HomeMy WebLinkAbout20183893.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION U5R1l -pCAd
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: USR18-0090
APPLICANT: COALBANK INVESTMENT PARTNERS, LLC, C/O RIMROCK ENERGY
PARTNERS, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS
SUPPORT AND SERVICE (SIXTEEN (16) GAS COMPRESSORS AND RELATED
EQUIPMENT) A PERMANENT LAYDOWN AND STORAGE YARD, 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
LEGAL DESCRIPTION: LOT D REC EXEMPT RECX17-0012; NW4 SECTION 8, T7N, R66W OF THE 6TH
P.M. , WELD COUNTY. COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 27; SOUTH OF AND ADJACENT TO CR 84.
be recommended favorably 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 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 A. Goal 7. states "County land use regulations should protect the individual
property owner's right to request a land use change."
The applicant acquired the property currently in dryland agriculture for the purpose of constructing a
gas compressor station. The proposed facility is located in close proximity to existing infrastructure.
Section 22-2-20. G.2. A. Policy 7.2 states " Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area that
can support such development, and should attempt to be compatible with the region"
The land that Coalbank Investment Partners. LLC is proposing to convert to industrial use is non-
irrigated land that is located in a rural area where there is a significant amount of oil and gas activity
already occurring on adjacent properties. There are pipelines and associated improvements
proposed for this facility and are also in close proximity, specicially located near the intersection of
County Roads 27 and 84 .
Section 22-2-20. H A. Goal 8. States "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for more
intensive development. "
The proposed facility will be unmanned, with bottled water and port-a-lets utilized during construction
and removed post construction. Access to the facility is via an approved access point from County
Road 27.
Section 22-2-20. 1 A. Goal 9. states '' Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses."
The proposed facility is located on land being converted to an industrial use is currently non-irrigated
RESOLUTION USR18-0090
COALBANK INVESTMENT PARTNERS, LLC, C/O RIMROCK ENERGY PARTNERS, LLC
PAGE 2
agricultural land adjacent more than 1500 feet from any residence on a site that slopes away from the
exsiting residential property.
Section 22-2-20.1.5 A.Policy 9.5. states "Applications for a change of land use in the agricultural
areas should be reviewed in accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those affected by the proposed land
use change through the referral process."
The site is located within the three-mile referral area of the Towns of Severance. Pierce and Ault.
The applicant has met with the communities to discuss this project prior to submitting this
application. Local and State referral agencies were contacted for their comments concerning this
proposed facility and as appropriate, their comments have been included in the staff
recommendation as a condition of approval or a development standard. Planning staff has not
received any correspondence or telephone calls concerning this application.
Section 22-5-100.A.2 OG.Policy 1.2 states"Oil and gas support facilities which do not rely on geology
for locations should locate in commercial and industrial areas,when possible, and should be subject
to review in accordance with the appropriate sections of this [Weld County] Code."
The proposed Severance Compressor Station site is located in a sparsely populated area of the
County where there is already a significant amount of oil and gas development. The site will utilize
piping to bring gas to the facility,thereby limiting truck traffic on area roads. While construction of the
site will generate some impacts because of the extra activity and trips to the site, once the facility
is constructed, the site and the impacts on the surrounding land will be minimal.
Section 22-5-100.B.6 OG.Policy 2.6. states "Promote the safety of all citizens and structures that
are in relatively close proximity to oil and gas facilities."
The applicant will be required to create and obtain approval from the Ault-Pierce Fire Protection
District and Weld County Office of Emergency Management of an Emergency Action Plan for the
facility. The applicant indicates they have been in contact the Fire District to inform them about the
project and coordinate with them on an emergency action plan. An Emergency Information Sheet will
be distributed to the District every year with updated information.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A(Agricultural)Zone
District. Weld County Code, Chapter 23, Article III, 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, related equipment and structures in the A
(Agricultural)Zone District.
Agriculture in the County is considered a valuable resource which must be protected from adverse
impacts resulting from uncontrolled and undirected business, industrial and residential land uses.
The A(Agricultural)Zone District is established to maintain and promote agriculture as an essential
feature of the County.The A(Agricultural)Zone District is intended to provide areas for the conduct
of agricultural activities and activities related to agriculture and agricultural production without the
interference of other, incompatible land uses. The A(Agricultural)Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right. The A (Agricultural)
Zone District regulations are established to promote the health, safety and general welfare of the
present and future residents of the County.
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 a 700 head dairy(SUP-
403), rural residential properties with outbuildings and vacant parcels of land for future development
created by Recorded Exemption;lands to the east have one rural residence and agricultural lands,to
RESOLUTION USR18-0090
COALBANK INVESTMENT PARTNERS, LLC, C/O RIMROCK ENERGY PARTNERS, LLC
PAGE 3
the south are several rural residences and a 5000 head cattle and sheep confined animal operation
(AmSUP-205), lands to the west are vacant and in agriculture production. On all surrounding lands
are numerous oil and gas facilities,well heads and tank batteries present to the west and south of this
property. There are seventeen(17)property owners within five hundred feet of this proposed facility,
with the nearest residence being to the northwest of the property line approximately 1500-feet from
the compressor site with three other residences located between 1700-200 feet from the Compressor
station facility. Staff has received one letter from an interested neighbor and no telephone calls or
electronic mail from surrounding property owners or 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 Town of Ault in their referral dated September 6, 2018 stated they had reviewed the request
and find no conflicts with their interests. The Town of Severance and the Town of Pierce did not
provide 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 located within the Flood Hazard overlay district area. The property is not within the
Geologic 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.
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 15 acre
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 develop a Lighting Plan for review and acceptance. In accordance with the Weld
County Code. (Department of Planning Services)
D. The USR map shall be amended to delineate the following:
1. All sheets of the USR map shall be labeled USR18-0090 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
RESOLUTION USR18-0090
COALBANK INVESTMENT PARTNERS, LLC, C/O RIMROCK ENERGY PARTNERS, LLC
PAGE 4
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. County Road 27 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)
5. County Road 84 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. Show and label the approved access location,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)
7. Show and label the approved tracking control on the site plan. (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 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)
12. 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)
13. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services- Floodplain)
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)
B. A Flood Hazard Development Permit (FHDP) is required to be submitted and approved for any
development in the floodplain including the access road. (Department of Planning Services -
Floodplain)
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)
RESOLUTION USR18-0090
COALBANK INVESTMENT PARTNERS, LLC, C/O RIMROCK ENERGY PARTNERS, LLC
PAGE 5
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.).Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of
Planning Services)
6. 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 be added for each additional
three (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)
Motion seconded by Bruce Sparrow.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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.
RESOLUTION USR18-0090
COALBANK INVESTMENT PARTNERS, LLC, C/O RIMROCK ENERGY PARTNERS, LLC
PAGE 6
CERTIFICATION OF COPY
I, Michelle Wall, 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 November 20, 2018.
Dated the 20th of November, 2018
qnkCUGf-emsMichelle Wall
Secretary
RESOLUTION USR18-0090
COALBANK INVESTMENT PARTNERS, LLC, C/O RIMROCK ENERGY PARTNERS, LLC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Coalbank Investment Partners, LLC
Severance Compressor Station
USR18-0090
1. A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development
Facilities including Oil and Gas Support and Service (16 gas compressors and related equipment) a
permanent laydown and storage yard, and up to 5 construction office trailers and 5 conex containers for
use during the construction of the facility in the A (Agricultural) Zone District, 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. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
4. This is an unmanned facility. (Department of Planning Services)
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
6. The visual mitigation and screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
7. The property owner shall control noxious weeds on the site. (Department of Public Works)
8. 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)
9. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
10. 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)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
12. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
13. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
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 the 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 the 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,
RESOLUTION USR18-0090
COALBANK INVESTMENT PARTNERS, LLC, C/O RIMROCK ENERGY PARTNERS, LLC
PAGE 8
Article 1 of the Weld County Code. (Department of Public Health and the 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 the
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 the 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 the 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 the 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 the
Environment)
24. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and the Environment)
25. 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 the Environment)
26. 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 the Environment)
27. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment(CDPHE), Water Quality Control Division, if applicable.
28. 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 the Environment)
29. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and the Environment)
30. 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)
31. 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 the Environment)
32. 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
RESOLUTION USR18-0090
COALBANK INVESTMENT PARTNERS, LLC, C/O RIMROCK ENERGY PARTNERS, LLC
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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)
33. 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-1225E effective date January 20, 2016 (Coalbank 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)
34. FEMA's floodplain boundaries may be updated at any time by FE MA. 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)
35. 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)
36. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
37. 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.
38. 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.
39. 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.
40. 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.
41. 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,
RESOLUTION USR18-0090
COALBANK INVESTMENT PARTNERS, LLC, C/O RIMROCK ENERGY PARTNERS, LLC
PAGE 10
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.
Pc Menu*eS EXHIBIT
11IPo ( ad% D ,
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING a te-b
M15taIVs - c ()
Tuesday, November 20, 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,
Michael Wailes, at 12: 30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson , Tom Cope, Lonnie Ford, Richard Beck.
Absent: Gene Stille, Elijah Hatch , Skip Holland.
Also Present: Kim Ogle, Chris Gathman, Michael Hall, Department of Planning Services; Lauren Light
and Ben Frissell, Department of Health; Evan Pinkham. Public Works; Bob Choate, County Attorney,
and Michelle Wall, Secretary.
Motion : Approve the November 6, 2018 Weld County Planning Commission minutes, Moved by
Bruce Sparrow. Seconded by Tom Cope. Motion passed unanimously.
Commissioner Skip Holland joined the Planning Commission hearing at 1 :22 p.m.
CASE NUMBER: USR18-0090
APPLICANT: COALBANK INVESTMENT PARTNERS. LLC, C/O RIMROCK ENERGY
PARTNERS, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND
GAS SUPPORT AND SERVICE (SIXTEEN ( 16) GAS COMPRESSORS AND
RELATED EQUIPMENT) A PERMANENT LAYDOWN AND STORAGE YARD,
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
LEGAL DESCRIPTION LOT D REC EXEMPT RECX17-0012; NW4 SECTION 8, T7N, R66W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 27; SOUTH OF AND ADJACENT TO CR 84.
Kim Ogle. Planning Services, presented Case USR18-0090, reading the recommendation and comments
into the record . The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Commissioner Johnson asked if this site is adjacent or in close proximity to the pipeline that was approved
two or three months ago. Staff replied that it is.
Evan Pinkham. Public Works. reported on the existing traffic. access to the site and drainage conditions for
the site.
Ben Frissell. Environmental Health. reviewed the public water and sanitary sewer requirements, on-site
dust control. and the Waste Handling Plan .
Anne Best Johnson , Tetra Tech. 1560 Broadway Suite 1400, Denver, Colorado. Ms. Johnson explained
that representatives from RimRock and Coalbank Investments were available to answer any questions.
Facility specifics will be presented by Craig Whitnack. Andrew Truitt from Bahrens and Associates Inc. will
discuss noise mitigation. Ms. Johnson explained the natural gas supply chain from production to
consumption. She said this USR application is for the Severance Compression Facility.
Ms. Johnson stated that a Surrounding Property meeting was held in July. The neighbor directly to the
west attended the meeting along with his friend. The two individuals expressed concerns about the wet
area along County Road 27. Ms. Johnson explained the road has been moved to address these concerns.
Craig Whitnack, 1138 North Robinson Avenue Suite 101, Oklahoma City, Oklahoma. Mr. Whitnack said
the facility will be constructed in two phases. The phase on the north side is budgeted and envisioned at
this time. He said that maintenance and operation staff will enter the site from the access road off of County
Road 27. This will be an unmanned facility.
Mr. Whitnack explained the pipelines are proposed to enter the facility from the west. Once onsite the gas
is compressed to high pressure,gets treated, has water and some contaminants removed. It is filtered and
dehydrated and will leave the facility to the north toward the Pierce Processing Plant. Mr. Whitnack said
no condensate storage will be onsite. They plan on pumping the condensate into the discharge line of the
facility and moved to the Pierce Processing Plant.
Ms. Johnson shared three visual simulations from County Road 27 looking east across the proposed
access, from County Road 64 looking directly south, and from County Road 29 looking northwest.
Andrew Truitt, 9536 East 1-25 Frontage Road, Longmont, Colorado. Mr. Truitt stated he is a Senior
Engineer for Behrens and Associates, Environmental Noise Control. He explained he has been contracted
to provide acoustical engineering support for this project. Mr. Truitt shared sound measurement results
and said noise standards are in full compliance with Weld County Code.
Chair Wailes asked Mr. Truitt if his modeling takes into account the future landscaping plans. Mr. Truitt
answered that they include as-built and proposed topography.
Commissioner Ford asked if the measurement of 115 dBA was for each compressor engine or a combined
measurement of all the compressor engines. Mr.Truett answered that 115 dBA is per engine. He explained
that the compressor buildings that contain the engines create an acoustical shield.
Commissioner Holland asked Mr. Truett how the design and detail of the noise study is monitored. Mr.
Truitt explained they work closely with RimRock to make sure the equipment is engineered to meet the
noise standards. Mr. Holland asked Mr. Truett if their company returns to the site after it is in operation to
verify the noise levels are correct and if the noise study report requires the signature and stamp of a
professional engineer. Mr. Truitt responded that the only state that requires the signature and stamp of a
professional engineer is Oregon, it is not required in Colorado. Mr. Holland asked who is responsible for
making sure the noise levels are in compliance. Mr. Truitt explained Environmental Health would take
action by following the County Code.
Commissioner Beck asked Mr. Truett if they are contracted to come back after the facility is built to make
sure the noise levels are in compliance. Mr. Truitt answered that they were not at this point in time.
Craig Whitnack spoke about the safety of the site. The facility will be designed to be safe, secure and meet
all federal and state requirements. He shared that they take pride in community involvement.
Ms. Johnson explained that the facility will meet all the conditionals of approval and requested a favorable
vote.
Commissioner Holland expressed concern about the discharge/drainage from the site. Mr. Pinkham
ensured him that the applicant will need to meet all drainage requirements.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jane and Ted Cluett, 40928 County Road 27, Ault, Colorado. Ms. Cluett said they are the neighbors
immediately adjacent to the facility. She said they live on a 10-acre farm along with her daughter and her
family. They are concerned about the effects on their family home and farm. Ms. Cluett has concerns
about the property value, roads, dust, lights, noise and road access. She said she has mixed emotions
because she wants them to have their facility but just doesn't want it in her backyard. Mr. Cluett said he
hopes that RimRock will mitigate the road access and keep road dust at a minimum. He said they want to
be good neighbors, they want to continue to be able to enjoy seeing the stars and keep the tranquility.
Ms.Johnson explained that the applicant has agreed to adhere to the International Dark Skies Association's
lighting plans and specifications. The facility will not use lighting except in case of an emergency. All
lighting is at a 90-degree angle. Ms. Johnson explained they have been working with Public Works to find
the best access for the road. She said the road will be watered when there are dust issues.
Chair Wailes asked Environmental Health how a noise violation would be handled. Mr. Frissell explained
Environmental Heath would receive a complaint, then they would send out a representative from the office
to take noise measurements. If Environmental Health deemed the noise to be in excess, they would work
with the applicant and Planning staff to mitigate until the facility is in compliance. Mr. Frissell said if they
continued to receive complaints, they would work with the Planning staff to bring the issue in front of the
Board of County Commissioners. Mr. Ogle stated if the applicant elects not to bring the property into
compliance, a Probable-Cause Show-Cause hearing would go before the Board of County Commissioners.
One of the options would be to revoke the permit.
Commissioner Ford discussed his concerned that the noise levels are never measured after the facility is
built and he feels County staff should make sure noise requirements are met. Commissioner Beck said it
was his opinion that the developer is responsible to measure the noise levels, not County staff.
Commissioner Johnson said he feels the development standards should be written to require the developer
to measure noise after the facility is built.
Ms. Johnson said that RimRock will do voluntary noise testing after the facility is built. She said that
RimRock wants their facility to be in compliance as well.
Commissioner Cope asked how close the neighbors are to the facility. Ms. Johnson said measuring from
the southern boundary of the Cluett's property to the facility is 1500 feet. The proposed road is 150 feet
from the southern boundary of the Cluett's property.
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 USR18-0090 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 Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,Tom Cope.
Absent: Elijah Hatch, Gene Stille.
Commissioner Johnson said he agreed with the staff's recommendations.
Commissioner Beck recommended that Staff change development standards to require the developer to
test noise levels after completion on their facility. Commission Ford and Commissioner Holland agreed
with Commissioner Beck's comment.
Commissioner Johnson said he hopes the applicant will mitigate with the Cluett's and water the roads if
there are dust issues.
Meeting adjourned at 5:19 p.m.
Respectfully submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
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