HomeMy WebLinkAbout20163265.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: October 4, 2016
Case Number: USR16-0031
Applicant: Alliance Investment Group - Fort Lupton LLC c/o Discovery DJ Services, LLC
Address: 336 E. Chandler Heights Road, Suite 121; Gilbert, AZ 85298-4263
Representative: Andy Siegfried, Zion Engineering, LLC, Greenwood Village, Colorado
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Natural Gas Processing
Facilities for the processing of natural gas products, and related equipment and
structures, metering equipment for the custody transfer of gas, natural gas liquids (NGLs)
and condensate); Transloading, outdoor equipment and materials storage yard and more
than one cargo container in the A (Agricultural) Zone District. (Discovery Midstream Gas
Processing Facility)
Legal
Description:
Location: North of and adjacent to County Road 10; West of and adjacent to County Road 35
Section Line
Size of Parcel: +/- 243.35 acres Parcel No. 1471-11-0-00-009
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
5E4 & E2SW4 of Section 11, Ti N, R66W of the 6th P.M., Weld County, CO
State of Colorado, Division of Water Resources, referral dated August 11, 2016
▪ Weld County Department of Public Works, referral dated August 15, 2016
▪ Weld County Department of Public Works - Access, referral dated August 16, 2016
▪ Weld County Department of Public Health and Environment, referral dated September 1, 2016
▪ Weld County Department of Planning Services - Engineer, referral dated September 7, 2016
▪ Anadarko Petroleum - Kerr McGee OnShore LP, referral dated September 7, 2016
▪ Fort Lupton Fire Protection District, referral dated September 23, 2016
The Department of Planning Services' staff has received referral responses without comments from the following
agencies:
Y Weld County Zoning Compliance, referral dated August 11, 2016
Y Weld County Sheriff's Office, referral dated August 12, 2016
Y Colorado Parks and Wildlife, referral dated August 25, 2016
Y City of Fort Lupton, referral dated August 31, 2016 and September 1, 2016
USR16-0031 Discovery DJ Services, LLC Page 1
The Department of Planning Services' staff has not received responses from the following agencies:
Town of Hudson
▪ Town of Lochbuie
▪ City of Brighton
▪ Weld County Office of Emergency Management
▪ State of Colorado, Department of Public Health and Environment
▪ Platte Valley Soil Conservation District
▪ Weld County Department of Building Inspection
Case Summary:
Discovery DJ Services, LLC, is a joint venture between Discovery Midstream Partners, LLC and Ward
Petroleum. The proposed site, owned by Alliance Investment Group -Fort Lupton, LLC (purchase pending by
Discovery), will be approximately 850 ft. wide x 962 ft. long (20 acres) and is located in the northwest corner
of the 243 acre parcel, approximately 1.25 miles east of Weld County Road 31 and north of Weld County
Road 10. The access road for the facility will come off the intersection of County Road 35 and Eagle Street
and will be 30 feet wide with a 60 -foot turning radius.
The proposed facilities will receive wet natural gas from regional gathering via a new 29 -mile, 12 -inch natural
gas pipeline or greater (pending land use permit USR16-0028) for the recovery of Natural Gas Liquids
("NGL")'s and subsequent delivery to a nearby third party via a new 0.6 -mile 4 -inch diameter NGL sales
pipeline. Similarly, pipeline quality natural gas off of the new compression and processing facility will be
delivered to a new custody meter station for sales to a third party transmission pipeline via a new 1.4 -mile
residue gas sales pipeline. Produced water and natural gas condensate collecting in the 12 -inch low
pressure pipeline and front end of the gas plant will be delivered into atmospheric tanks, where the produced
water and condensate will be separated and trucked off -site for sale or subsequent disposal in accordance
with federal, state and local regulations.
The operation and control of the Discovery pipelines and associated facilities will be performed out of the
proposed compression and processing facility utilizing trained and qualified operators and pipeline
technicians, providing day-to-day operations and maintenance of the gas plant and associated infrastructure
in accordance with Discovery's written operating procedures and federal, state, and local requirements. The
gas plant will operate 24 hours/7 days a week.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20. G.2. A.Policy 7.2 states "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject
site is in an area that can support such development, and should attempt to be
compatible with the region"
The land that Discovery DJ Services, LLC is proposing to utilize for the gas processing
plant is on dryland grasses that is located in a semi -rural area where there is a
significant amount of oil and gas activity already occurring.
USR16-0031 Discovery DJ Services, LLC Page 2
Section 22-5-100. B.OG.Goal 2. states "Ensure that the extraction of oil and gas
resources conserves the land and minimizes the impact on surrounding land and the
existing surrounding land use."
The proposed Discovery Gas Plant is located within a 20 acre area of land located in the
northwest quadrant of a 243 acre parcel. To the east is the Buffalo Ridge Estates
residential development, and there is limited residential development on Recorded
Exemption parcels to the west. To the north is B.O.S.S. Compost (USR-1190) and to the
south is the Kerr McGee OnShore LP, Duggan Compressor Station (2ndAmUSR-468) and
microwave communication towers. Numerous well heads and tank batteries populate the
south boundary line of this parcel and all new facilities are operated by Kerr-McGee, LP.
New inbound pipelines, (USR-16-0028) will bring the natural gas to the plant, process the
gas and transfer the product to an outbound pipeline to market. While construction of the
site will generate some impacts because of the extra activity and trips to the site, once
the plant is constructed and fully operational limited truck traffic will be present from the
facility.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
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 for the processing of
natural gas products, and related equipment and structures, metering equipment for the
custody transfer of gas, natural gas liquids (NGLs) and condensate; Section 23-3-40.A.7
for Transloading; Section 23-3-40.S for outdoor equipment and materials storage yard and
Section 23-3-30.BB for more than one cargo container 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 proposed gas plant facility and surrounding areas are in dryland grasses and oil and
gas encumbrances. As previously stated, the gas plant facility is located within a 20 acre
area of land located in the northwest quadrant of a 243 acre parcel. The Buffalo Ridge
Estates residential subdivision is located adjacent to the east property line with the nearest
residence being about 1500 feet to the southwest on County Road 10. The Development
Standards and Conditions of Approval will mitigate concerns with the surrounding land
uses.
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 (3) mile referral area of the City of Fort Lupton, City of
Brighton, Town of Hudson and Town of Lochbuie and is located within any existing
Coordinated Planning Agreement Area (CPA) of the City of Fort Lupton. The City returned
two referrals indicating that the applicant had spoken to the City regarding the development
and has discussed the potential for annexation with the City of Fort Lupton and has
expressed its desire to proceed with its application through the County process. Any
referral requirements with the City have therefore been met. The City of Brighton, Town of
Hudson and Town of Lochbuie did not respond to the referral.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County -Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
USR16-0031 Discovery DJ Services, LLC, Page 3
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the 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 facility is located on approximately 20 acres of a 243 acre parcel with the
property identified as ""other lands" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. As there is no irrigation water associated with the
proposed facility and currently no irrigation located on site, no prime agricultural lands will
be taken 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.
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 map:
A. The applicant shall attempt to address the concerns of the Fort Lupton Fire Protection
District, specific to the internal access width constructed of an all-weather surface capable
of supporting emergency vehicles including fire apparatus within the facility as stated in
their referral dated September 23, 2016. Written evidence of approval shall be submitted to
the Department of Planning Services. (Fort Lupton Fire Protection District)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR16-0031 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
6. The 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)
7. Setback radiuses for existing oil and gas tank batteries and wellheads, or plugged and
abandoned wellheads, shall be indicated on the USR map per the setback requirements
USR16-0031 Discovery DJ Services, LLC, Page 4
of 23-3-50.E of the Weld County Code. (Department of Planning Services)
8. All recorded easements and rights -of -way shall be delineated on the USR map by book
and page number or reception number. (Department of Planning Services)
9. County Road 35 is a paved road and is designated on the Weld County Road
Classification Plan 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)
10. County Road 35 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)
11. Show and label the section line Right -of -Way as "CR 35 Section Line Right of Way, not
County maintained" (Department of Public Works)
12. County Road 10 is a gravel road and is designated on the Weld County Road
Classification Plan 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 not maintained by Weld County.
(Department of Planning Services)
13. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
14. Show the approved access(es) on the map and label with the approved access permit
number AP16-00371. (Department of Public Works)
15. Show and label the 20 foot in width fire access road into and within the gas plant facility.
(Department of Planning Services)
16. The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
17. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copies
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 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
USR16-0031 Discovery DJ Services, LLC, Page 5
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 prior to
the start of construction. (Department of Planning Services - Engineer)
6. Within one month of 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)
USR16-0031 Discovery DJ Services, LLC, Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Alliance Investment Group - Fort Lupton, LLC
Discovery DJ Services Gas Processing Facility
USR1 6-0031
1. A Site Specific Development Plan and Special Review Permit, USR16-0031, for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Natural Gas Processing Facilities for the
processing of natural gas products, and related equipment and structures, metering equipment for
the custody transfer of gas, natural gas liquids (NGLs) and condensate); Transloading, outdoor
equipment and materials storage yard and more than one cargo container in the A (Agricultural)
Zone District. (Discovery Midstream Gas Processing Facility), 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. Number of employees is limited 10 persons, as stated by the applicant(s). (Department of Planning
Services)
4. The hours of operation are 24 hours a day, seven days a week, 365 days a year, as stated by the
applicant(s). (Department of Planning Services)
5. 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)
6. 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)
7. 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)
8. 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)
9. 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)
10. 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)
11. 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)
USR16-0031 Discovery DJ Services, LLC, Page 7
12. 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 and Environment)
13. 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 and Environment)
14. 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 and Environment)
15. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
16. 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)
17. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
18. 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 and Environment)
19. 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)
20. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services -Engineer)
21. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services -Engineer)
22. The property owner shall control noxious weeds on the site. (Department of Public Works)
23. 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)
24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
25. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will
not be the responsibility of Weld County. (Department of Public Works)
26. For any hazardous chemical used or stored in the workplace, facilities must maintain safety data
sheets [SDS] and submit the SDSs, or a list of chemicals, and the facility's annual inventory, to the
State Emergency Response Commission, the Local Emergency Planning Committee and the Fire
Protection District on or before March 15th of any given year. (Weld County Office of Emergency
Management)
27. 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
USR16-0031 Discovery DJ Services, LLC, Page 8
District and the Weld County Office of Emergency Management to the Department of Planning
Services. (Department of Planning Services)
28. 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)
29. 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)
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. 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
USR16-0031 Discovery DJ Services, LLC, Page 9
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.
USR16-0031 Discovery DJ Services, LLC, Page 10
September 19, 2016
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
SIEGFRIED ANDY
8100 E MAPLEWOOD AVE STE 100
GREENWOOD VILLAGE CO 80111
Subject: USR16-0031 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND
SERVICE, INCLUDING, BUT NOT LIMITED TO: A NATURAL GAS PROCESSING FACILITY FOR THE
PROCESSING OF NATURAL GAS PRODUCTS, AND RELATED EQUIPMENT AND STRUCTURES,
METERING EQUIPMENT FOR THE CUSTODY TRANSFER OF GAS, NATURAL GAS LIQUIDS
(NGLS) AND CONDENSATE; TRANSLOADING, OUTDOOR EQUIPMENT AND MATERIALS
STORAGE YARD AND MORE THAN ONE CARGO (CONEX) CONTAINER IN THE A
(AGRICULTURAL) ZONE DISTRICT.
On parcel(s) of land described as:
SE4 & E2SW4 SECTION 11, T1 N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 4, 2016, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 26, 2016
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.09.19 15:11:42 -06'00'
Kim Ogle
Planner
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
August 10, 2016
SIEGFRIED ANDY
8100 E MAPLEWOOD AVE STE 100
GREENWOOD VILLAGE, CO 80111
Subject: USR16-0031 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND
SERVICE, INCLUDING, BUT NOT LIMITED TO: A NATURAL GAS PROCESSING FACILITY FOR THE
PROCESSING OF NATURAL GAS PRODUCTS, AND RELATED EQUIPMENT AND STRUCTURES,
METERING EQUIPMENT FOR THE CUSTODY TRANSFER OF GAS, NATURAL GAS LIQUIDS
(NGLS) AND CONDENSATE; TRANSLOADING, OUTDOOR EQUIPMENT AND MATERIALS
STORAGE YARD AND MORE THAN ONE CARGO (CONEX) CONTAINER IN THE A
(AGRICULTURAL) ZONE DISTRICT.
On parcel(s) of land described as:
SE4 & E2SW4 SECTION 11, T1 N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Brighton at Phone Number 303-655-2000
Fort Lupton at Phone Number 303-857-6694
Lochbuie at Phone Number 303-655-9308
Hudson at Phone Number 303-536-9311
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,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.08.10 10:23:14 -06'00'
Kim Ogle
Planner
WEED COUNTY DRAINAGE CODE STANDARDS AND CRITERIA
VARIANCE REQUEST FORM -FOR ENGINEERS
CODE SECTION 23-12-150
147111000009
Pre-Application/Case Number USR PRE -16-0114 Parcel Number
Legal Description 15866CSE4 & E2SW4 11 1 86 EXC UPRR RES SectionlTownship/Range 11/1N/66W
I Brian L. Techau of Zion Engineering LLC Consultant Engineer for Discovery DJ Services, LLC ("Applicant"), understand and acknowledge that the Applicant is seeking land use approval of
a natural gas processing facility
(description of use)
for the parcel described above. I have designed or reviewed the design ("Design") for the proposed land use set
forth in the Application. I hereby certw _ ` �, plicant, that the Design Will meet all applicable drainage
County of the Weldf variance(s)
requirementsf rk ��described on Exhibit A. This certification is
� t
not a guarantee or warranty eithe
(Engineer's Stamp)
Engineer of R
igria sir
I Cory Jordan of Discovery DJ Servicasr LLC Applicant, understand and agree: that the intention of the Weld County
Code is to reduce impacts of development on neighboring downstream properties and the public, that I am
responsible to ensure no negative impacts to offsite properties occur, and that Weld County does not assume
liability for damages from storm drainage. If this variance request is approved it is not precedent setting and is
based on site specific constraints.
Applicant Sig
_Please__atCa_ch _a_separatedpcument (Exhibit A)addressing the folio ]rrw
1, Describe the design criteria of the Weld County Code of which a variance is being requested.
2. Describe the proposed alternative with engineering rationale which supports the intent of the Weld County
Code.
3. Meet the design intent of the Weld County Code,
4. Demonstrate that granting of the variance will still adequately protect public health, safety, and general
welfare.
S. Demonstrate there are no adverse impacts, from stormwater runoff, to the public rights of way and/or offsite
properties as a result of the project.
11/03/2015
We Department of Harming Services I Devel rncnt Review
� `QLLt1.. 1555 17th Avenue, Gronley,CO 80631 I Ph° 970-353-6100 j wr raw. .wekLco.r«s/Deparlreat 'PEanintr Zoingd
Colorado
Weld County Drainage Code Standards & Criteria
Variance Request Form for Applicants
Attachment a — Drainage Narrative
Discovery DJ Services, LLC ("Discovery") proposes to construct a natural gas processing facility located in the SE
14 and E i of the SW 144 of Section 11, Ti N, R65W in Weld County, Colorado. The site is approximately 243 acres
in area and sits adjacent to Weld County Road 10 ('WCR 10") on the north side, approximately one quarter mile
east of Weld County Road 34 (" WCR 34"). The facility will contain six 400 barrel storage tanks, VRU skid, separators,
compressor building housing 4 compressors, operations/warehouse building, two outlet launchers, one inlet receiver,
two refrigeration coolers, two stabilizer skids, two refrigeration skids, two process skids, two glycol regeneration
skids, two overhead compressors, six NGL L bullet tanks, knockout drum, flare, and access road, This document
summarizes the site drainage with the intent of requesting a waiver from the Weld County Department of Public
Works requirements for a full drainage report and design and construction of a detention pond(s) for the proposed
site.
The existing site, which is currently zoned as agricultural use, drains from the southwest corner of the site to the
northeast corner of the site and is relatively featureless except for two existing well pads on the southern portion of
the property. Approximately 2.5 acres of the total 243 acres is dedicated to the well pads and associated equipment,
with 0.5 acres of the 2,5 acres within existing containment berms. The proposed plant site would occupy only 16
acres of the total 243 acres in the northwest corner of the proposed property. The existing property to the east is
the Buffalo Ridge Estates subdivision, and the property to the north is the E.o.S.S. Compost facility. These two
sites also drain in the same direction in a similar manner. Flow across the proposed site is sheet flow with no natural
drainage channels or ditches evident on site. Drainage of the site flows toward the parcel to the northeast where
the Speer Canal eventually collects any runoff. Slopes on the site average 1-1.5% across the site with some slightly
steeper sections sloping around 3.5%%a. The proposed site is not within a FEMA floodzone.
Proposed grading for the site is designed, in general, to follow the natural drainage and to smooth out the slight rises
and depressions across the site to give an even sheet flow draining from southwest to northeast. The proposed
grading is only for the 22 acres dedicated to the plant area and access road. The remaining acreage will be left
undisturbed. In addition to the grading of the site for drainage, structural fill will be imported to construct a secondary
containment berm around the planned storage tanks. The area Inside the containment berm will drain to the
northeast end of the containment where it can be pumped out of the containment area in the case of a major storm.
The inside area of the containment berms totals approximately 0.06 acres and is not designed to have an outlet to
public drainage facilities.
The existing imperviousness of the site, including the well pads, is 2.60%. The total imperviousness for the proposed
site is (It) is 5.44%, taking into consideration the areas of the site within the secondary containment areas for both
the proposed project and the existing well pads. Therefore, the proposed chances only increase the imperviousness
of the site by 2.84%. The imperviousness calculation is included in Table 1 located on page 2.
In addition to the increase in total site imperviousness being small, the site soils have very low potential for runoff.
The site, according to NRCS soils maps, consists of 53.5% Valent Sand (3 to 9% slopes), 29,2% Vona Loamy Sand,
12.3% Olney Loamy sand, 3,9% Valent Sand (0 to 3% slopes), and 1.2% Valent Sand (5 to 9% slopes). A NRCS
soils report and map are included at the end of this report. The predominant soils on the site, the Valent Sand (3 to
9% slopes) and Vona Loamy Sand, are considered "very low" runoff class. The remaining soils range from "low" to
"negligible" runoff classes as well. All soil types on the site were described as "none" for flooding frequency and
ranged from "excessively drained" to "well -drained" for the natural drainage class. Because of the proposed site
location in the northwest corner of the parcel, additional runoff due to the increase in imperviousness will have
approximately 3000' to travel before leaving the property. This distance provides adequate time for runoff to infiltrate
the soil based on the soil type. The calculated infiltration rate of the site, using the Horton model, is 4.66 in/hr while
the average 100 -year, 1 -hour storm according to NOM Atlas 14, Volume 8, Version 2 produces only a 2,63" of rain.
See Table 2 for calculated infiltration rates.
In our estimation, the proposed grading and drainage for the project will adequately protect public health, safety and
general welfare and will not cause adverse impacts from stormwater runoff to public rights of way or offsite properties.
The increase is imperviousness of the site is negligible and should not cause any undue burden on sto rmwate r
systems or adjacent properties,
l Page
Weld County Drainage Code Standards & Criteria
Variance Request Form for Applicants
It is requested that the requirement for stormwater detention and a full drainage report for the proposed Lucerne
Terminal Site be waived.
Thank you for your consideration in this matter.
arar
Brian L. Techau, P.E.
Vice President
Zion Engineering LLC
Table 1. Imperviousness Calculation
Existing Conditions
Area
Units
lk
Area%
238.90
a
; acre
0,02
4,78
Area of Grass
3.61
C acre
M 0.4
1.44
Area of Gravel
Area of Paved
0.00
acre
OS
0.00
1 Area of Roof
0.08
acre
1
0.08
041
acre
ir
Containment On Site =
Total Site Acreage =
243.00
acre
Effective Site Acreage =
24239
acre
-
Existing Total Site Imperviousness
1
(It) =
2.60%
Proposed Conditions
Area
Units
IK
Areal
Area of Grass
217.10
acre
002 !
4.34
Area of Gravel
21.49
acre
0.4 I
8.59
-
Area of Paved
0400
acre
f
0.9
W
0.00
Area of Roof
0,26
acre
1
0.26 7
Containment On Site =
0,06
acre
r
Total Site Acreage =
243.00
acre
Effective Site Acreage =
242.53
acre
Proposed Total
Site Imperviousness
(It) =
L 5.44%
Net Imperviousness
Increase =
I 2.84%
where:
i Total Site Imperviousness
= It = ((Areal*.II)+{Areal*
Ik)...]/Atotai.
eft)
Table 2. Infiltration Rate Data
Percentage
of Site
Final
Infiltration
Rate*
Decay
Coefficient*
Infiltration
(in/Firs
Rate
MRCS
Class
Soil
Initial
Rate*
Infiltration
A
87.70%
5
1
0.0007
4,68
12.30%
4.5
0.6
0.0018
4.49
Time =
3600
seconds
in/hr
Total Infiltration Rate =
4.66
*Assumed values per Chapter 6 of the Urban Storm Drainage Criteria Manual volume 1
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Soil Map —Weld County, Colorado, Southern Part Ward Plant
Map Unit Legend
Weld County, Colorado, Southern Part (COM18)
Map Unit Symbol
Map Unit Name
Acres In A0I
Percent of A0l
44
69
70
72
74
Olney loamy sand, 1 to 3
percent slopes
Valent sand, 0 to 3 percent
slopes
Valent sand, 3 to 9 percent
slopes
Vona loamy sand, 0 to 3 percent
slopes
Vona loamy sand, 5 to 9 percent
slopes
Totals for Area of Interest
31.3
10.0
136.4
74.5
3.0
255.2
12,3%
3.9%
53,5%
29,2%
12%
100.0%
USDA Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/17/2016
Page 3 of 3
ABED CHECK — U R 16-0031
inspection Date: September 2212016
Applicant: Alliance Investment Group — Fort Lupton LLC c/o Discovery DJ Services, LLC
Request:
Legal
Description.
A Site Specific Development Plan and Special Review Permit, U R16-0031, for
Mineral Resource Development Facilities, Oil and Gas Support and Service (Natural
Gas Processing Facilities for the processing of natural gas products, and related
equipment and structures, metering equipment for the custody transfer of gas, natural
gas liquids (N Ls) and condensate); Transloading, outdoor equipment and materials
storage yard and more than one cargo container in the A (Agricultural) Zone District.
(Discovery Midstream Gas Processing Facility)
SE4 & E2SW4 of Section 11, TIN, R66W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 10; West of and adjacent to County Road 35
Section Line
Size of Parcel: +/- 243.35 acres
Parcel No. 1471-11-0-00-009
Zoning
Land
Use
N
Agriculture
N
Vacant
land
and BOSS Compost
E
Estate
and
Agriculture
E
Buffalo
Ridge
Estates
residential
subdivision
Agriculture
S
Kerr
and
McGee
PATCHES
Compressor
Estates
Station,
subdivision,
Oil
and
vacant
Gas
lands
encumbrances
W
Limited
and
vacant
Residential
land
development,
oil
and
gas encumbrances
W
Agriculture
Comments:
The 243 acre property is located on rolling topography with lands sloping up to the west and south from
approximately the midpoint line with relatively little topography across the property to the east and north.
At the east property line there is a change in grade sloping up to the east towards the residences within
the Buffalo Ridge Estates. At the intersection of County Road 35 and Eagle Street there is the fenced
enclosure for the Enterprise HP Pipeline appurtenance with outbuilding and support structures. The
remaining property is in sedges and grasses with oil and gas appurtenances.
Access to the property is from County Road 10 adjacent to the south property line and from the
intersection area of County Road 35 and Eagle Street from the northeast. No violations were noted.
Sig rata e
❑ Access to Prapert
H Site Distance ❑ Oil & Gas Structures
❑ Wildlife Topography
Dote any commercial business/commercial vehicles that are operating from the site. No business
Hello