HomeMy WebLinkAbout20171598.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: May16, 2017
Case Number: 5MJUSR17-83-542
Applicant: DCP Operating Company, LP, do Paul D. Park, 3026 4th Avenue, Greeley
Representatives: Christina White, White Engineering, Inc., 3620 W. 10th Street, Greeley
Patrick Groom, Witwer, Oldenburg Barry & Groom, LLC, 822 7th Avenue, Greeley
Request:
Legal
Description:
A Site Specific Development Plan and 5th Amended Use by Special Review Permit
No. USR-542 for Mineral Resource Development Facilities, Oil and Gas Support and
Service, (Natural Gas Processing facility, the addition of gas processing equipment
and one (1) up to one hundred (100) feet in height secure communications tower in
the A (Agricultural) Zone District. (DCP Operating Company, LP — Mewbourn Gas
Plant)
Lot B of Corrected Recorded Exemption RE -3202 and Lot A of Amended Recorded
Exemption RE -591; being part of the SE4 of Section 35 Township 4 North, Range 66
West of the 6th P.M., Weld County Colorado
Location: North of and adjacent to County Road 38 Section Line, west of and adjacent to
County Road 35
Size of Parcel:
+/- 127 acres Parcel No. 1057-35-4-00-002
1057-35-4-00-008
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
Weld County Public Works, referral dated April 4, 2017
Y Weld County Department of Public Health and Environment, referral dated April 6, 2017
Y Weld County Department of Planning Services — Engineer, referral dated April 10, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Zoning Compliance, referral dated March 14, 2017
Y Weld County Sheriff's Office, referral dated March 29, 2017
Y Central Weld County Water District referral dated March 31, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V V V
Platteville-Gilcrest Fire Protection District
Platte Valley Canal (FRICO)
Weld County Office of Energy Management
Colorado Parks and Wildlife
Colorado Oil and Gas Conservation Commission
West Greeley Conservation District
Colorado Department of Public Health and Environment
Town of Gilcrest
Weld County Building Inspection
5MJUSR17-83-542 - DCP Operating Company, LP, Pagc 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: May 15, 2017
Case Number: 5MJUSR17-83-542
Applicant: DCP Operating Company, LP, do Paul D. Park, 3026 4th Avenue, Greeley
Representative: Christina White, White Engineering, Inc., 3620 W. 10th Street, Greeley
Patrick Groom, Witwer, Oldenburg Barry & Groom, LLC, 822 7th Avenue, Greeley
Request:
Legal
Description:
A Site Specific Development Plan and 5th Amended Use by Special Review Permit No.
USR-542 for Mineral Resource Development Facilities, Oil and Gas Support and
Service, (Natural Gas Processing facility, the addition of gas processing equipment and
one (1) up to one hundred (100) feet in height secure communications tower in the A
(Agricultural) Zone District. (DCP Operating Company, LP — Mewbourn Gas Plant)
Being part of S2NW4 of Section 27, T5N, R65W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 38 Section Line, west of and adjacent to County
Road 35
Size of Parcel: +1- 127 acres Parcel No. 1057-35-4-00-002
1057-35-4-00-008
Case Summary:
DCP Operating Company, LP (DCP) is in the process of expanding operations in Weld County, Colorado.
The expansion project will include expanding the existing Mewbourn Gas Plant with several compressors
and interconnecting pipelines for the purpose of gathering raw natural gas and preparing it for
compression and insertion into commercial sales pipelines. This Major Amendment to a Site Specific
Development Plan and Use by Special Review (5MJUSR17-83-542) only addresses the expansion of the
existing Mewbourn Gas Plant and adding a proposed up -to -100 foot in height DCP communications
tower. Additional USR permit applications will be submitted for any future compressor stations and
pipelines.
Ten (10) full-time employees are currently employed at the existing Mewbourn Gas Plant. No
additional employees will be required after this new equipment and expansion is completed. The plant will
continue to function 24 hours a day, 7 days a week, year-round. A septic system was installed when
the original gas plant was constructed to accommodate post -construction sewage. A new water line
was also installed by the Central Weld County Water District currently providing potable and process
water for all uses, including fire suppression at the Mewbourn Gas Plant.
DCP proposes to construct a radio communications tower up to 100 feet in height at the Mewbourn
Gas Plant site. DCP designs and constructs such towers at each of its facilities to allow for remote
monitoring and control of the facilities. It is imperative that the communications tower be located in the
immediate vicinity of the site to allow for the transmission of a reliable signal. A secure location within
the site is critical because of the life -safety functions associated with the plant's control and emergency
shut -down notification features. Telecommunication Antenna Towers within a 10 -mile radius of the site
5MJUSR17-83-542 - DCP Operating Company, LP, Page 2 of 11
are not in sufficient proximity of the Mewbourn Gas Plant site to allow for adequate signal transmission.
A list of towers within the 10 -mile radius is attached hereto. There are no existing towers within the 10 -
mile radius that DCP would be able to collocate on.
In addition, due to safety concerns, DCP does not co -locate its transmitter on third -party towers.
Because the transmitters are utilized to remotely control the compress ion and processing of natural gas
and other hazardous materials, DCP requires that only DCP personnel be permitted access to it tower
and transmitters to prevent intentional or accidental disruption of communication services.
Inthe event operations cease at the site and the plant is shut in, DCP will remove the communication tower
and all of its components. Where possible materials will be reused or recycled. Where required waste
material for disposal will be removed by a licensed contractor and transported to a disposal site.
After construction is complete, there will not be additional traffic expected as part of the expansion of the
existing Mewbourn Gas Plant and the temporary construction access from CR 38 will be closed.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
The proposed use is consistent with Chapter 22 and any other applicable code provisions or
ordinance in effect. Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that
occur between commercial uses and surrounding properties." The facility is a located on 127 +/-
gross acre parcel and all equipment is fenced and gated and areas to the west and north are
protected by a sound wall barrier to reduce plant noise. The proposed change will not result in a
substantial adverse impact on the other property owners 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 parcel agricultural lots with single family residences.
The proposed Development Standards address lighting, screening, noise standards, access and
tracking control. The Department of Planning Services received one email from a property owner
outside of the 500 foot notification area requesting information on the proposal and staff provided
a response without any additional contact from the individual. Staff also received a telephone call
from an adjacent property owner to the northwest of the site seeking information on the
amendment and location of the third gas plant. Aside from these inquiries, staff has not received
any comments from the surrounding property owners regarding the proposed modification.
The proposed use 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.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
5MJUSR17-83-542 - DCP Operating Company, LP, Page 3 of 11
Citing the Weld County Code, Section 23-3-40.A.2 provides for a Site Specific Development Plan
and Special Review Permit for Mineral Resource Development facilities, Oil and Gas Support and
Service, (Natural gas processing facilities with related equipment and structures) and Section 23-
3-301 for one (1) greater than seventy-foot in height communications tower 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 existing site is surrounded by native pasture land and agricultural fields. The Platte Valley
Canal is adjacent to the north property line. Two residences are in the immediate area: One
residence located to the east of the facility is approximately 363 feet from the DCP east property
line adjacent to County Road 35 right-of-way and the second residence is approximately 382 feet
from the north property line. There are other residences in the immediate area, with the second
group being approximately 1300 feet to the west and approximately 1600 feet to the east. DCP is
committed to mitigating potential off -site noise impacts and will erect a sound wall near all
equipment on the north side of the gas plant. Once the expansion construction is completed,
the disturbed area will be replanted with native grasses compliant with the Weld County seed
mix requirements.
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 the three (3) mile referral area of the Town of Gilcrest. The Town of
Gilcrest did not return a referral response indicating a conflict with their interests.
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 floodplain, Geologic Hazard 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 existing facility and proposed gas plant expansion are located on approximately 86 acres of
"Other Land" and approximately 41 acres of "Prime if they Become Irrigated Land" per the 1979
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-
2-250, 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.
5MJUSR17-83-542 - DCP Operating Company, LP, Page 4 of 11
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the USR map:
A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Planning Services -
Engineer)
B. Prior to Recording the USR Map, the map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 5MJUSR17-83-542 (Department of Planning Services)
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 35 is a gravel road and is designated on the Weld County Road Classification
Plan as a collector road which requires 80 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)
5. County Road 38 Section Line is shown to have 60 feet of unmaintained section line right-of-
way per the Weld County GIS right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
6. Show and label the approved access point(s) (AP16-00466), and the appropriate turning radii
on the site plan. (Department of Public Works)
7. The existing point on County Road 35 approximately 2400 feet North of CR 38 shall be gated
and locked at all times except for seasonal maintenance. (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 the approved tracking control on the site plan. (Department of Public Works)
10. Show and label the entrance gate set back a minimum of 100 feet from edge of shoulder.
(Department of Public Works)
11. Show and label the accepted drainage features and drainage flow arrows. Water quality
features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of
Planning Services -Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
5MJUSR17-83-542 - DCP Operating Company, LP, Page 5 of 11
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map
shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Planning Services - Engineer)
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)
7. 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)
5MJUSR17-83-542 - DCP Operating Company, LP, Page 6 of 11
SITE SPECIFIC DEVELOPMENT PLAN
MAJOR AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP OPERATING COMPANY, LP
5MJ U SR16-83-542
1. A Site Specific Development Plan and 5th Amended Use by Special Review Permit No. USR-542 for
Mineral Resource Development Facilities, Oil and Gas Support and Service, (Natural Gas Processing
facility, the addition of gas processing equipment and one (1) up to one hundred (100) feet in height
secure communications tower in the A (Agricultural) Zone District. (DCP Operating Company, LP —
Mewbourn Gas Plant), 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 hours of operation are 24 hours a day, 7 days a week, as stated by the applicant(s). (Department
of Planning Services)
4. The number of employees is ten (10) as stated by the applicant(s). (Department of Planning
Services)
5. Co -location of other antennas by other service providers shall be allowed. (Department of Planning
Services)
6. 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)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
8. 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., as amended. (Department of Public Health and Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, 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)
10. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. Uses
on the property should comply with the Colorado Air Quality Commission's air quality regulations.
(Department of Public Health and Environment)
11. 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)
5MJUSR17-83-542 - DCP Operating Company, LP, Page 7 of 11
12. 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)
13. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
14. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
15. 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)
16. Adequate drinking, hand washing 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)
17. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
18. 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)
19. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site. (Department of Public Health and
Environment)
20. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
21. 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)
22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
23. 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)
5MJUSR17-83-542 - DCP Operating Company, LP, Page 8 of 11
24. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services -Engineer)
25. Weld County is not responsible for the maintenance of onsite drainage features. (Department of
Planning Services -Engineer)
26. The property owner shall control noxious weeds on the site. (Department of Public Works)
27. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
28. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
29. The existing point on County Road 35 approximately 2400 feet North of County Road 38 shall be
gated and locked at all times except for seasonal maintenance. (Department of Public Works)
30. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
31. 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)
32. 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)
31. 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)
32. 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)
33. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
34. 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)
35. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
5MJUSR17-83-542 - DCP Operating Company, LP, Page 9 of 11
36. 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.
37. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
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.
5MJUSR17-83-542 - DCP Operating Company, LP, Page 10 of 11
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, sand burs, 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.
5MJUSR17-83-542 - DCP Operating Company, LP, Page 11 of 11
April 17, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
CHRISTINA WHITE
3620 W 10TH ST #410
GREELEY CO 80634
Subject: 5MJUSR17-83-542 - A Site Specific Development Plan and 5th Amended Use by Special
Review Permit No. USR-542 for Mineral Resource Development Facilities, Oil and Gas Support
and Service, Natural Gas Processing facility, and the addition of new gas processing equipment to
improve capacity and efficiency of the existing plant and one (1)
up to one hundred (100) feet in height secure communications tower in the A (Agricultural) Zone District.
(DCP Operating Company, LP - Mewbourn Gas Plant)
On parcel(s) of land described as:
PART SE4 SECTION 35, T4N, R66W LOT AAMD REC EXEMPT RE -591 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
PART SE4 SECTION 35, T4N, R66W LOT B CORR REC EXEMPT RE -3203 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 16, 2017, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 31, 2017 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectful
Kim Ogle
Planner III
March 14, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
CHRISTINA WHITE
3620 W. 10TH ST #410
GREELEY CO 80634
Subject: 5MJUSR17-83-542 - A Site Specific Development Plan and 5th Amended Use by Special
Review Permit No. USR-542 for Mineral Resource Development Facilities, Oil and Gas Support and
Service, Natural Gas Processing facility, and the addition of new gas processing equipment to improve
capacity and efficiency of the existing plant and one (1) up to one hundred (100) feet in height secure
communications tower in the A (Agricultural) Zone District. (DCP Midstream, LP - Mewbourn Gas
Plant)
On parcel(s) of land described as:
PART SE4 SECTION 35, T4N, R66W LOT A AMD REC EXEMPT RE -591 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
PART SE4 SECTION 35, T4N, R66W LOT B CORR REC EXEMPT RE -3203 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Gilcrest at Phone Number 970-737-2426
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogle
Planner
From: Mattox - CDPHE, Jennifer [mailto:jennifer.mattox@state.co.us]
Sent: Wednesday, April 26, 2017 9:54 AM
To: Phillip Brewer <pbrewer@co.weld.co.us>
Cc: Lauren Light <Ilight@co.weld.co.us>; Ben Frissell <bfrissell-durley@co.weld.co.us>; Tom Parko Jr.
<tparko@co.weld.co.us>; shannon.mcmillan@state.co.us; Laplante - CDPHE, Christopher
<christopher.laplante@state.co.us>
Subject: Re: Revisiting 123-0090 Mewbourne-Ewing Complaint
HI Phil,
Thanks for your questions about Mewbourn; I apologize for the delay in replying; I've answered your
questions in red text below, but please let me know if you have additional questions. I am also copying
my Chris Laplante and Shannon McMillan, so they are apprised of the request and my response. Please
let me know if I can provide any additional information.
Best,
Jennifer Mattox
Enforcement Supervisor, Oil & Gas Team
Stationary Sources Program
COLORADO
Air Pollution Control Division
Department o4 Public -ealth 8 Environment
P 303.692.3144 I F 303.782.0278
4300 Cherry Creek Drive South, Denver, CO 80246-1530
iennifer.mattox@state.co.us I www.colorado.gov/cdphe/aped
4300 Cherry Creek Drive South, Denver, CO 80246-1530
On Mon, Apr 24, 2017 at 12:56 PM, Phillip Brewer <pbrewer@co.weld.co.us>wrote:
Good Morning, Jennifer:
This is a set of questions about the 123-0090 Mewbourn Plant that is a continuing problem for us here in
Weld County.
The original reason for Weld County interest in the compliance of the plant with APCD issued air permits
was expressed by a neighbor of the plant whose name is Eric Ewing.
The "Actions Report" in CACTIS for 123-0090 show that all previously discovered violations were
resolved as of July 1, 2016.
This note addresses the: "Warning Letter to DCP Midstream LP regarding non-compliance at
Mewbourn Natural Gas Plant, AIRS No.: 123-0090" Dated July 27, 2016. This "Warning Letter" was
issued in response to the findings of an inspection that was conducted on July 23, 2015 by James Flores.
Questions:
1. How much time is allowed DCP Midstream to resolve the "warnings"?
Warning Letters are for violations that companies have already addressed. The Division does not
issue a WL for ongoing compliance issues, rather a Warning Letter is a close-out document. If these
issues had not been rectified as discussed in the WL, the Division would have evaluated the use of
another enforcement mechanism.
2. What procedure is followed by the APCD if warnings are not resolved or addressed?
See above. In this instance, each of the violations was addressed, as described in the WL- the solutions
included submitting an updated permit application, correctly calculating emissions, and providing
information regarding control equipment downtime.
3. Has DCP Midstream as of April 21, 2017 (today) resolved or satisfactorily addresssed the
"warnings" that are listed in this letter?
For the 2015 full compliance evaluation, these compliance issues were closed with the issuance of the
WL, which was a recognition that the noncompliance issues had been addressed.
4. Is a letter (written documentation) issued by the Division to DCP-Midstream when all of the
"warnings" are resolved?
I'm not sure I understand this question, if you could clarify that would help me... if you're asking
whether the WL is issued when all compliance issues are resolved, then yes, the WL is considered to
address those issues discovered during an inspection.
5. What is the APCD follow-up procedure if the warnings are not resolved?
Warning Letters are issued upon confirmation that any outstanding compliance issues have been
addressed, so there is no follow up procedure.
Thanks, again, Jennifer for looking at our questions about this major source here in our area.
Phil
J. Phillip (Phil) Brewer
Environmental Specialist III
Weld County Department of Public Health and Environment Environmental Health Services
1555 N 17th Avenue
Greeley, CO 80631
970-356-4000, x 2227 (office & messages)
970-304-6411 (Fax)
970-590-7702 (c, M -F, 8 am - 5pm)
pbrewer@co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
FIELD CHECK - 5MJUSR17-83-542
Inspection Date: May 4, 2017
Applicant: DCP Operating Company, LP, do Paul D. Park, 3026 4th Avenue, Greeley
Request:
Legal
Description:
Location
A Site Specific Development Plan and 5th Amended Use by Special Review Permit
No. USR-542 for Mineral Resource Development Facilities, Oil and Gas Support and
Service, (Natural Gas Processing facility, the addition of gas processing equipment
and one (1) up to one hundred (100) feet in height secure communications tower in
the A (Agricultural) Zone District. (DCP Operating Company, LP — Mewbourn Gas
Plant)
Lot B of Corrected Recorded Exemption RE -3202 and Lot A of Amended Recorded
Exemption RE -591; being part of the SE4 of Section 35 Township 4 North, Range 66
West of the 6th P.M., Weld County Colorado
North of and adjacent to County Road 38 Section Line, west of and adjacent to
County Road 35
Zoning
Land Use
N
A (Agricultural)
N
Agricultural, Irrigation canals and a residence
E
A (Agricultural)
E
Dryland Agricultural with residences
S
A (Agricultural)
S
Vacant with obsolete Turkey barns in disrepair
W
A (Agricultural)
W
Agricultural with residences
County Road 35 is a two lane all-weather road with three permitted facility entrances located to the west.
Access to the property is through a mechanized secured gate requiring visitors to be let in via a pass code
or acknowledgement of the facility staff. The current facility is sited on a hill with the land sloping off to the
south and west. (The new facility would be located down gradient from the current facility adjacent to CR
38 Section Line)
There are numerous pipeline alignments, pipelines and pipeline valve sets visible at the surface,
predominately running north -south adjacent to CR 35. K -M has a tank battery and associated
encumbrances associated with the battery with some equipment located within the right-of-way of County
Road 38 a non -maintained all-weather Section Line road. County Road 38 is not a through road due to
the numerous existing pipeline corridors and K -M equipment
The existing gas plant is fenced on all sides and has controlled points of ingress and egress. Running the
entire length of the western edge of the current gas plant equipment areas is a wall made of an opaque
material apparently to deflect light and noise.
Adjacent property to the east is in native/pasture grasses with single family residences on large parcels; to
the north is agricultural lands with the nearest residence being approximately one-half mile near the
intersection of CR 35 and CR 40. Lands to the south are vacant with obsolete turkey barns in dis-repair
and to the west is an agriculture tract with single family residences approximately 0.75 miles from the
/current facility
King O le, Planner
Hello