HomeMy WebLinkAbout20131433.tiffWELD -COUNTY
LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: May 7, 2013
Case Number: USR12-0077
Applicant: Halliburton Energy Services, Inc., 10200 Bellaire Blvd. Houston, TX 77072
Representative: Mickey Lebya-Farnsworth — Patrick Engineering, Inc.
1400 W. 120th Street, Suite 102, Denver, Colorado 80234
Request: A Site Specific Development Plan and Amended Special Review Permit [USR-1787] for Mineral
Resource Development, Oil and Gas Support and Service, including Water Recycling and a
Water Supply & Storage Upload Facility and Truck Tanker Washout Facility in the A (Agricultural)
Zone District
Legal
Description: W2NW4 of Section 13, T10N, R61W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 95; South of and adjacent to County Road 118 Section Line
Size of Parcel: 80 Acres +/- Parcel No. 0291-13-0-00-008
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 referral responses with comments from the following
agencies:
State of Colorado, Department of Public Health, referral dated November 19, 2012
State of Colorado, Division of Water Resources, referral dated December 14, 2012
Weld County Department of Public Works, referral dated December 21, 2012
Town of Grover, referral dated January 10, 2012
Weld County Department of Building Inspection, referral dated January 21, 2013
Weld County Department of Public Health and Environment, referral dated April 9, 2013
The Department of Planning Services' staff has received referral responses without comments from the following
agencies:
Weld County Zoning Compliance, referral dated December 13, 2012
State of Colorado, Department of Transportation referral dated December 13, 2012
West Greeley Soil Conservation District, referral dated December 20, 2012
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Sheriff's Office
Pawnee Fire Protection District
Colorado Division of Parks & Wildlife
School District RE -12
HALLIBURTON ENERGY SERVICES INC
USR12-0077, page 1
u
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: May 7, 2013
Case Number: USR12-0077
Applicant: Halliburton Energy Services, Inc., 10200 Bellaire Blvd. Houston, TX 77072
Representative: Mickey Lebya-Farnsworth — Patrick Engineering, Inc.
1400 W. 120th Street, Suite 102, Denver, Colorado 80234
Request: A Site Specific Development Plan and Amended Special Review Permit [USR-1787] for Mineral
Resource Development, Oil and Gas Support and Service, including Water Recycling and a
Water Supply & Storage Upload Facility and Truck Tanker Washout Facility in the A (Agricultural)
Zone District.
Legal
Description: W2NW4 of Section 13, T10N, R61W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 95; South of and adjacent to County Road 118 Section Line
Size of Parcel: 80 Acres +/- Parcel No. 0291-13-0-00-008
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 22-2-20.C. A.Goal 3. states: "County land use regulations recognize and respect the
rights afforded by the State Constitution and associated statutes of individually decreed water
rights. Water rights are considered real property and should be protected as any other private
property right." The State Engineer, Division of Water Resources has permitted four (4) wells for
industrial and commercial use via truck hauling on a tract of land 3840 acres in area.
Section 22-2-20.C. A.Policy 3.3. states: "Land use regulations should consider the traditional and
future operational viability of water -delivery infrastructure when applications for proposed land
use changes are considered." The proposed facility will utilize ground water from 4 wells [74874-
HALLIBURTON ENERGY SERVICES INC
USR12-0077, page 2
F, 74876-F, 74877-F and 74878-F] that are permitted through the Division of Water Resources for
irrigation, industrial and commercial use, livestock, fish rearing, recreation, and pond filling and
additionally in all of Weld County for industrial and commercial use via truck hauling.
Section 22-2-20.G. A.Goal 7. states "County land use regulations should protect the individual
property owner's right to request a land use change."
Section 22-4-140.B. EP.Goal 2. Mineral resource exploration and production 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.
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
proposed facility is located approximately four (4) miles southeast of the Town of Grover and is
bordered by County Road 118 and County Road 95 to the north and west respectively. The
facility will be located on an 80 -acre parcel. Groundwater allocated from these wells will be
pumped to the load out facility through a centrally located water transmission pipeline.
Section 22-2-80 D. I.Goal 4. of the Weld County Code states: "All new industrial development
should pay its own way." Halliburton Energy Services, Inc. and their successors will be paying for
all on -site and offsite improvements associated with this use as required through the
improvements agreement.
Section 22-4-30.A. WA.Goal.1 states "Support the development of water that is put to beneficial
use, along with associated infrastructure." The proposed water recycling facility and permitted
groundwater load out facility will provide a valuable and indispensable service to oil and gas
companies. The centralized location for load out minimizes the removal of agricultural land from
production.
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.
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 Oil and Gas Support and
Service 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 facility is located in a rural agricultural area on parcel containing
the water upload facility and associated improvements. Adjacent properties are utilized for
grazing of cattle and similar ranching operations. Oil and gas facilities are existing
encumbrances on this parcel and adjacent properties. There are no residences in the
immediate area. Development Standards and Conditions of Approval will ensure that this
use will be compatible with 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 the 3 -mile referral for the Town of Grover; the Town
in their referral dated January 10, 2013 stated "The Town of Grover Board of Trustees has
reviewed the referral for USR 12-0077 and we understand that Halliburton Energy Services is
HALLIBURTON ENERGY SERVICES INC
USR12-0077, page 3
proposing to amend the existing Phase I ground water load out facility to allow for a
commercial water recycling facility, and even though they have conveyed that they will not be
running a larger amount of trucks in and out of the facility as a result of this change, our
concerns with the facility overall are the same as when we initially reviewed it in its original
planning stage. We are concerned about the water table in the area, so far only the smaller
water operations in the area have been running, but when a facility of this size enters the
picture, we do not know how it will affect the water table. We are also concerned about traffic
and dust, but overall our biggest concern is the impact the high volume of truck traffic will
have on our roads. The roads coming in and out of Grover are deteriorating quickly due to the
heavy usage because of all of the oil and gas activity."
The maximum projected number of loads to be hauled to and from this facility will be 320
loads of water per day, utilizing approximately 40 tanker trucks.
This Use by Special Review will be subject to a designated haul route and any intersection
improvements such as adequate turning radiuses, dust control if needed, on -site improvements
or upgrades necessary to accommodate this type of use. The Department of Public Works has
identified the haul route for this facility. All trucks will travel north for two miles on County Road
95 to County Road 122, traveling three miles west to the paved portion of County Road 122.
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 Road Impact
Fee Area and the Capital Expansion Impact Fee area.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the Weld County Road Impact 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.
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 soils designated as "Prime if they become Irrigated" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. Part of the property is
improved with the water load out and storage facility [USR-1787], with the remaining lands in
rangeland and employed with ranching activities. Well permit number 56473-F is also
located on this parcel and is approved for the withdrawal from the alluvium for watering of
livestock.
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.
SUMMARY OF USE: The water upload and storage facility is currently operational and utilized by
Halliburton Energy Services, Inc. The wells servicing the water upload component are programmed to
shut down in emergency situations, and are designed to be manually controlled on site or from a remote
location. The water upload facility and water disposal and recycling facility utilizes a pre-programmed
company card that is swiped for access to the facility and also swiped for delivery of water. The Water
Recycling Facility will provide treatment and recycling for water used in regional drilling operations. The
facility will operate 24 hours — 7 days a week and will employ one to five employees full time on site to
oversee the recycling and water upload facility; a tanker washout component is also present on site to
clean the interior of the water tanker trucks.
HALLIBURTON ENERGY SERVICES INC
USR12-0077, page 4
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
B. All sheets of the plat shall be labeled USR12-0077. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) Add note: "Weld County shall not be responsible for maintenance of on -site
drainage related structures." (Department of Public Works)
3) The applicant will delineate on the plat drawing the improvements at the
intersection of the access drive and County Road 95, including the stop sign, the
tapers, adequate turning radiuses of sixty (60) feet minimum, all rights -of -way,
easements, and haul route sign located in the appropriate location prior entering
onto County Road 95, and any other items associated with either drainage or
traffic as stated in the Public Works referral dated December 21, 2012.
(Department of Public Works)
4) Dimensions of parking area shall be indicated on the plat (minimum 30 -degree
parking space dimensions are 9 -feet x 94 feet. (Department of Planning Services)
5) The access will have 60 foot radius to accommodate the larger trucks entering
and existing the site. (Department of Public Works)
6) Show the approved access on the plat and label it with the approved access permit
number AP11-00268. (Department of Public Works)
D. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Works, as stated in their referral response dated December 21, 2012, This includes
transportation related items, e.g., roadway and traffic related issues, and site drainage
related items. (Department of Public Works)
E. The applicant shall attempt to address the requirements of the Town of Grover as stated
in their referral received January 10, 2013. Written evidence of such shall be provided to
the Department of Planning Services. (Town of Grover)
F. The applicant shall attempt to address the requirements of the Division of Water
Resources as stated in their referral received December 14, 2012, specific to the
approval for the use of the water from the water upload facility for municipal use. Written
evidence of such shall be provided to the Department of Planning Services. (Division of
Water Resources)
HALLIBURTON ENERGY SERVICES INC
USR12-0077, page 5
G. The applicant shall file an Air Pollution Emission Notice (A.P.E.N.) with the Colorado
Department of Health and Environment's (CDPHE) Air Pollution Control Division.
Evidence of such shall be submitted in writing to the Department of Planning Services.
(Department of Public Health & Environment)
H. A Ground Water Monitoring Plan shall be submitted to the Weld County Department of
Public Health & Environment and CDPHE Solid Waste Unit for review and approval. The
plan shall include unloading pad(s) and sump(s) leak detection. Evidence of approval
shall be submitted in writing to the Department of Planning Services. (Department of
Public Health & Environment)
The applicant shall be designated by the CDPHE Hazardous Materials and Waste
Management Division's Solid Waste Unit as a Recycling Facility, which does not require
a Certificate of Designation. Evidence of recycling designation shall be submitted in
writing to the Department of Planning Services. (Department of Public Health &
Environment)
J. A detailed design for the secondary containment areas shall be submitted to Weld
County Dept. of Public Health and Environment for review and approval. A concrete
secondary containment structure (floor and walls) surrounding each tank or battery of
tanks shall be constructed. The volume retained by the structure shall be greater than
the volume of the largest tank inside this structure and include sufficient freeboard for
precipitation. A Colorado registered professional engineer shall design the structure.
(Department of Public Health & Environment)
K. A detailed design for the concrete loading/unloading pads shall be submitted to Weld
County Dept. of Public Health and Environment for review and approval. The design
shall demonstrate how all spilled waste, stormwater, and wash down water will be
contained within the receiving areas and sumps. The design shall also include the
method in which seams will be sealed to prevent leakage through the pad. A leak
detection system shall be designed and installed beneath the concrete unloading pad(s)
and associated sump(s). A Colorado registered professional engineer shall design the
structure. (Department of Public Health & Environment)
L. Solids and sediment will accumulate in the processing and storage tanks and be
produced during the recycling process. The facility shall submit a detailed waste
handling plan to Weld County Dept. of Public Health and Environment for approval that
describes the method of solids removal, on -site waste handling, waste storage and
disposal. (Department of Public Health & Environment)
M. A dust control plan for fugitive particulate emissions shall be submitted to the Weld
County Department of Public Health & Environment for review and approval. Evidence of
approval shall be submitted in writing to the Department of Planning Services.
(Department of Public Health & Environment)
N. A Closure Plan shall be submitted to the Weld County Department of Public Health and
Environment and the CDPHE Hazardous Materials and Waste Management Division's
Solid Waste Unit. The Closure Plan shall include a plan for the disposition of wastes
collected on -site at the time of closure. (Department of Public Health & Environment)
O. Prior to recording of the final plat, the applicant needs to submit a grading permit
showing: proposed grading, erosion control placement, typical details for all BMPs to be
utilized, and a Construction Stormwater permit from the Colorado Department of Public
Health and Environment. The permit must be wet stamped by a registered professional
engineer licensed in the State of Colorado. (Department of Public Works)
2. The applicant shall submit three (3) paper copies or one .pdf electronic file of the plat for
HALLIBURTON ENERGY SERVICES INC
USR12-0077, page 6
preliminary approval to the Weld County Department of Planning Services. (Department of
Planning Services)
3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat 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).
Thisdigitalfilemaybesenttodhuerter@co.weld.co.us. (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. A building permit will be required for any new construction, alteration, or addition to any
buildings or structures on the property. (Department of Building Inspection).
B. A building permit application must be completed and two complete sets of engineered
plans including engineered foundation plans bearing the wet stamp of a Colorado
registered architect or engineer must be submitted for review. (Department of Building
Inspection).
C. A geotechnical engineering report performed by a registered State of Colorado engineer
shall be required or a open hole inspection. (Department of Building Inspection).
D. Buildings, equipment and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently the following has 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; 2006 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code. (Department of Building Inspection).
E. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection).
F. A letter is required from the Pawnee Fire Protection District as to whether a fire permit will
be required. (Department of Building Inspection)
6. One month prior to the start of construction:
A. The applicant shall submit a grading permit showing: proposed grading, erosion control
placement, typical details for all BMPs to be utilized, and a Construction Stormwater
permit from the Colorado Department of Public Health and Environment. The permit
must be stamped by a registered professional engineer licensed in the State of Colorado.
Please note that the grading permit will not be released until the applicant has signed the
improvements agreement, posted collateral, and submitted the USR plat for recording.
Evidence of Department of Public Works approval shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Public Works)
HALLIBURTON ENERGY SERVICES INC
USR12-0077, page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Halliburton Energy Services, Inc.
USR12-0077
1. A Site Specific Development Plan and Amended Special Review Permit [USR-1787] for Mineral
Resource Development, Oil and Gas Support and Service, including Water Recycling and a
Water Supply & Storage Upload Facility and Truck Tanker Washout Facility 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. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. (Department of Public Health and Environment)
4. A manager, knowledgeable in operation of the facility shall be on site when the facility is receiving
waste. (Department of Public Health and Environment)
5. No recycling of wastes other than exploration and production wastewaters is permitted. Any
changes from the approved use may require an amendment to this Special Use Permit.
(Department of Public Health and Environment)
6. In accordance with Section 8 of the Regulations Pertaining to Solid Waste Sites and Facilities (6
CCR 1007-2, Part 1), the facility is required to register as a recycling facility and file an annual
report with the CDPHE Solid Waste Unit, which includes the amount of exploration & production
wastewater (produced water/flowback water) recycled. This annual report shall be copied to the
Weld County Dept. of Public Health & Environment. (Department of Public Health and
Environment)
7. Any wastes generated on the facility shall be disposed of in accordance with the Colorado Solid
Waste Act, Section 30-20-100.5, C.R.S., or other appropriate rule, regulation or law. The facility
shall comply with their approved waste handling plan and any amendments to the approved plan
shall be submitted in writing to WCDPHE for approval. (Department of Public Health and
Environment)
8. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
9. This facility shall adhere to the maximum permissible noise level of 70 dBA as allowed in the
Industrial Zone, as delineated in 25-12-103 C.R.S. (Department of Public Health and
Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site and the facility shall
comply with the approved dust control plan. (Department of Public Health and Environment)
11. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air
permits issued by the CDPHE Air Pollution Control Division. (Department of Public Health and
HALLIBURTON ENERGY SERVICES INC
USR12-0077, page. 8
Environment)
12. All liquid wastes received at the facility shall be unloaded on the unloading pad. The concrete
unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building
up on the pad. During winter months, the facility shall maintain the unloading pad free of ice.
(Department of Public Health and Environment)
13. Analytical data on wastes and recycled product and environmental monitoring data shall be made
available to WCDPHE and CDPHE Solid Waste Unit, who reserve the right to require additional
more extensive monitoring. (Department of Public Health and Environment)
14. 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)
15. The fresh water storage and loading system shall be operated in a manner to minimize spills and
fresh water spills shall be captured in containment areas for reuse or allowed to infiltrate if
uncontaminated. There shall be no discharge from the fresh water process to the facilities
stormwater management system. (Department of Public Health and Environment)
16. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. (Department of Public Health and
Environment)
17. The concrete unloading pad and secondary containment areas shall be constructed and operated
in accordance with the approved design and the facility shall comply with the approved
groundwater monitoring and leak detection monitoring plan. (Department of Public Health and
Environment)
18. Any required Spill Prevention and Control and Countermeasure (SPCC) Plan(s) shall be prepared
and maintained on -site in accordance with 40 CFR 112. (Department of Public Health and
Environment)
19. Adequate drinking water, hand washing, and toilet facilities shall be provided. (Department of
Public Health and Environment)
20. 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)
21. In the event that 1 or more acres are disturbed during the construction and development of this
site, the applicant shall obtain a construction stormwater discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment. (Department of
Public Works)
22. Permits shall be obtained for all new buildings, structures and where proposed electrical,
plumbing and mechanical work is to be performed which requires permits per Weld County Code
Chapter 29. (Department of Building Inspection)
23. This facility shall comply with the laws, standards, rules and regulations of the Water Quality
Control Commission, Air Quality Control Commission, Hazardous Materials and Solid Waste
Division, and any other applicable agency. (Department of Public Health & Environment).
24. Hours for operation are 24 -hours each day, seven -days/ week. (Department of Planning
Services)
HALLIBURTON ENERGY SERVICES INC
USR12-0077, page. 9
25. The number of employees employed at the site shall be forty-five (45). (Department of Planning
Services)
26. The approved haul route, (USR-1787), Pawnee Water Management/ Halliburton Energy Services,
Inc., exiting or entering the site: Haul trucks shall enter or exit the site at the approved accesses
onto County Road 95. Haul trucks will travel North on County Road 95 to Road 118 or County
Road 122 to disperse further in any direction; south on County Road 95 to County Raod 112 or
County Road 114 for further dispersal. (Department of Public Works)
27. No parking or staging of commercial vehicles on the county road is allowed. Use on -site parking
area. (Department of Public Works)
28. Weld County shall not be responsible for the maintenance of on -site drainage related areas,
medians or structures. (Department of Public Works)
29. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
30. The applicant must take into consideration storm water capture/quantity and provide accordingly
for best management practices. (Department of Public Works)
31. A building permit maybe required for any new construction, alteration, or addition to any buildings
or structures on the property. (Department of Building Inspection).
32. A building permit application must be completed and two complete sets of engineered plans
including engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. (Department of Building Inspection).
33. A geotechnical engineering report performed by a registered State of Colorado engineer shall be
required or a open hole inspection. (Department of Building Inspection).
34. Buildings, equipment and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has 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; 2006 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection).
35. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection).
36. A letter is required from the Pawnee Fire Protection District as to whether a fire permit will be
required. (Department of Building Inspection)
37. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
38. 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; and
Neither direct nor reflected light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets and no colored lights may be used which may be
confused with or construed as traffic control devices. (Department of Planning Services)
39. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning Services)
HALLIBURTON ENERGY SERVICES INC
USR12-0077, page. 10
40. 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. (Ordinance 2011-2) (Department of Planning
Services)
41. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
42. 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)
43. 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)
44. 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)
45. 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)
46. 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)
47. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
HALLIBURTON ENERGY SERVICES INC
USR12-0077, page. 11
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, sand burs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
HALLIBURTON ENERGY SERVICES INC
USR12-0077, page. 12
April 04, 2013
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
MICKEY LEBYA FARNSWORTH
1400 W 122 AVENUE, SUITE 102
WESTMINSTER, CO 80234
Subject: USR12-0077 - A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW
PERMIT [USR-1787] FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND
SERVICE FACILITY, INCLUDING A CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER
INJECTION FACILITY, A WATER RECYCLING FACILITY AND A WATER SUPPLY & STORAGE
UPLOAD FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
W2NW4 SECTION 13, T10N, R61W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 7, 2013, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 29, 2013 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
If you have any questions concerning this matter, please call.
Respectfully,
Ltc--
Kim Ogle
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.04.04 11:30:15 -06'00'
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
December 12, 2012
MICKEY LEBYA FARNSWORTH
PATRICK ENGINEERING INC
1400 W 122 AVENUE, SUITE 102
WESTMINSTER, CO 80234
Subject: USR12-0077 - A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS SUPPORT
AND SERVICE (WATER SUPPLY & STORAGE AND A WATER RECYCLING FACILITY ) IN THE A
(AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
W2NW4 SECTION 13, T10N, R61W 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 Commission(s) for their review and comments:
Grover at Phone Number 970-895-2213
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
kysh
Kim Ogle
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2012.12.12 15.48:00 -07'00'
FIELD CHECK
Inspection Date: APRIL 24, 2013
Planner: Kim Ogle Hearing Date: May 7, 2013
Case Number: USR12-0077
Applicant: Halliburton Energy Services, Inc., 10200 Bellaire Blvd. Houston, TX 77072
Representative: Mickey Lebya-Farnsworth — Patrick Engineering, Inc.
1400 W. 120th Street, Suite 102, Denver, Colorado 80234
Request: A Site Specific Development Plan and Amended Special Review Permit [USR-1787] for
Mineral Resource Development, Oil and Gas Support and Service, including Water
Recycling and a Water Supply & Storage Upload Facility and Truck Tanker Washout
Facility in the A (Agricultural) Zone District
Legal
Description: W2NW4 of Section 13, T10N, R61W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 95; South of and adjacent to County Road 118
Section Line
Zoning
Land Use
N
AGRICULTURE
N
RANGELAND
E
AGRICULTURE
E
RANGELAND
S
AGRICULTURE
S
RANGELAND
W
AGRICULTURE
W
RANGELAND
Comments:
Water upload and storage facility is operational. All improvements associated with this facility are
constructed and generally are operational. The plant material is not yet installed, the pad for the future
water recycle component is bladed and graded to level
The cattle guards on outbound traffic have settled to a lower profile than the adjacent inbound
component
hl..
SignatLr : Kim Ogle
Hello