HomeMy WebLinkAbout20183483.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION 41° IS -C CS
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 i- resolved by the Weld County Planning Commission that the application for:
CASE NUMBER USR18-0088
APPLICANT : SHELTON LAND & CATTLE LTD . CIO DCP OPERATING COMPANY . LP
PLANNER : KIM OGLE
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES . OIL AND GAS
SUPPORT AND SERVICE . NATURAL GAS PROCESSING FACILITY , AND ONE
( 1 ) UP TO ONE HUNDRED ( 100 ) FEET IN HEIGHT SECURE COMMUNICATIONS
TOWER . A TEMPORARY LAYDOWN AND STORAGE YARD . AND UP TO
THIRTEEN ( 13 ) CONSTRUCTION OFFICE TRAILERS AND TWENTY-ONE ( 21 )
CONEX CONTAINERS FOR USE DURING THE CONSTRUCTION OF THE
FACILITY IN THE A (AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : NE4 SECTION 2 . T3N . R65W OF THE 6TH P . M . . WELD COUNTY . COLORADO .
LOCATION. SOUTH OF AND ADJACENT TO CR 38 : WEST OF AND ADJACENT TO CR 47
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 Planning Commission that the applicant has shown compliance with Section 23-2 -
220 of the Weld Courty 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 .
B .
Section 22-2- 100 . E . C . Goal 5 . States " Minimize the incompatibilities that occur between commercial
uses and surrourding properties . " The facility is located on a 162 +/- acre parcel and all equipment is
fenced and gated . The proposed facility will not result in a substantial adverse impact on the other
property in the vicinity of the subject property .
The uses which will be permitted will be compatible with the existing surrounding land uses . The
surrounding properties are generally large agricultural lots , many with center pivots . To the west is
the Gilmore Ditch and Box Elder Creek floodplain . The proposed Development Standards address
lighting , screening , noise standards , access and tracking control . The Department of Planning
Services has not received any comments from the surrounding property owners regarding the
proposed gas plant .
The proposed Lse is in an area that can support this development and the existing screening , the
Development Standards , and the Conditions of Approval will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with surrounding land uses and the region .
C . 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 and
Section 23- 3-z0 . K allows one ( 1 ) or more microwave , radio , television or other communication
transmission or relay tower over seventy (70) feet in height per Lot 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
RESOLUTION USR18-0088
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PAGE 2
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 proposed Bighorn Gas Plant is located on a gently sloping site draining generally to the west with
an average grade of about 3 percent, towards an existing irrigation drainage ditch known as the
Gilmore Ditch . This ditch drains into the Box Elder Creek Watershed and then to the South Platte
River about 10 miles north of the site . The overall parcel is about 162 acres , of which 88 acres which
will be used to construct a natural gas processing plant. This includes approximately 20 acres will be
used temporarily for parking and a contractor lay-down yard . The nearest resident is 0 .65 miles to the
north of the proposed gas plant and within 500 feet of the property there are seven (7) property
owners . DCP is committed to mitigating potential off-site lighting and noise impacts generated by this
facility and will through a combination of equipment and engineering measures , including a 16-foot in
height pre-cast concrete wall erected at the perimeter of the gas plant facility, with some wall breaks
required for access roads , pipelines , emergency exits , et cetera . Implementation of this type of visual
and sound mitigation barrier maintains and complies with the applicable noise standard for the
proposed Bighorn Gas Plant.
Planning staff have received no telephone calls or correspondence concerning this application.
D . Section 23-2-220 .A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities .
The site is not located within the three (3 ) mile referral area of a municipality or County.
Should operations cease at the Bighorn Gas Plant , DCP will remove the equipment and buildings and
all of its components in accordance with Colorado Oil and Gas Conservation Commission (COGCC )
regulations . Where possible , materials will be reused or recycled . Where required , materials for
disposal will be removed by a licensed contractor and transported to a disposal site . DCP will
comply with all COGCC regulations concerning site restoration .
E . Section 23-2-220 .A. 5 -- The application complies with Chapter 23 , Articles V and XI , of the Weld
County Code .
The site is not in a Geologic Hazard or Flood Hazard Development Area or Airport Overlay District .
Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee , 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 gas plant is located on approximately 162 acres of "Other Land" per the 197' 9 Soil
Conservation Service Important Farmlands of Weld County Map. There is no irrigation water
associated with the parcel and therefore the property owner will not be taking any prime agricultural
land 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-
RESOLUTION USR18-0088
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PAGE 3
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 Planning Commission recommendation for approval is conditional upon the following :
1 . Prior to recording the USR map :
A. An Improvements and Road Maintenance Agreement is required for off-site improvements at this
location . Road maintenance includes , but is not limited to , dust control and damage repair to specified
haul routes . The Agreement shall include provisions addressing engineering requirements ,
submission of collateral , and testing and approval of completed improvements . (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 , incorporating the dark sky
policy and in accordance with the Weld County Code . (Department of Planning Services )
D . The applicant shall submit a Communications Plan . Per the application, DCP seeks to build
relationships , educate stakeholders and provide openness about the Bighorn Gas Plant activities
and issues . This three- part approach addresses our local community's need for information
regarding the ongoing operations of the proposed Bighorn Gas Plant .
Weld County Department of Public Health and the Environment and the Department of Planning
Services shall be included on any communication sites or protocols for dissemination of
information regarding plant operations at the Bighorn Gas Plant until the plant is decommissioned .
( Departments of Public Health and Environment and Planning Services )
E . The applicant shall submit a Well Abandonment Report ( Form GWS-g ) for well no . 87576, to the State
Engineer's Office , to affirm that the well was plugged and abandoned as required by permit no.
87576-A. Written evidence of compliance shall be submitted to the Department of Planning Services .
( Division of Water Resources)
F . The applicant shall attempt to address the requirements (concerns ) the Farmers Reservoir and
Irrigation Company as stated in their referral dated September 13, 2018 , or obtain a letter indicating
no agreement is necessary to the Department of Planning Services . ( Department of Planning
Services )
G . Prior to Recording the USR Map, the map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR18-0088
2 . The attached Development Standards . ( Department of Planning Services )
3 . The map shall be prepared per Section 23-2-260 . D of the Weld County Code . ( Department of
Planning Services )
4 . County Road 47 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way . All setbacks shall be measured from the edge
of right-of-way . This road is maintained by Weld County. ( Department of Public Works )
RESOLUTION USR18-0088
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5. County Road 38 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 )
6 . Show and label the approved access locations , approved access width and the appropriate
turning radii (60' ) on the site plan . The applicant must obtain an access permit in the approved
location (s ) prior to construction . ( Department of Public Works)
7 . 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 )
8 . Show and label the section line Right-of-Way as " CR 38 Section Line Right-Of-Way, not County
maintained . " ( Department of Public Works)
9 . Show and label a 30ft 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 )
2. Upon completion of Condition of Approval # 1 above , the applicant shall submit one ( 1 ) electronic copy
(. pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required as
Conditions of Approval . The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services . The map shall be prepared in accordance with the
requirements of Section 23-2-260 . D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty ( 120 ) days from the date of the Board of
County Commissioners Resolution . The applicant shall be responsible for paying the recording fee .
(Department of Planning Services )
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30 , 2012 , should the map not
be recorded within the required one hundred twenty ( 120 ) days from the date of the Board of County
Commissioners Resolution , a $50 .00 recording continuance charge shall be 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 mapsco.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 . ( Department of
Public Works )
6. Prior to Operation :
A. The applicant shall develop an Emergency Action and Safety Plan with the office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services . (Department of Planning Services )
RESOLUTION USR18-0088
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7. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations. The septic system
is required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Onsite Wastewater Treatment System Regulations . ( Department of Public Health and
Environments
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 )
Motion seconded by Elijah Hatch .
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 .
CERTIFICATION OF COPY
I , Kristine Ranslem , Recording Secretary for the Weld County Planning Commission , do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County ,
Colorado , adopted on October 16, 2018 .
Dated the 16th of October, 2018
464\i66, italtatithirL
Kristine Ranslem
Secretary
RESOLUTION USR18-0088
SHELTON LAND & CATTLE LTD, C/O DCP OPERATING COMPANY, LP
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP OPERATING COMPANY , LP
USR18 -0088
1 . A Site Specific Development Plan and Use by Special Review Permit, USR18-0088, for Mineral Resource
Development Facilities , Oil and Gas Support and Service , Natural Gas Processing facility , and one ( 1 ) up
to one hundred ( 100) feet in height secure communications tower ; a temporary laydown and storage yard ,
and up to thirteen ( 13 ) construction office trailers and twenty-one (21 ) conex for use during the
construction of the facility in the A. (Agricultural ) Zone District, subject to the Development Standards
stated hereon .
2. Approval of this plan may create a vested property right pursuant to Section 23-8- 10 of the Weld County
Code . (Department of Planning Services )
3. The hours of operation are 24 hours a day , seven (7 ) days a week. Scheduled maintenance events that
include flaring shall occur during daylight hours . (Department of Planning Services )
4. The number of employees is 15 full-time employees , 2 delivery truck drivers , and 8 transport truck drivers .
( Department of Planning Services)
5. 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 )
6. 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 & Environment)
7. 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 & Environment )
8. 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 & Environment)
9. 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 & Environment)
10 . 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 & Environment)
11 . 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 & Environment)
12 . 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 & Environment)
RESOLUTION USR18-0088
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13 . 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 & Environment)
14 . 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 Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations . (Department of Public Health & Environment)
15 . 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 &
Environment)
16 . The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. ( Department of Public Health & Environment)
17 . 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 & Environment)
18 . Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal . Records of installation , maintenance, and proper disposal shall be retained .
( Department of Public Health & Environment)
19 . 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 & Environment)
20 . 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 & Environment)
21 . The facility shall notify the County of any revocation and/or suspension of any State issued permit.
( Department of Public Health & Environment)
22 . 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 & Environment)
23 . The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code . ( Department of Public Health & Environment)
24 . 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 )
25 . The visual mitigation and screening , including the sound wall surrounding the facility shall be maintained .
(Department of Planning Services )
26 . Collocation of other antenna by other service providers shall be permitted on the tower. (Department of
Planning Services )
27 . Upon termination of the use of the communication antenna tower, the equipment shelter , antenna
structure , and any associated equipment shall be removed , and the premises restored to its original
condition according to the Decommissioning Plan . ( Department of Planning Services )
28 . Sources of light shall incorporate the dark sky policy and 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
RESOLUTION USR18-0088
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PAGE 8
adjacent properties in accordance with the approved lighting 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)
29 . The property owner shall control noxious weeds on the site. ( Department of Public Works )
30 . 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)
31 . There shall be no parking or staging of vehicles on public roads . On-site parking shall be utilized .
( Department of Public Works )
32 . 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)
33 . The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works )
34 . The Improvements Agreement for this site shall be reviewed on an annual basis , including possible
updates . ( Department of Public Works )
35 . Weld County is not responsible for the maintenance of onsite drainage related features . ( Department of
Public Works )
36 . The historical flow patterns and run-off amounts on the site will be maintained . (Department of Public
Works )
37 . Building permits may be required , per Section 29-3- 10 of the Weld County Code . Currently, the following
have been adopted by Weld County : 2012 International Codes, 2006 International Energy Code , and 2017
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection . (Department of Building Inspection)
38 . Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld
County Road Impact Program . ( Department of Planning)
39 . Building Permits issued on the proposed lots , will be required to adhere to the fee structure of the County
Facility Fee and Drainage Impact Fee . (Department of Planning )
39 . The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 , Weld County Code. (Department of Planning Services )
40 . The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 , Weld County Code . (Department of Planning Services )
41 . 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 . ( Department of Planning Services )
42 . The 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 . ( Department of Planning Services )
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43 . The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards . Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners . (Department of Planning Services )
44 . 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 .
45 . 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
RESOLUTION USR18-0088
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PAGE 10
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 .
Ailivw-c-es EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING tV2d8 -008%
Tuesday , October 16 , 2018
A regular meeting of the Weld County Panning 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 : Bruce Johnson , Bruce Sparrow , Skip Holland , Elijah Hatch , Gene Stille , Michael Wailes , Richard
Beck , Tom Cope .
Absent/Excused : Lonnie Ford .
Also Present : Kim Ogle , Diana Aungst , and Angela Snyder, Department of Planning Services ; Lauren Light
and Ben Frissell , Department of Health ; Evan Pinkham and Hayley Balzano , Public Works ; Frank Haug ,
County Attorney , and Kris Ranslem , Secretary .
CASE NUMBER : USR18-0088
APPLICANT: SHELTON LAND & CATTLE LTD , CIO DCP OPERATING COMPANY , LP
PLANNER : KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES , OIL AND
GAS SUPPORT AND SERVICE ; NATURAL GAS PROCESSING FACILITY , AND
ONE ( 1 ) UP TO ONE HUNDRED ( 100) FEET IN HEIGHT SECURE
COMMUNICATIONS TOWER ; A TEMPORARY LAYDOWN AND STORAGE
YARD , AND UP TO THIRTEEN ( 13) CONSTRUCTION OFFICE TRAILERS AND
TWENTY-ONE (21 ) CONEX CONTAINERS FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION : NE4 SECTION 2 , T3N , R65W OF THE 6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 38 ; WEST OF AND ADJACENT TO CR 47 .
Kim Ogle , Planning Services , presented Case USR18-0088 , reading the recommendation and comments
into the record . Mr. Ogle noted that one ( 1 ) letter was received from a surrounding property owner outlining
concerns of odor, noise and traffic and further stating that the facility is on irrigated land and questioning
why the facility could not be located 10 to 15 miles east of the site . The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards .
Hayley Balzano , Public Works , reported on the existing traffic , access to the site and drainage conditions
for the site . Ms . Balzano requested to add a Development Standard to read " The historical flow patterns
and run -off amounts on the site will be maintained " after Development Standard 35 .
Ben Frissell , Environmental Health , reviewed the public water and sanitary sewer requirements , on-site
dust control , and the Waste Handling Plan .
Patrick Groom , 822 7th Street , Greeley , Colorado , stated that this is for a request for operating a natural
gas processing plant on approximately 155 acres . Although it is in agricultural production , it is designated
as " other" land under the land designation system . DCP has made an effort to preserve prime farmland
and is not taking any prime farmland out of production with this application proposal .
One of the unique features of this plan is the concept of two (2 ) trains . Each train will operate independent
of the other train and each train is designed to process approximately 300 million cubic feet of natural gas
per day . Because of uncertainty in the market conditions , DCP ' s plan today is to build Phase 1 (Train 1 ) .
Depending on market conditions , Phase 2 , if permitted , would be built at a late date or consecutively if the
market demands are sufficient to warrant that . At this point , DCP is committed to constructing Phase 1 . If
Phase 2 is built , the proposed wall would be moved down to the proposed location on the map . This wall
is proposed to be a 16-foot high , pre-cast concrete wall similar in design to what has been built at Mewbourn
and what is permitted and approved for at the O ' Connor Gas Plant . This wall affords a screening and
aesthetic benefit and provides some sound mitigation .
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Mr. Groom noted the concerns of the surrounding property owner regarding odor and noise and added that
DCP will work with this landowner to mitigate her concerns.
Commissioner Stille asked what a train is. Mr. Groom said that gas goes through a line like a train on a
track. He added that gas will come in and go through the processing system and exiting at the other point.
Mr. Stille asked if there will be any noise. Mr. Groom said that there will be noise from the compressors
and combustion engines operating within the plant, but they will all be enclosed in insulated buildings.
Commissioner Stille asked what the creek is on the property and if it will be impacted. Mr. Groom said it is
the Gilmore Ditch operated by FRICO (Farmer's Reservoir and Irrigation Company). He added that DCP
will not affect the structure of the ditch by any of these proposed improvements. Mr. Groom said that FRICO
is concerned with the run-off from the plant. He added that there is a proposed detention pond that will be
constructed to capture any run-off from the plant and to observe and detect any pollutants and remediate
that. Under Colorado law, that water can only be held 72 hours and then released. Mr. Groom said that
they are currently in discussions with FRICO about how to mitigate their concerns regarding run-off into the
ditch and when waters discharge.
Commissioner Cope asked if the released water from the detention pond is being monitored through State
Health Department. Mr. Groom said that the design of the detention pond is approved by the Department
of Public Works and the detention of water is monitored by the State Engineer's Office. Mr. Cope said that
he is concerned with the environmental issues and said it would be good to monitor the release of the water
to make sure that no environmental hazards are released from the detention pond. Mr. Groom said that
the protocol is to have a visual inspection of the detained water before it is released so he doesn't believe
that there is any testing performed. He added that it is not clear if water released from that location will
sheet flow into the Gilmore Ditch.
Commissioner Holland is concerned with stormwater from this site and protecting the ditch. The ditch is an
irrigation source for agricultural land and doesn't think this is an insignificant issue. He thinks there is an
issue of water quality out of the detention basin and it will have an impact on the Gilmore ditch.
Commissioner Holland referred to the wall and asked why the wall doesn't include the other uses that are
subcontracted. Mr. Groom said that the natural gas facility is a secured facility and only DCP operators are
allowed into that facility for safety considerations. He added that there are third party contractors on site
and DCP does not want those contractors entering into the actual processing plants due to safety concerns.
Mr. Groom said that the proposed detention pond is designed to meet whatever the County imposes. He
added that FRICO may have additional requirements and DCP will need to address those requirements
with FRICO.
Commissioner Holland asked Staff if they knew the size of the detention pond. Ms. Balzano provided a
description of the design of the detention pond. She added that 100-year storm is the design storm in that
it needs to be captured and they also require water quality capture volume and a water quality orifice on
the pond to address particulate matter.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Myrna Folsom, 7050 Loma Linda, Longmont, Colorado, referred to an event that happened at a local area
near her and said that two (2) motorcycles drove up to an open area of the site and entered it. She asked
what kind of security is provided day and night.
Jean Mark, 22264 CR 40, LaSalle, Colorado, stated that she lives north of this site and her brother is the
closest house to this facility. She said that he is really concerned with the noise. She asked how many
pipelines will come and go to this plant. She expressed concern regarding the impact this will have on the
land, the wildlife, and traffic.
Commissioner Stille asked if there is a concern of vibration through the ground. Ms. Mark replied that she
is concerned with the vibration.
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Carl Jepsen, 20121 CR 42, stated that he and his bother own land next to this proposed site. He noted
that they have cattle on their property in the summer. He stated that he is concerned with the drainage
from the site as they have a low spot on their property and it seeps into the ground. He also inquired how
many pipelines will be coming out of the site.
The Chair asked Staff to review the noise standards. Mr. Frissell said that there is a commercial noise
standard for the property which is 60 decibels during the day and 55 decibels during the night. Mr. Groom
said that he is aware of only one (1) noise complaint that was substantiated, and it was on a compressor
station that DCP did not build but had acquired. He added that they are confident in this case that they will
meet the noise standard with the mitigation that they will implement.
Mr. Groom couldn't answer specifically how many pipelines the facility will have; however, the minimum
number of pipelines that come into the plant is a pipeline carrying the unprocessed gas into the plant and
then two (2) pipelines exiting the plant: one (1) pipeline with processed natural gas and one (1) pipeline
with natural gas liquids. He added that there could be more coming into the plant because of production
from different areas.
Mr. Groom said that the plant is manned 24 hours per day and added that it is a secured facility where no
one can enter the facility without clearance. He is not familiar what facility Ms. Folsom was referring to and
added that security is a priority for DCP and there are steps to keep it in place.
Mr. Groom said that traffic is a concern, but the beauty of a pipeline network is that the pipelines minimize
that traffic. Product will not be trucked out of this site but rather delivered to the pipelines. He doesn't
believe traffic will be a huge issue at this location.
Commissioner Cope is struggling with water quality for this site. He said the County could request
monitoring on a periodic basis or require the installation of a hydrocarbon type separator so that the water
released from this pond is going through a separator that would trap some of the hydrocarbons. He asked
the Planning Commissioners for their comments in regard to creating a development standard or leave it
to the Board of County Commissioners. Mr. Groom said that there are regulations and protocols in placed
that DCP is required to adhere to that are intended for those protections. He added that DCP is required
to comply with Weld County and State standards.
Commissioner Wailes said that he agrees with the applicant and everything that should be in place is in
place. Commissioner Holland doesn't disagree with that but he is concerned with the letter from FRICO as
they don't allow and developed stormwater into their ditch. Frank Haug, County Attorney, said that there is
a condition of approval which states that the applicant is required to attempt to comply with whatever FRICO
states. He added that there is a drainage engineer on Staff that reviews the drainage plans and ensure
that they are in compliance.
Motion: Add Development Standard 36 to read "The historical flow patterns and run-off amounts on the
site will be maintained", Moved by Tom Cope, Seconded by Gene Stille. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended 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 USR18-0088 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 Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
Commissioner Cope encouraged the County Commissioners to take a look at the release of the
environmental concern out of the detention pond.
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Commissioner Holland encouraged the County Commissioner to take a look at Item 7 under paragraph A,
Section23-2-22 which refers to the protection of health, safety and welfare, the inhabitants of the
neighborhood and the County relative to this discharge of potential pollutants into the FRICO ditch.
Commissioner Hatch stated that he lives within 1000 feet of the O'Connor Plant which is similar to this
proposed plant and while he was not in favor of that plant going in at the time, he stated that DCP has been
excellent neighbors. He added that they have complied with every concern that the public did have and
they are more than willing to work with the landowners and mitigate any and every issue.
Meeting adjourned at 5:23 pm.
Respectfully submitted,
`190,011,-"t
Kristine Ranslem
Secretary
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