HomeMy WebLinkAbout20132635.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0033, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
OIL AND GAS SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY) AND ONE 70 -FOOT IN HEIGHT
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT -
ANADARKO E&P ONSHORE, LLC, CIO KERR-MCGEE OIL AND GAS ONSHORE,
LP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 25th day
of September, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Anadarko E&P Onshore, LLC, 1099 18th Street, Suite 1800, Denver,
CO 80202, c/o Kerr-McGee Oil and Gas Onshore, LP, 635 N. 7th Avenue, Brighton, CO 80601,
for a Site Specific Development Plan and Use by Special Review Permit, USR13-0033, for
Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield
Waste Disposal Facility — Saltwater Injection Facility) and one 70 -foot in height communications
tower in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lots A and B of Recorded Exemption, RE -2407;
being part of the SE1/4 of Section 24, Township 2
North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
October 23, 2013, to accommodate the applicant's request to have Mr. Troy Swain, Department
of Public Health and Environment, available to attend the hearing,
WHEREAS, at said hearing, the applicant was represented by Elizabeth Smith, with
Kerr-McGee Oil and Gas Onshore, LP, 635 N. 7th Avenue, Brighton, Colorado 80601, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-4-140.A (EP.Goal 1) states: "Encourage the
minimization of mineral resource exploration and production waste
and require the safe disposal of it."
2) Section 22-4-140-A (EP.Policy 1.1) states: Due to the impacts
from surface impoundments and increasing public concern about
them, other alternatives for disposal should be considered." The
proposal is for a Class II Brinewater Injection Well, a seventy-foot
communications tower and associated facilities.
3) Section 22-4-140.B (EP.Goal 2) states: "Mineral resource
exploration and productionn waste facilities should be planned,
located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use,
scale, height, traffic, dust, noise and visual pollution." 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.
B. Section 23-2-230.6.2 -- 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 Facilities, Oil and Gas
Support and Service, including a Class II Oilfield Waste Disposal Facility -
Saltwater Injection Facility and Section 23-3-40.L allows for a 70 -Foot
communications tower as a Use by Special Review in the A (Agricultural)
Zone District.
Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is bordered
by agricultural uses, predominately grazing and rangelands with sparsely
populated residential development. There are 11 property owners within
500 feet of this proposed facility. There are several residences in the
general area with the nearest residence approximately 1,170 feet to the
north with the second nearest residence approximately 1,600 feet to the
west; all other residences are more than 2000 feet from the site. Staff
has received no letters, telephone calls, electronic mail from adjacent or
surrounding property owners or interested persons. Conditions of
Approval and Development Standards will ensure that this use will be
compatible with surrounding land uses.
D. Section 23-2-230.6.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
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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 three (3) miles of the Town of
Hudson, which returned two (2) referrals dated June 14 and July 19,
2013, respectively, stating concerns (June 14) with traffic and impacts to
roads in the community, concerns with overweight vehicles in community,
and the effect of injecting oil field wastes into the ground. The July 19,
2013, referral determined the proposed facility did not have any conflicts
with the Town's interests as long as the facility was constructed and
operated in compliance with the Board of County Commissioners
Resolution. Further, the Town supported Weld County's requirement for
acceleration, deceleration lanes and a left turn lane for the intersection of
County Road (CR) 18.5 and CR 49, and the requirements of obtaining an
overweight vehicle permit if vehicles exceed weight limits on Town of
Hudson roads.
E. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of Weld
County dated 1979 designated the soils on the Salt Water Disposal Site,
as "Other Lands," with land in the far southeast quadrant as "Prime."
G. Section 23-2-230.6.7 -- 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Anadarko E&P Onshore, LLC, do Kerr McGee
Oil and Gas Onshore, LP, for a Site Specific Development Plan and Use by Special Review
Permit, USR13-0033, for Mineral Resource Development Facilities, Oil and Gas Support and
Service (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) and one 70 -foot
in height communications tower in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the USR plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the USR plat shall be labeled USR13-0033.
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2) The USR plat shall be prepared per Section 23-2-260.D of the
Weld County Code.
3) The attached Development Standards.
4) CR 18.5 (CR47.5) is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. This road is
maintained by Weld County.
5) CR 49 is designated on the Weld County Road Classification Plan
as an Arterial road, which requires 140 feet of right-of-way at full
buildout. There is presently 80 feet of right-of-way. An additional
30 feet shall be delineated on the plat as future CR 49
right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. This road is maintained by
Weld County.
6) Delineate the approved access on the plat and label with the
approved access permit number (will be provided).
7) The designated haul route shall be County Road 49. There shall
be signage regarding the designated haul route onsite, and the
designated haul route shall be delineated on the USR Plat.
8) The applicant shall delineate and label the floodplain and floodway
(if applicable) boundaries on the plat. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number.
9) The applicant shall delineate the "Seventy (70) foot Fall Zone for
the Communications Tower."
10) A Lighting Plan shall be submitted and delineated on the USR
Plat.
B. An accepted Final Drainage Report stamped and signed by a
Professional Engineer registered in the State of Colorado is required.
C. An Improvements and Road Maintenance Agreement for off -site
improvements and road maintenance are required for this site. Required
offsite improvements include: paving CR 18.5 (CR 47.5) from CR 49 to
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the project access, constructing a left deceleration lane and right
acceleration and deceleration lanes on CR 49. Road maintenance
includes damage repair.
D. The applicant shall file an Air Pollution Emissions Notice (APEN) with the
Air Pollution Control Division, Colorado Department of Public Health and
Environment. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
E. The applicant shall submit a Groundwater Monitoring Plan to the Weld
County Health Department of Public Health and Environment (WCDPHE),
for review and approval. Evidence of Department approval shall be
submitted in writing to the Weld County Department of Planning Services.
F. The applicant shall submit a Waste Handling Plan to the Weld County Health
Department of Public Health and Environment, for review and approval. Evidence
of Department approval shall be submitted, in writing, to the Weld County
Department of Planning Services.
G. The facility shall post financial assurance with the Colorado Oil and Gas
Conservation Commission (COGCC). The financial assurance shall be adequate
to cover a third -party closure of the facility, including the plugging and
abandonment of the well, in accordance with industry standards, and the removal
of all structures (including concrete) on the facility. The site shall be returned to
its original grade. The facility shall submit evidence to the WCDPHE that the
appropriate financial assurance has been obtained.
H. A Detailed Closure Plan shall be submitted to the WCDPHE and the Colorado Oil
and Gas Conservation Commission. The Closure Plan shall include a
description of the manner in which the well will be plugged and abandoned, as
well as specific details regarding reclamation of the property. No structures or
equipment associated with the facility shall remain on the property following
closure.
A detailed Decommissioning Plan for the Communications Tower.
J. The applicant shall submit two (2) paper copies of the plat or one electronic copy
of the same for preliminary approval to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or three (3) paper copies, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
Upon approval of the plat, the applicant shall submit a Mylar plat, along with all other
documentation required as Conditions of Approval. The Mylar plat and additional
requirements shall be submitted within one hundred twenty (120) days from the date of
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the Board of County Commissioners Resolution. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services.
The applicant shall be responsible for paying the recording fee.
3. 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 sent to
maps@co.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012,
should the plat 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.
5. Prior to the Release of Building Permits:
A. The applicant shall submit detailed plans for a concrete unloading pad for
approval. A leak detection system shall be designed and installed beneath the
concrete unloading pad(s) and sump(s). Plans shall be submitted to, and
approved by, the WCDPHE. Written evidence of the WCDPHE approval of the
concrete unloading pad and leak detection design shall be provided to the
Department of Planning Services.
B. The applicant shall submit detailed plans for the concrete secondary containment
structure for all storage and processing tanks shall be submitted for approval.
Secondary containment volume shall provide containment for the entire contents
of the largest single tank plus sufficient freeboard to allow for precipitation. The
WCDPHE will consider structures other than concrete, provided a Colorado
Registered Professional Engineer provides a certification indicating that the
proposed alternate containment system meets, or exceeds, the function of a
concrete system with regard to containment, spills, and unintended releases.
Written evidence of the WCDPHE approval shall be provided to the Department
of Planning Services.
Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will
be required prior to the start of construction.
B. Right-of-way permit is required for any work within the public right-of-way.
C. Special Transport Permit is required for any over size or over weight vehicles.
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7. Prior to Operation:
A. Accepted construction drawings for and the construction of the off -site roadway
improvements are required prior to operation.
B. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of October, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CO TY. COLORADO
ATTEST: ` 3cr: xe1/2_
Weld County Clerk to the Board
BY:
Deputy Cler
APP
my Attorney
Date of signature: ,n/5
the Boar
v+RM:
am F. Garcia, Chair
EXCUSED
ouglas Rademacher, Pro-Tem
n P. Conway
ike Freeman
arbara Kirkmey
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANADARKO E&P ONSHORE, LLC, CIO KERR MCGEE OIL AND GAS ONSHORE, LP
USR13-0033
1. The Site Specific Development Plan and Special Review Permit, USR13-0033, is for
Mineral Resource Development Facilities, Oil and Gas Support Facility (Class II Oilfield
Waste Disposal Facility - Saltwater Injection Facility) and one (1) seventy (70) foot in
height communications tower in the A (Agricultural) Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. No disposal of waste, other than produced and flowback wastewater from wells operated
by the injection well operator, are permitted. Any changes from this approved use may
require an amendment to this Special Use Permit.
4. Analytical data on wastes and environmental monitoring data shall be made available to
Weld County Department of Public Health and Environment, who reserves the right to
require additional more extensive monitoring.
5. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. Portable containment, such as drip pans, shall be utilized
when working outside containment areas.
6. All liquid waste received at the facility shall be unloaded on the concrete unloading pad.
The unloading pad and leak detection system shall be constructed and operated in
accordance with the approved design. The unloading pad shall be cleaned at a
frequency that prevents oil and other waste from building up on the pad. During winter
months, the pad shall be maintained free of ice.
7. Any required Spill Prevention Control and Countermeasures Plan (SPCC) shall be
prepared and maintained on site pr 40 CFR 112.
8. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
9. The maximum permissible noise level shall not exceed 70 dBA measured in accordance
with Section 25-12-103 CRS.
10. Fugitive particulate emissions (dust) shall be controlled on this site.
11. The facility shall comply with Colorado Air Quality Control Commission Regulations and
any air permits issued by the Colorado Department of Public Health and Environment,
Air Pollution Control Division.
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12. 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, treated, and removed for final disposal in a
manner that protects against surface and groundwater contamination.
13. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations.
14. The facility shall comply with the approved groundwater monitoring plan.
15. All storm water, which has come into contact with waste materials on the site, shall be
confined on the site.
16. Portable toilets may be utilized and shall be maintained in a sanitary condition.
17. The property owner or operator shall provide written evidence of an Emergency Action
and Safety Plan, on or before March 1st 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.
18. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
19. The property owner or tower owner shall allow for co -location on the communication
tower located on -site per Section 23-4-830.C of the Weld County Code.
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.
21. The historical flow patterns and runoff amounts will be maintained on the site.
22. Weld County is not responsible for the maintenance of on -site drainage related features.
23. There shall be no parking or staging of vehicles on County roads. On -site parking shall
be utilized.
24. All construction or improvements occurring in the floodplain, as delineated on Federal
Emergency Management Agency (FEMA) FIRM Community Panel Map #080266 0900C
dated September 28, 1982, shall comply with the Flood Hazard Overlay District
requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all
applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65.
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25. Flood hazard development permits are required for development activities located within
the FEMA mapped Jim Creek Floodplain. The FEMA definition of development is any
man-made change to improved or unimproved real estate, including by not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations, or storage of equipment and materials.
26. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
27. Any lighting, including light from high temperature processes such as welding or
combustion, shall be designed, located and operated in such as manner as to meet the
following standards: 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 of the adjacent properties in accordance with the plan. Neither the direct, not
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.
28. Hours of operation are twenty-four (24) hours each day, seven (7) days per week — 365
days per year.
29. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
30. 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.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Cod.
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.
34. 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,
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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.
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.
36. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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