HomeMy WebLinkAbout20182551.tiffPlanner:
Case
Number:
Kim Ogle
USR18-0053
LAND USE APPLICATION
SUMMARY SHEET
PRELIMINARY
Hearing Date: August 7, 2018
Applicant: Crestone Peak Resources Holdings, LLC, 1801 California Street, Denver CO 80202
c/o Discovery DJ Services, LLC, 7859 Walnut Hill Lane, Dallas TX 78230
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service including (Eight (8) gas
compressors and related equipment) and up to five (5) construction office trailers and ten (10)
conex for use during the construction of the facility in the A (Agricultural) Zone
Legal Lot A, RECX18-0083 being part of the E2 SE4 of Section 28, Township 1 North, Range 67
Description: West of the 6th P.M., Weld County Colorado
Location: Approximately 2000 feet North of County Road 4; Approximately 730 feet West of County
Road 19
Size of Parcel: 10 +/- acres Parcel Number: 1469-28-4-00-004
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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 responses with comment from the following
agencies:
Weld County Department of Public Health and Environment, referral dated May 21, 2018
Weld County Department of Public Works, referral dated June 29, 2018
The Department of Planning Services' staff has received responses without comment from the following
agencies:
Weld County Zoning Compliance, referral dated January 5, 2018
City of Northglenn, referral dated June 13, 2018
Weld County Sheriff's Office, referral dated June 22, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Adams County
City of Dacono
KP Kauffman Company
Colorado Parks and Wildlife
Brighton Fire Protection District
Weld County Building Department
West Adams Conservation District
City of Brighton
History Colorado
Weld County Office of Emergency
Management
Discovery DJ Services, LLC — West Brighton Compressor Facility
USR18-0053, page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Hearing Date: August 7, 2018
Number: USR18-0053
Applicant: Crestone Peak Resources Holdings, LLC, 1801 California Street, Denver CO 80202
c/o Discovery DJ Services, LLC, 7859 Walnut Hill Lane, Dallas TX 78230
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service including (Eight (8) gas
compressors and related equipment) and up to five (5) construction office trailers and ten (10)
conex for use during the construction of the facility in the A (Agricultural) Zone
Legal Lot A, RECX18-0083 being part of the E2 SE4 of Section 28, Township 1 North, Range 67
Description: West of the 6th P.M., Weld County Colorado
Location: Approximately 2000 feet North of County Road 4; Approximately 730 feet West of County
Road 19
Size of Parcel: 10 +/- acres Parcel Number: 1469-28-4-00-004
Narrative:
Discovery DJ Services, LLC is in the process of expanding operations in Weld County, Colorado. The
expansion project will include adding compressors and interconnecting pipelines for the purpose of
gathering raw natural gas and preparing it for compression and insertion into commercial sales pipelines.
This application only addresses the West Brighton compressor station. Additional USR permit applications
will be submitted for any future compressor stations, gas plants and pipelines. The unmanned West Brighton
compressor station will be located within a 10 acre parcel developed for the facility. The site will be fully
fenced and the area inside the fence will be graveled. The area outside the fence will have an earth berm and
be re -vegetated with native grasses.
THE 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 22-5-100.A. (OG.Goal 1.) states "
Promote the reasonable and orderly exploration and development of oil and gas mineral
resources."
Discovery DJ Services, LLC — West Brighton Compressor Facility
USR18-0053, page 2
Discovery DJ Services, LLC is in a business that is in the midstream segment of the natural
gas industry. As part of its business, Discovery gathers natural gas from wellheads, performs
gas processing, and transmits final products to customers via pipelines. The DJ Basin area
has seen rapid expansion as new drilling technologies are allowing more oil and gas to be
produced. As a result, gas gathering and processing capacity needs to be expanded in order
to meet the growing production. To meets these needs, Discovery is proposing, the West
Brighton compressor station necessitated by the need to move larger volumes of gas due to
the increases in drilling activity and projected additional production increases anticipated by
producers. Further, this need is based on new technology for uncovering natural gas
discoveries and the ability of the DJ Basin to expand based on these new technologies. The
proposed compressor will be sited on private property owned by Discovery DJ Services, LLC.
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and County, and will address and mitigate impacts on the
surrounding area due to the construction of this facility.
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 of the Weld County Code provides for Mineral Resource
Development, Oil and Gas Support and Service 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 property is generally flat with a slight slope to the south and east.
This land is a Recorded Exemption parcel created for this facility. Adjacent lands to the north
include the NGL Injection Well and offload terminal (USR15-0067) and the Dry Creek
Regional Urbanization Area; lands to the east and south are permitted for a Mineral Resource
Development Facilities including Oil and Gas Support and Service including an obsolete gas
plant and pending Crestone Peak Resources Holdings, LLC application for a storage yar;
lands to the west are vacant and in agriculture production and are also a part of the Dry
Creek Regional Urbanization Area. On all surrounding lands are numerous oil and gas
facilities, well heads and tank batteries present in each direction. There are five (5) property
owners on 10 parcels within five hundred feet of this proposed facility, with the nearest
residence being to the northwest of the property line approximately 1825 -feet; to the
northeast approximately 1630 -feet and to the south approximately 1675 -feet to the
Compressor station facility. Staff has received no letters, one telephone call from an
interested neighbor and no electronic mail from interested parties.
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 mile referral area of the Cities of Brighton,
Dacono and Northglenn and Adams County. The City of Northglenn returned a referral dated
June 13, 2018 indicating no concerns. The City of Brighton, City of Dacono and Adams
County did not return a referral response.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The site is within the County -wide Road Impact Fee
Area.
Building Permits issued on the lots will be required to adhere to the fee structure of the
County -wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
Discovery DJ Services, LLC — West Brighton Compressor Facility
USR18-0053, page 3
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. This proposed facility is
located on a 10 acre subdivision exemption parcel for the compressor site. The proposed
facility is sited on lands that are designated as "Prime if they become Irrigated" on the
Important Farmlands of Weld County map dated 1979. There is no irrigation water
associated with the use or the property, therefore no Prime Land has been taken out of
production.
G. Section 23-2-220.A.7 -- 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 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.
1. Prior to recording the USR map:
A. A Road Maintenance Agreement is required during construction 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. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
C. The applicant shall 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)
D. The applicant shall develop a Lighting Plan for review and acceptance. In accordance with the
Weld County Code. (Department of Planning Services)
E. The applicant shall develop a Communication Plan for review and acceptance by the Department
of Planning Services. (Department of Planning Services)
F. The applicant shall develop a Noise Mitigation Plan for review and acceptance by the Department
of Planning Services. (Department of Planning Services)
G. The applicant shall develop and submit a visual mitigation and screening plan to the Department
of Planning Services for review and approval. (Department of Planning Services)
H. The applicant shall develop a sign plan for review and approval in compliance with Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code to the
Department of Planning Services for review and approval. (Department of Planning Services)
I. The applicant shall submit written evidence that the Conditions of Approval have been met
and that RECX18-0083 has been submitted for recordation. (Department of Planning
Services)
J. The USR map shall be amended to delineate the following:
1. All sheets of the USR map shall be labeled USR18-0053 (Department of Planning Services)
Discovery DJ Services, LLC — West Brighton Compressor Facility
USR18-0053, page 4
2. The attached Development Standards. (Department of Planning Services)
3. The USR map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The recorded easement for ingress, egress and utilities shall be referenced on the USR map
by the Weld County Clerk and Recorder's Reception number. (Department of Public Works)
5. County Road 4 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)
6. County Road 19 is a paved 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)
7. Show and label the approved access locations, approved access width and the appropriate
turning radii (60 -feet) 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 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)
9. Show and label a 30 -feet minimum access and utility easement to provide legal access to the
parcel on the site plan. (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. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
12. Show the location and dimension of the facility sign. 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)
13. The lighting shall be shown on the map in accordance with Section 23-3-250.B.6 of the Weld
County Code. (Department of Planning Services)
2. 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)
Discovery DJ Services, LLC — West Brighton Compressor Facility
USR18-0053, page 5
3. 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)
4. Upon completion of Conditions of Approval No.1. above the applicant shall submit a Mylar USR map
along with all other documentation required as Conditions of Approval. The Mylar USR map shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'
Staff. The USR map shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. The Mylar USR 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)
5. 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 mags@co.weld.co.us.
(Department of Planning Services)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the USR
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 be added for each
additional 3 month period. (Department of Planning Services)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review USR map is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
Discovery DJ Services, LLC — West Brighton Compressor Facility
USR18-0053, page 6
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Discovery DJ Services LP
USR18-0053
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
Facilities including Oil and Gas Support and Service including (Eight (8) gas compressors and related
equipment) and up to five (5) construction office trailers and ten (10) conex for use during the construction
of the facility in the A (Agricultural) Zone, and 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. 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)
4. The visual mitigation and screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
5. The approved Noise Mitigation Plan shall be maintained. (Department of Planning Services)
6. The approved Communications Plan shall be maintained (Department of Planning Services)
7. The approved Lighting Plan shall be maintained in accordance with the Weld County Code. (Department
of Planning Services)
8. The property owner shall control noxious weeds on the site. (Department of Public Works)
9. 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)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. 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)
12. The historical flow patterns and runoff amounts on the site will be maintained. (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. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
15. 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)
16. 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)
Discovery DJ Services, LLC — West Brighton Compressor Facility
USR18-0053, page 7
17. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code. (Department of Public Health and Environment)
18. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
19. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
20. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers. (Department of Public Health and Environment)
21. 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)
22. 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)
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 adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
26. 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)
27. 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)
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 or
other notice of non-compliance. (Department of Public Health and Environment)
Discovery DJ Services, LLC — West Brighton Compressor Facility
USR18-0053, page 8
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. 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)
32. The property owner shall be responsible for controlling the noxious weeds on site. (Department of Public
Works)
33. This is an unmanned facility. (Department of Planning Services)
34. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -2100E effective date January 20, 2016 (Big Dry Creek Floodplain). Any
development shall comply with all applicable Weld County requirements, Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and
FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials. (Department of Planning Services - Floodplain)
35. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
36. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-
wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. (Department of Planning)
37. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
38. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
39. 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.
40. 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.
41. 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.
42. 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.
Discovery DJ Services, LLC — West Brighton Compressor Facility
USR18-0053, page 9
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.
43. 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
Discovery DJ Services, LLC — West Brighton Compressor Facility
USR18-0053, page 10
for the protection of the farmer's livelihood.
Discovery DJ Services, LLC — West Brighton Compressor Facility
USR18-0053, page 11
June 26, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
STACIE REIBER
540 E BRIDGE ST STE A
BRIGHTON, CO 80601
Subject: USR18-0053 - A Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (Four (4) gas compressors
and related equipment) and up to five (5) construction office trailers and five (5) conex for use during the
construction of the facility in the A (Agricultural) Zone
On parcel(s) of land described as:
LOT A RECX18-0083, PART E2 SE4 SECTION 28, T1 N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 7, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 29, 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,
Kim Ogl
Planner
June 01,2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
STACIE REIBER
540 E BRIDGE ST STE A
BRIGHTON, CO 80601
Subject: USR18-0053 - A Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facilities including Oil and Gas Support and Service (Four (4) gas compressors
and related equipment) and up to five (5) construction office trailers and five (5) conex for use during the
construction of the facility in the A (Agricultural) Zone
On parcel(s) of land described as:
LOT A RECX18-0083, PART E2 SE4 SECTION 28, T1 N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Brighton at Phone Number 303-655-2000
Dacono at Phone Number 303-833-2317
Northglenn at Phone Number 303-450-8709
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,
Planner
FIELD CHECK- USR 18-0053
Inspection Date: July 27, 2018
Applicant: Discovery DJ Services, LLC
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities including Oil and Gas Support and Service including (Eight (8) gas
compressors and related equipment) and up to five (5) construction office trailers and ten (10)
conex for use during the construction of the facility in the A (Agricultural) Zone
Legal: Lot A, RECX18-0083 being part of the E2 SE4 of Section 28, Township 1 North, Range 67 of
the 6th P.M., Weld County, CO
Location: Approximately 2000 feet North of County Road 4; Approximately 730 feet West of County
Road 19
Parcel ID #: 1469-28-4-00-004
Acres: 10 +/-
Zoning
Land Use
N
AGRICULTURE
N
MUSR15-0067 NGL CLASS II, INJECTION WELL SITE
E
AGRICULTURE
E
2AMUSR 589; ENCANA OBSOLETE GAS PROCESSING FACLILTY
S
AGRICULTURE
.
S
MUSR12-0013 CLASS II DISPOSAL SITE AND 2AMUSR 589
W
AGRICULTURE
W
AGRICULTURE LANDS — DRY CREEK RUA
Comments:
The property is fenced in chain link with a regulated access gate into property from County Road 19. The
access road is graveled and graded and is more than 25 feet in width. To the north is the NGL Class II
Disposal wells and offload facility. To the west are vacant lands and an irrigation ditch, to the east is the
obsolete natural gas processing facility currently being utilized as a storage yard and to the east of
County Road 19 is the Public Service of Colorado Natural Gas Control Station permitted under 3AmUSR-
778. The property is surrounded by heavily industrial uses and appears to be compatible with the current
land uses as proposed. County Road 19 is a two lane road, heavily travelled by trucks.
The 10 acre site is located in the NW quadrant of the parcel outside of the Floodplain and outside, yet
adjacent to the Dry Creek RUA. The proposed uses within the RUA is for suburban residential on larger
tracts of land. The Discovery proposal will utilize an earth berm and evergreen trees to visual mitigate the
proposed facility from the adjacent residential uses to the west and north.
Signat
Acceso perty, graveled and graded with a secure point of entry, including camera
o Site Distance, good visibility
o Oil & Gas Structures on adjacent property
❑ Topography, generally slopes to the west and north on this site
Note any commercial business/commercial vehicles that are operating from the site.
Hello