HomeMy WebLinkAbout20182550.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT
PLANNER:
REQUEST
LEGAL DESCRIPTION
LOCATION:
USR18-0053
CRESTONE PEAK RESOURCES HOLDINGS. LLC, C/O DISCOVERY DJ
SERVICES, LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS
SUPPORT AND SERVICE (EIGHT (8) GAS COMPRESSORS AND RELATED
EQUIPMENT) AND UP TO FIVE (5) CONSTRUCTION OFFICE TRAILERS AND
EIGHT (8) CONEX FOR USE DURING THE CONSTRUCTION OF THE FACILITY
IN THE A (AGRICULTURAL) ZONE.
LOT A RECX18-0083, PART E2 SE4 SECTION 28, T1 N, R67W OF THE 6TH P.M ,
WELD COUNTY, COLORADO_
NORTHOF CR 4: WEST OF CR 19.
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 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 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;
RESOLUTION USR18-0053
CRESTONE PEAK RESOURCES HOLDINGS, LLC, C/O DISCOVERY DJ SERVICES, LLC
PAGE 2
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.
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.
The Planning Commission recommendation for approval is conditional upon the following:
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)
RESOLUTION USR18-0053
CRESTONE PEAK RESOURCES HOLDINGS, LLC, O/O DISCOVERY DJ SERVICES, LLC
PAGE 3
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. Crestone Peak Resources shall submit a partial vacation of 2ndAMUSR-589 to remove Lot A
RECX18-0083 from their permit boundary. (Department of Planning Services)
K. 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)
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)
RESOLUTION USR18-0053
CRESTONE PEAK RESOURCES HOLDINGS, LLC, O/O DISCOVERY DJ SERVICES, LLC
PAGE 4
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)
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 maps@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)
RESOLUTION USR18-0053
CRESTONE PEAK RESOURCES HOLDINGS, LLC, O/O DISCOVERY DJ SERVICES, LLC
PAGE 5
Motion seconded by Bruce Johnson.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Against Passage Absent
Tom Cope
David Stahl, Sr.
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 August 7, 2018.
Dated the 7th of August, 2018
sitSviea„<�`Pa„t
Kristine Ranslem
Secretary
RESOLUTION USR18-0053
CRESTONE PEAK RESOURCES HOLDINGS, LLC, O/O DISCOVERY DJ SERVICES, LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
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 PlanningServices)
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)
RESOLUTION USR18-0053
CRESTONE PEAK RESOURCES HOLDINGS, LLC, O/O DISCOVERY DJ SERVICES, LLC
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)
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)
RESOLUTION USR18-0053
CRESTONE PEAK RESOURCES HOLDINGS, LLC, O/O DISCOVERY DJ SERVICES, LLC
PAGE 8
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 #08123O -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.
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.
RESOLUTION USR18-0053
CRESTONE PEAK RESOURCES HOLDINGS, LLC, O/O DISCOVERY DJ SERVICES, LLC
PAGE 9
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
for the protection of the farmer's livelihood.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 7, 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 Vice Chair,
Gene Stille, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Elijah
Hatch.
Absent: Tom Cope, David Stahl, Sr.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Angela Snyder, Department of Planning Services;
Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Frank Haug, County
Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: USR18-0053
APPLICANT: CRESTONE PEAK RESOURCES HOLDINGS, LLC, C/O DISCOVERY DJ
SERVICES, 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 (EIGHT (8) GAS COMPRESSORS AND
RELATED EQUIPMENT) AND UP TO FIVE (5) CONSTRUCTION OFFICE
TRAILERS AND EIGHT (8) CONEX FOR USE DURING THE CONSTRUCTION
OF THE FACILITY IN THE A (AGRICULTURAL) ZONE.
LEGAL DESCRIPTION: LOT A RECX18-0083, PART E2 SE4 SECTION 28, T1 N, R67W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF CR 4; WEST OF CR 19.
Kim Ogle, Planning Services, presented Case USR18-0053, 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.
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.
Matt Norton, Discovery DJ Services, 3601 Stagecoach Road, Longmont, Colorado, stated that each
compressor is enclosed in a noise -insulated building. They will use hospital -grade mufflers and quiet tip
fans to minimize noise.
Mr. Norton provided an overview of the safety controls and procedures for the facility. The facility is located
on 10 acres and near and adjacent to multiple existing oil and gas production and support facilities.
Mr. Norton said that the first phase of the facility will be located on the northern portion of the property.
Commissioner Stille asked if the compressors will be operated by engines or motors. Mr. Norton said that
the compressors will be engines and they will be enclosed in noise -insulated buildings. Mr. Stille asked if
there are any issues regarding vibration. Mr. Norton said that the compressors are set on pads that would
dampen any vibration.
Commissioner Hatch asked what types of flares will be used on site. Lito White, Discovery DJ Services,
3601 Stagecoach, Longmont, Colorado, stated that they have had a design change to their site plan from
the original submittal. He said that originally they did have both a process flare and combustor planned for
the site; however, since then they have realized that they do no need the process flare so there will only be
a combustor on site.
1
Kristine Ranslem
Secretary
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bill Wycoff, 333 CR 17, stated that he is opposed to changing the agricultural area to an industrial area.
He said that this site is less than one mile from a proposed site on County Road 17 between County Roads
4 and 2 and asked if this project is in place of that site.
Mr. Wycoff said that he is interested in the size and pressures of the pipelines that are going into and out
of this site. Although the compressors are enclosed in buildings, he is concerned with the noise from the
compressors. He asked what sort of berms will be on site for protection from heat or fire to surrounding
property. Mr. Wycoff noted that it seems that Discovery DJ Services has been purchased by another firm
and asked if this is a legal issue as it is under new ownership.
Mr. Norton said that technically they are a Williams Company, however the permitting they do is through
Discovery DJ Services. The pipeline sizes will be 20 -inch going in and 16 -inch pipeline going out of the
facility. He added that typically the inlet pressure pipeline is 100 to 120 pounds and the discharge pressure
line is 1000 to 1100 pounds.
Mr. Norton said that noise making equipment will have sound mitigating barriers around them and that is
why they are enclosed in buildings. They perform pre and post noise studies of the facility to make sure
that there is not already something in the area that is busting the noise limit and also that they can come
back after construction to make sure that they are not violating those noise standards. He said that they
do not intend to install berms for concerns of fire and added that these facilities are designed to
automatically shut down. He added that they work with the local fire district in keeping equipment on site
for any potential events.
The Chair asked Staff if there is another facility within one mile of this site. Mr. Ogle said that this is the
same proposed facility: however, the applicants moved this facility to this proposed location as it was
originally located in an Regional Urbanization Area (RUA).
Mr. Ogle recommended adding a new Condition of Approval 1.J to read "Crestone Peak Resources shall
submit a partial vacation of 2"dAMUSR-589 to remove Lot A RECX18-0083 from their permit boundary" and
renumber accordingly.
Motion: Add new Condition of Approval 1.J as stated by Staff and renumber accordingly, Moved by Gene
Stille, Seconded by Bruce Johnson. 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 USR18-0053 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Sparrow, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Elijah Hatch.
Meeting adjourned at 2:08 pm.
Respectfully submitted,
2
ATTENDANCE RECORD
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