HomeMy WebLinkAbout20153335.tiff LAND USE APPLICATION
SUMMARY SHEET
PRELIMINARY
VL c cJ N_v
Case Hearing Date: October 6, 2015
Number: USR15-0053
Applicant: DCP Midstream, 3026 4th Avenue, Greeley, Colorado
Address: do Patrick Groom, Witwer, Oldenburg, Barry& Groom, LP
822 7th Avenue, Suite 760, Greeley, Colorado 80631
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development, Oil and Gas Support and Service, (two (2) compressors) and one (1) one
hundred foot in height communications tower in the A(Agricultural)Zone District
Legal: SUBX15-0024 being pad of the E2 NW4 SW4 in Section 19, Township 6 North, Range 62
West of the 6th P.M., Weld County Colorado
Location: Approximately 0.5 miles south of County Road 68;Approximately two and one-quarter miles
east of County Road 69
Size of Parcel: 20 +/- acres Parcel Number: 0797-19-1-00-005
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses with comment from the following
agencies:
Weld County Department of Public Health and Environment, referral dated September 22, 2015
Weld County Planning Services— Engineer, referral dated September 18, 2015
• Weld County Department of Public Works—Access, referral dated September 14, 2015
The Department of Planning Services' staff has received responses without comment from the following
agencies:
• Weld County Zoning Compliance, referral dated August 28, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
➢ History Colorado
• Weld County Sheriffs Office
➢ Galeton Fire Protection District
➢ Weld County School District RE-7
➢ Federal Communication Commission
• West Greeley Soil Conservation District
Weld County Department of Building Inspection
• Weld County Office of Emergency Management
• State of Colorado, Division of Parks and Wildlife
State of Colorado Department of Public Health and Environment
USR15-0053--DCP Midstream,LP—Longhorn Compressor Facility,page 1
SPECIAL REVIEW PERMIT
L p1,J N ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Hearing Date: October 6, 2015
Number: USR15-0053
Applicant: DCP Midstream, 3026 4th Avenue, Greeley, Colorado
Address: do Patrick Groom, Witwer, Oldenburg, Barry& Groom, LP
822 7th Avenue, Suite 760, Greeley, Colorado 80631
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development, Oil and Gas Support and Service, (two (2) compressors) and one (1) one
hundred foot in height communications tower in the A(Agricultural)Zone District
Legal: SUBX15-0024 being pad of the E2 NW4 SW4 in Section 19, Township 6 North, Range 62
West of the 6th P.M., Weld County Colorado
Location: Approximately 0.5 miles south of County Road 68; Approximately two and one-quarter mile
east of County Road 69
Size of Parcel: 20 +/- acres Parcel Number: 0797-19-1-00-005
Narrative:
DCP Midstream, LP is in the process of expanding operations in Weld County, CO. The expansion
Phase will include a new gas processing plant and one to two(1-2)compressor stations,and interconnecting
pipelines. This application addresses only the Longhorn Compressor Station and a one hundred(100)foot in
height communications tower. The unmanned facility will be located within a twenty(20)acre leasehold site
create via SUBX15-0024,of the twenty acres, 3.25 acres will be developed for the facility. The site will be fully
fenced and the area inside the fence will be graveled. The area outside the fence will be re-vegetated with
native grasses.
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. Section 22-5-100.A. (OG.Goal 1.)states"
Promote the reasonable and orderly exploration and development of oil and gas mineral
resources;" and
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 uses;" and
USR15-0053--DCP Midstream,LP—Longhorn Compressor Facility,page 2
Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that
these basic rights and protections allow the free market to prosper and grow the local
economy."
DCP is a business that is in the midstream segment of the natural gas industry. As part of its
business, DCP Midstream, LP gathers natural gas from wellheads,performs gas processing,
and transmits final products to customers via pipelines. In Weld County, DCP operates an
extensive network of gathering pipelines as well as seven gas processing plants. The DJ
Basin area has recently seen rapid expansion as new drilling technologies are allowing more
oil and gas to be produced. As a result, gas gathering and processing capacity needs to be
expanded in order to meet the growing production. To meets these needs, DCP is
proposing, the Longhorn compressor station necessitated by the need to move larger
volumes of gas due to the recent increases in drilling activity and projected additional
production increases anticipated by producers. Further, this need is based on new
technology for uncovering natural gas discoveries and the ability of the DJ Basin to expand
based on these new technologies. The proposed compressor will be sited on private
property leased to DCP Midstream, LP. This proposal has been reviewed by the appropriate
referral agencies and it has been determined that the attached Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and County, and will
address and mitigate impacts on the surrounding area due to the construction of this facility.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource
Development, Oil and Gas Support and Service and Section 23-3-40.K allows one (1) or
more microwave, radio,television or other communication transmission or relay tower over
seventy (70)feet in height per Lot as a Use by Special Review in the A(Agricultural)Zone
District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The property is generally flat with a slight slope to the south. This
site and surrounding lands in each direction are utilized as grazing lands for livestock and are
in native grasses with numerous oil and gas facilities, well heads and tank batteries present
in each direction. There are two(2)property owners on 10 parcels within five hundred feet of
this facility, and there are no residences in the immediate area. DCP proposes to construct a
communication tower up to 100 feet in height at the Longhorn Compressor Station 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. According to
the application, Telecommunication Antenna Towers within a 10-mile radius of the site are
not in close proximity of the Longhorn Compressor Station site to allow for adequate signal
transmission.
Because the transmitters are utilized to remotely control the compression and processing of
natural gas and other hazardous materials, DCP requires that only DCP personnel be
permitted access to its towers and transmitters to prevent intentional or accidental disruption
of communication services. Staff has received no letters, telephone calls or electronic mail
from interested parties.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not within a three mile referral area of a municipality.
USR15-0053--DCP Midstream,LP—Longhorn Compressor Facility,page 3
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County-wide Road
Impact Fee Area.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County-wide Road Impact Fee Program.
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 Programs.
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. This proposed facility is
located on a 20 acre Subdivision Exemption lot(SUBX15-0024)utilizing approximately 3.25
acres for the compressor site. Ongoing agricultural activities will continue on lands not
impacted by this proposed facility. The proposed facility is sited on lands that are without a
designation on the Important Farmlands of Weld County map dated 1979.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0053 (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. County Road 68 is a paved road that turns into a gravel road between section lines
County Road 71 and County Road 73 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. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County(Department of Planning Services-Engineering)
5. Show and label the approved access(AP12-00236),and the appropriate turning radii
on the site plan. (Department of Planning Services-Engineer)
6. Denote on the map the access and utility easement or agreement from County Road
68 to the Subdivision Exemption parcel, SUB15-0024. (Department of Planning
Services-Engineer)
USR15-0053--DCP Midstream,LP—Longhorn Compressor Facility,page 4
B. The applicant shall submit a recorded copy of any agreement signed by all of the owners of
the property crossed by the access. The access shall be for ingress and egress and shall be
referenced on the USR map by the Weld County Clerk and Recorders Reception number.
(Department of Planning Services-Engineer)
C. The applicant shall submit a copy of the Decommissioning Plan for the antenna tower and
appurtenances to the Department of Planning Services. (Department of Planning Services)
2. 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)
3. Upon completion of Conditions of Approval No.1. above 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 Department of Planning Services' Staff. 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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld.co.us. (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the map not
be recorded within the required one hundred twenty(120)days from the date of the Board of County
Commissioners resolution a$50.00 recording continuance charge shall be added for each additional
3 month period. (Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review map is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
USR15-0053--DCP Midstream,LP—Longhorn Compressor Facility,page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Midstream, LP
Longhorn Compressor Station
USR15-0053
1. The Site Specific Development Plan and a Special Review Permit, USR15-0053, for Mineral
Resource Development, Oil and Gas Support and Service, (two (2) compressors) and one (1) one
hundred foot in height communications tower in the A(Agricultural)Zone District, and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Co-location of other antennas by other service providers shall be allowed. (Department of Planning
Services)
4. 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)
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 facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by 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. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and volatile
organic compounds(VOC's). All chemicals must be stored secure,on an impervious surface,and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
USR15-0053--DCP Midstream,LP—Longhorn Compressor Facility page 6
12. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
13. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code,or with all applicable State noise statutes
and/or regulations. (Department of Public Health and Environment)
14. 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)
15. In accordance with Colorado Oil and Gas Conservation Commission Rules, secondary containment
shall be provided for the aboveground storage tanks. The volume retained by the containment should
be greater than the volume of the largest tank inside containment and have sufficient freeboard to
contain precipitation. Alternative protective measures may be allowed provided they comply with the
Colorado Oil and Gas Conservation Commission regulations. (Department of Public Health and
Environment)
16. 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)
17. A Building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes;; 2006 International Energy
Code; 2014 National Electrical Code; A building permit application must be completed and two
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 registered
State of Colorado engineer shall be required or a open hole inspection. (Department of Building
Inspection)
18. The historical flow patterns and run-off amounts will be maintained on site. (Department of Planning
Services-Engineer)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services-Engineer)
20. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning Services-
Engineer)
21. This is an unmanned facility. (Department of Planning Services)
22. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County-wide Road Impact Fee Program. (Department of Planning)
23. 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 Programs. (Department of Planning)
24. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
25. 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)
26. 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)
USR15-0053--DCP Midstream,LP—Longhorn Compressor Facility page 7
27. Following the commencement of operation, 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)
28. 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)
29. 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)
30. 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)
31. 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.
32. 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
USR15-0053--DCP Midstream,LP—Longhorn Compressor Facility page 8
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR15-0053--DCP Midstream,LP—Longhorn Compressor Facility page 9
AGREEMENT BETWEEN DCP MIDSTREAM AND WELD COUNTY FOR THE
EARLY RELEASE OF BUILDING PERMITS OLG1S-00397 AND OLG1S-00400
nci
THIS AGREEMENT("Agreement") is made and entered into this ,z day of Oeiber;
2015, by the County of Weld, State of Colorado, acting through the Weld County Department of
Planning Services (collectively referred to as the"County"), and DCP Midstream, whose address
is 3026 4th Avenue, Greeley, Colorado 80631.
RECITALS
WHEREAS, the Applicant is leasing the real property described as SUBX15-0024 being
part of the E2 NW4 SW4 of Section 19, Township 6 North Range 62 West ("Property"), and
WHEREAS, the Applicant has applied for a Use by Special Review (USR15-0053) for A
Site Specific Development Plan And A Special Review Permit For Mineral Resource
Development, Oil And Gas Support And Service, (Two (2)Compressors),And One(1)One
Hundred Foot In Height Communications Tower In The A(Agricultural)Zone District, and
WHEREAS, the Department of Planning Services accepted the land use application for
USR15-0053 on August 26, 2015, and
WHEREAS, a standard condition of Use by Special Review is that no building or electrical
permits may be issued on the property until the Use by Special Review map for USR15-0053 is
ready to be recorded in the office of the Weld County Clerk and Recorder, and
WHEREAS, the Applicant, has applied for a building permit to install equipment, tanks,
and foundations for an oil & gas processing facility under building permit number OLG15-00397
and OLG15-00400, and
WHEREAS, the Applicant is requesting that building permit OLG15-00397 and OLG15-
00400 be issued prior to submittal of the USR15-0053 map for recording.
NOW,THEREFORE, in consideration of the foregoing,the County consents to the release
of building permit OLG15-00397 and OLG15-00400 and in exchange, the Applicant agrees to
comply with the following terms and conditions:
1. The above recitals are incorporated herein by reference as though set forth herein verbatim.
2. The Applicant shall obtain the necessary building permits and approvals from the Weld County
Department of Building Services prior to commencing work.
3. Staging of parking trucks on the travel lanes of the public roads adjacent to the Property is
prohibited. Nuisance conditions, including,but not limited to, mud and puddles on roads, are
Page 1 of 3
to be prevented and immediately addressed by the Applicant, at the Applicant's expense, to
the County's reasonable satisfaction.
4. The Applicant shall be responsible, at the Applicant's sole expense, for dust controlling,
excavating, repairing, or patching any damage resulting from ingress or egress from the
Property to adjacent roadways. The County shall be consulted prior to any work being
conducted on any County road. The type and method of repair will be determined by County
using commercially reasonable standards and must be performed and completed to the
County's reasonable satisfaction.
5. The Applicant shall be responsible, for grading in compliance with the approved grading
permit GRD15-0056.
6. County permission given to the Applicant through this Agreement to occupy the Property is
for the sole limited purpose of install equipment, tanks, and foundations for an oil &gas
processing facility'(+r.' building permit number OLG15-00397 and OLG15-00400.
7. Building permit OLfi15-00397 and OLG15-00400 shall not be finaled and the installed
equipment and stru,,:cirvies shall not be operated or ti; d until USR15-0053 has b vc:^approved
by the Board of Corch',I Commissioners and all USR 5-0053 conditions of approv:::1 have been
completed and the map has been submitted for recording.
8. In the event USR15-0053 is not approved L, the Weld County Board of County
Commissioners or the final map is not submitted for recording within one hundred and
twenty (120) days,_r the date of the condition::! :'nproval of USRI5-0053 the Weld
County Board of County Commissioner, this Agreement shall terminate and the
Applicant shall have thirty (30) days to remove all buildings, equipment, and
improvements of any kind that do not conform to the Weld County Code and to return
the Property to the condition it was in prior to the execution of this Agreement. Failure
to do so within the thirty (30) day period may result in prosecution for violations of the
Weld County Code.
9. Failure by the Applicant to adhere to the terms and conditions of this Agreement, as solely
determined by the County, may, at the County's sole discretion, result in the termination of
this Agreement. In the event this Agreement is so terminated, the Applicant shall have thirty
(30) days to remove all improvements, including but not limited to buildings or other
structures, and equipment that do not conform to the Weld County Code and to return the
Property to the condition it was in prior to the execution of this Agreement. Failure to do so
within the thirty (30) day period may result in prosecution for violations of the Weld County
Code.
10. Applicant acknowledges that all work done pursuant to OLG15-00397 and OLG15-00400 is
at Applicant's sole risk and expense and the early release of OLG 15-00397 and OLG 15-00400
Page 2 of 3
pursuant to this Agreement in no way indicates whether USR15-0053 will be approved by the
Department of Planning Services or under what conditions it may be approved.
Signed this J N d day of 0 CTo'o eV- 2015.
Weld County Department o lann'ig Services DCP Midstream �,/
VBy: X,7 )!�
Tom Parko, r.,Director p (�
Print Name: Pqu D. 1 ar
Title: ecJ MaHagEC
Page 3 of 3
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970) 304-6498
r �
September 21, 2015
PATRICK GROOM
822 7TH ST STE 760
GREELEY, CO 80632
Subject: USR15-0053 - A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND SERVICE, INCLUDING
OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING, BUT NOT
LIMITED TO, TWO (2) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH
COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET, AND ONE (1) ONE
HUNDRED FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE
DISTRICT
On parcel(s)of land described as:
SUBX15-0024 BEING THE E2 NW4 SW4 SECTION 19, T6N, R62W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 6, 2015, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 21, 2015
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.weldcou ntyplanningcases.arp
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
14 Digitally sgned by Kristine Ranslem
F2ason:I am the author of thisdocument
Date:2015.09.21 14:11:39-06'00'
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
. WEBSITE: www.co.weld.co.us
�� E-MAIL: kogle@co.weld.co.us
iri_ !. PHONE: (970)353-6100, Ext. 3549
X ? FAX: (970)304-6498
August 27, 2015
PATRICK GROOM
822 7TH ST STE 760
GREELEY, CO 80632
Subject: USR15-0053 - A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND SERVICE, INCLUDING
OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, INCLUDING, BUT NOT
LIMITED TO, TWO (2) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH
COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET, AND ONE (1) ONE
HUNDRED FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE
DISTRICT
On parcel(s)of land described as:
SUBX15-0024 BEING THE E2 NW4 SW4 SECTION 19, T6N, R62W 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.
If you have any questions concerning this matter, please call.
Respectfully,
( . /� Digitally signed by Kristine
fthisdem
kg_
l ason:l am the author of thisdocument
Date:2015.08.27 12:10:33-06'00'
Kim Ogle
Planner
FIELD CHECK Sign Planting & Inspection Date: September 25, 2015
CASE USR15-0053
NUMBER:
APPLICANT: DCP MIDSTREAM, 3026 4TH AVENUE, GREELEY, COLORADO
REQUEST: USR FOR (TWO (2) COMPRESSORS) AND ONE (1) ONE HUNDRED
FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL SUBX15-0024 BEING PART OF THE E2 NW4 SW4 IN SECTION 19,
DESCRIPTION: TOWNSHIP 6 NORTH, RANGE 62 WEST OF THE 6TH P.M., WELD
COUNTY COLORADO
LOCATION: APPROXIMATELY 0.5 MILES SOUTH OF COUNTY ROAD 68;
APPROXIMATELY TWO AND ONE-QUARTER MILES EAST OF COUNTY
ROAD 69
SIZE OF +1- 20 ACRES PARCEL NO. 0797-19-1-00-005
PARCEL:
Zoning I Land Use
N AGRICULTURE N GRAZING LAND W OIL AND GAS
E AGRICULTURE E GRAZING LAND W OIL AND GAS
S AGRICULTURE S GRAZING LAND W OIL AND GAS
W AGRICULTURE W GRAZING LAND W OIL AND GAS
Comments:
COUNTY ROAD 68 IS A TWO LANE PAVED ROAD WITH BORROW DITCHES. THE ROAD
HAS AN UP GRADIENT HEADING EAST PAST THE MAIN ENTRANCE INTO THE RANCH.
THE MAIN ENTRANCE IS WIDE, PAVED AND ALLOWS FOR EFFECTIVE TRUCK
MOVEMENT. THERE IS A LARGE PARKING AREA IN FRONT OF THE SECURITY
TRAILER. THE RANCH IS FENCED. FROM THIS ACCESS POINT ALL OIL FIELD
ACTIVITIES ENTER AND EXIT THE RANCH.
THE LEASE HOLD PROPERTY IS BY INTERNAL RANCH ROADS. AERIAL PHOTOGRAPHY
DELINEATES THE SITE CONDITION. PLANNING STAFF DID NOT ENTER THE RANCH
12tyc 4
Signatia
o Access to Property ci Site Distance
Note any commercial business/commercial vehicles that are operating from the site. NONE
Hello