 the Environment)
C. The applicant shall attempt to address the requirements of the Fort Lupton Fire Protection District,
as stated in the referral response dated November 11, 2017. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
7. Within one month of 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)
8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Discovery DJ Services
USR17-0059
1. A Site Specific Development Plan and Special Review Permit, USR17-0059, for Mineral Resource
Development Facilities, Oil and Gas Support and Service, Cryogenic Natural Gas Processing Facility,
Transloading, and more than one cargo container in the A (Agricultural) Zone District. (Discovery Fort
Lupton Gas Plant II), 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. Number of employees is limited 10 persons, as stated by the applicant(s). (Department of Planning
Services)
4. The hours of operation are 24 hours a day, seven days a week, as stated by the applicant(s).
(Department of Planning Services)
5. 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)
6. 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)
7. 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)
8. 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)
9. 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)
10. 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)
11. 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)
12. All potentially hazardous chemicals on -site must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance
with manufacturer's recommendations. (Department of Public Health and Environment)
13. 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
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inspected at regular intervals and maintained in good condition. All secondary containment will comply
with the Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or the provisions of the
State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and
Environment)
14. 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)
15. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
16. 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)
17. 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)
18. 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)
19. 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)
20. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and the Environment)
21. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance. (Department of Public Health and the Environment)
22. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services -Engineer)
24. The property owner shall control noxious weeds on the site. (Department of Public Works)
25. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
26. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
27. 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)
28. For any hazardous chemical used or stored in the workplace, facilities must maintain safety data sheets
[SDS] and submit the SDSs, or a list of chemicals, and the facility's annual inventory, to the State
Emergency Response Commission, the Local Emergency Planning Committee and the Fire Protection
District on or before March 15th of any given year. (Weld County Office of Emergency Management)
29. 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)
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30. 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)
31. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
32. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
33. 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.
34. 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.
35. 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.
36. 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.
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When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR17-0059
Discovery DJ Services, LLC
Fort Lupton Gas Plant II
Page 11
November 28, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
MARK SKELSKEY
8450 EAST CRESCENT PARKWAY # 200
GREENWOOD VILLAGE, CO 80111
Subject: USR17-0059 - 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; Transloading and more than one cargo container in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT B RECX17-0168 BEING A PART OF THE SE4 & E2SW4 SECTION 11, T1 N, R66W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 19, 2017, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 17,
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, fJ
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
October 17, 2017
Mark A. Skelskey
8450 East Crescent Parkway # 200
Greenwood Village, CO 80111
Subject: USR17-0059 - 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; Transloading and more than one cargo container in the A (Agricultural) Zone District.
(Discovery DJ Services, LLC)
On parcel(s) of land described as:
LOT B RECX17-0168 BEING A PART OF THE SE4 & E2SW4 SECTION 11, T1 N, R66W 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:
Brighton at Phone Number 303-655-2000
Fort Lupton at Phone Number 303-857-6694
Lochbuie at Phone Number 303-655-9308
Hudson at Phone Number 303-536-9311
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.
Respectfull
Kim Ogle
Planner
FIELD CHECK - USR17-0059
Inspection Date: November 21, 2017
Applicant: Discovery DJ Services, LLC
Request:
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, Transloading, and more than one cargo container in the A (Agricultural)
Zone District. (Discovery Fort Lupton Gas Plant II)
Legal: Lot B, RECX17-0168 being a part of the SE4 & E2SW4 of Section 11, T1 N, R66W of the 6th
P.M., Weld County, CO
Location: North of and adjacent to County Road 10; West of and adjacent to County Road 35 Section
Line
Parcel ID #: 1471-11-0-00-009
Acres: 138.41 +/-
Zoning
Land Use
N
AGRICULTURE
N
BOSS Composting
Encumbrances
[USR-1190],
Rural Residential
with oil and Gas
E
ESTATE
Buffalo Ridge Residential
Subdivision
E
S
AGRICULTURE
S
K -M Dougan Compressor
Station
[4MUSR17-81-468],
Dryland
prairie
W
AGRICULTURE
W
Discovery Gas Plant I
[USR16-0031]
, Dryland
prairie
Comments:
Access is from County Road 35 a paved County Road into the property. The road is graveled and graded
and is currently utilized by construction traffic for the Gas Plant I facility.
The property is located on topography with lands sloping up to the west and south from approximately the
midpoint line with relatively little topography across the property to the east and north. At the east
property line there is a change in grade sloping up to the east towards the residences within the Buffalo
Ridge Estates. At the intersection of County Road 35 and Eagle Street there is the fenced enclosure for
the Enterprise HP Pipeline appurtenance with outbuilding and support structures. The remaining property
is in sedges and grasses with oil and gas appurtenances.
A stop sign is in place for outbound traffic. Signs for restriction of truck traffic through subdivision are
present, both sides of Eagle Street
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Signature
❑ Access to Property - Approved Permit
❑ Site Distance
❑ Topography
❑ Crops - Dryland prairie, unless developed
❑ Oil & Gas Structures, K -M to south
Note any commercial business/commercial vehicles that are operating from the site.
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