HomeMy WebLinkAbout20132810.tiffCase Number: USR13-0041
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: September 17, 2013
Applicant: United Surface and Minerals LLC and Select Energy Services
Address: do, Jim Goddard, 201 W. California Street, Gainesville, TX 76240
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support Facility including a Class II Oilfield Waste
Disposal Facility - Saltwater Injection Facility, Water Recycling and a Water Supply &
Storage Upload Facility and Truck Tanker Washout Facility in the A (Agricultural) Zone
District
Legal Description: N2 NW4 of Section 35, Township 8 North, Range 60 West of the 6th P.M., Weld
County, Colorado
Location: East of and adjacent to County Road 105; south of and adjacent to County Road 88
Section Line
Parcel Number: 0541-35-0-00-003 Size of Parcel: 80 acres +/-
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' has received responses from the following agencies with
comments:
Weld County Department of Public Works referral dated August 15, 2013
Weld County Department of Public Health and Environment referral dated August 19, 2013
The Department of Planning Services' has received responses from the following agencies without
comments:
➢ Weld County Code Compliance referral dated July 22, 2013
➢ Weld County Sheriff's Office, referral dated August 19, 2013
State of Colorado, Division of Water Resources referral received August 19, 2013
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Department of Building Inspection
➢ U.S. Department of Agriculture, Forest Service
➢ U.S. Department of Interior, Bureau of Land Management
USR13-0041 Select Energy Services — Salt Water Injection and Water Supply and Storage, and Upload Facility, page 1
Briggsdale Fire Protection District
West Greeley Soil Conservation District
State of Colorado, Division of Parks and Wildlife
Weld County Office of Emergency Management
State of Colorado, Department of Public Health and Environment
State of Colorado, Department of Transportation
USR13-0041 Select Energy Services — Salt Water Injection and Water Supply and Storage, and Upload Facility, page 2
Kim Ogle
Planner:
Case Number: USR13-0041
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: September 17, 2013
Applicant: United Surface and Minerals LLC and Select Energy Services
Address: do, Jim Goddard, 201 W. California Street, Gainesville, TX 76240
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support Facility including a Class II Oilfield Waste
Disposal Facility - Saltwater Injection Facility, Water Recycling and a Water Supply &
Storage Upload Facility and Truck Tanker Washout Facility in the A (Agricultural) Zone
District
Legal
Description: N2 NW4 of Section 35, Township 8 North, Range 60 West of the 6th P.M., Weld County,
Colorado
Location: East of and adjacent to County Road 105; south of and adjacent to County Road 88
Section Line
Parcel Number: 0541-35-0-00-003 Size of Parcel: 80 acres +/-
Narrative:
Select Energy Services [SES] is proposing to build a Class II Salt Water Disposal facility near the town of
Keota. The facility will have a gate at the entrance and the entire SWD facility will be fenced with three
strand wire fence. The facility will be operated 24/7 with at least two employees on site at all times. Post
construction all disturbed areas will be reseeded with a native grass to keep the dust down and to
stabilize the soils. A small screened dumpster will be utilized for office and miscellaneous trash
generated by office workers or drivers.
This SWD facility will construct a single concrete receiving pad where the trucks will off-load and possibly
up load recycled water in the future. There will be eight bays constructed initially. Four bays will be
designated for off-loading trucks and four bays will be designated for loading recycled water at a later
date. Once the truck is on the pad with the engine shut off, personnel from SES will ground the truck and
begin to offload the brinewater. On average, SES anticipates a maximum of 130 trucks visiting the site
per day.
During the off-load process, a trench drain will catch the brinewater left in the hose and a concrete vault
will receive the water from the trench drain prior to being pumped out to the flat tank. The concrete vault
will be triple lined and will have a monitoring well to detect if the liners would ever become violated. The
water being offloaded will pass through the flat tank then over to the gun barrel tanks and from there into
the system tanks. At this point in the process the water will be filtered to at least 50 microns and then
USR13-0041 Select Energy Services — Salt Water Injection and Water Supply and Storage, and Upload Facility, page 3
injected via an injection pump. The injection pump will be located in the only building on this site. The
building will also contain the offices and restrooms for staff and drivers.
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 22-4-140.A. EP.Goal 1.states
"Encourage the minimization of mineral resource exploration and production waste and
require the safe disposal of it;" and 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 and
associated facilities.
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 22-4-140.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.
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 Facilities, Oil and Gas Support and Service including a
Class II Oilfield Waste Disposal Facility - Saltwater Injection; Water Recycling and a
Water Supply & Storage Upload Facility and Truck Tanker Washout Facility 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 site is bordered by agricultural uses, predominately
grazing and rangelands with sparsely populated residential development. There are 6
property owners within 500 feet of this proposed facility. There is one residence in the
general area with the nearest residence approximately 1.5 miles to the south with the
second nearest residence more than 2 miles from the site. Staff has received no letters,
telephone calls, electronic mail from adjacent or surrounding property owners or
interested persons. 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 not located within three miles of a municipality.
USR13-0041 Select Energy Services — Salt Water Injection and Water Supply and Storage, and Upload Facility, page 4
E. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -wide Road Impact Fee Program and County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The U.S.D.A.
Soils Maps of Prime Farmlands of Weld County dated 1979 designated the soils on the
Salt Water Disposal Site, as "High Potential Dry Cropland — Prime if they become
Irrigated." The facility will be sited on 2.5 acres near County Road 105, with the residual
lands maintained for dryland agricultural production and grazing.
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 USR Plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the USR Plat shall be labeled USR13-0041. (Department of
Planning Services)
2. The USR Plat shall be prepared per Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. County Road 88 is designated on the Weld County Road Classification Plan as a
Section Line, with 60 feet of 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. All setbacks shall be measured from the edge of
future right-of-way. This road is not maintained by Weld County. (Department of
Public Works)
5. County Road 105 is designated on the Weld County Road Classification Plan as
a collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the
plat as future County Road 105 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. (Department of
Public Works)
USR13-0041 Select Energy Services — Salt Water Injection and Water Supply and Storage, and Upload Facility, page 5
6. Delineate the approved access on the plat and label with the approved access
permit number (will be provided) and pay the applicable fee for the new large
commercial access permit. (Department of Public Works)
7. The application materials did not include a waste management plan. Areas used
for trash collection shall be screened from public rights -of -way and all adjacent
properties. These areas shall be designed and used in a manner that will prevent
wind- or animal -scattered trash. Please delineate the location of the screened
trash collection area. (Department of Planning Services)
8. The application materials did not include a Lighting Plan. Should exterior lighting
be a part of this facility, all light standards shall be delineated on the USR Plat.
(Department of Planning Services)
B. An accepted Final Drainage Report stamped and signed by a Professional Engineer
registered in the State of Colorado is required. (Department of Public Works)
C. An improvements agreement is required for this site. Road maintenance including dust
control, damage repair and triggers for improvement will be included. (Department of
Public Works)
D. The applicant shall address the concerns of the Department of Natural Resources,
Division of Water Resources referral dated August 19, 2013, specific to submitting
evidence of a valid well permit to support the business. (Division of Water Resources)
E. The applicant shall file an Air Pollutant 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.
(Department of Public Health and Environment)
F. The applicant shall submit a Groundwater Monitoring Plan to the Weld County Health
Department of Public Health and Environment (WCDPHE) for review and approval. The
plan shall include leak detection for unloading pad(s) and sump(s). Evidence of
Department approval shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
G. The facility shall post financial assurance with the Colorado Oil & Gas Conservation
Commission (COGCC) for the Class II Injection Facility and surface structures related to
the disposal well. The facility shall submit evidence to the Weld County Department of
Planning Services that the appropriate financial assurance has been obtained.
(Department of Public Health and Environment)
H. A Detailed Closure Plan shall be submitted to the Weld County Department of Public
Health and Environment and the Colorado Oil and Gas Conservation Commission. The
facility shall submit evidence to the Weld County Department of Planning Services that
closure plans have been submitted. (Department of Public Health and Environment)
The applicant shall submit a Lighting Plan to the Department of Planning Services for
review and approval. (Department of Planning Services)
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.
(Department of Planning Services)
2. Upon completion of Condition of Approval No.1. 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
USR13-0041 Select Energy Services — Salt Water Injection and Water Supply and Storage, and Upload Facility, page 6
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)
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).
Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required one hundred twenty (120) days from the date the Board of
County Commissioners approval was signed a $50.00 recording continuance charge may be
added for each additional 3 month period. (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. Sewage disposal from buildings shall be by septic. The applicant shall apply for and
obtain a commercial Individual Sewage Disposal System I.S.D.S. permit for toilet
facilities. (Department of Public Health and Environment)
B. Detailed Plans for a concrete unloading pad shall be submitted for approval. A
secondary liner and 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
Weld County Department of Public Health and Environment. Evidence of Department
approval shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
C. Detailed plans for the concrete secondary containment structure for all storage and
processing tanks shall be submitted to and approved by the Weld County Department of
Public Health and Environment. Secondary containment volume shall provide
containment for the entire contents of the largest single tank plus sufficient freeboard for
precipitation. Evidence of Department approval shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Public Health and
Environment)
6. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior
to the start of construction. (Department of Public Works)
B. Right of way permit is required for any work within the public right of way. (Department of
Public Works)
C. Special transport permit is required for any over size or over weight vehicles.
(Department of Public Works)
7. 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)
USR13-0041 Select Energy Services — Salt Water Injection and Water Supply and Storage, and Upload Facility, page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
United Surface & Minerals, LLC
Weitzel Ranch Water Injection Facility
USR13-0041
1. The Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support Facility including a Class II Oilfield Waste
Disposal Facility - Saltwater Injection Facility, Water Recycling and a Water Supply &
Storage Upload Facility and Truck Tanker Washout Facility in the A (Agricultural) Zone
District, as indicated in the application materials on file 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. Only Class II Exploration & Production Wastewaters as defined by the Environmental
Protection Agency are permitted to be accepted for disposal. Any changes from this
approved use may require an amendment to this Special Use Permit. (Department of
Public Health and Environment)
4. Prior to construction of the recycling facility, the owner/operator must submit an
Engineered Design & Operations Plan and Recycling Designation Request for the
produced water/flowback wastewater recycling operations to the Colorado Department of
Public Health and Environment Hazardous Materials and Waste Management Division's
Solid Waste Unit and the Weld County Department of Public Health and Environment for
review and approval. The applicant must receive designation by the CDPHE Hazardous
Materials and Waste Management Division's Solid Waste Unit as a Recycling Facility,
which based on existing law and policy does not require a Certificate of Designation or
apply for a Certificate of Designation with Weld County if the recycling designation is
denied. Evidence of CDPHE and WCDPHE approval of the recycling designation shall
be submitted in writing to the Department of Planning Services prior to construction and
operation of the recycling facility. (Department of Public Health and Environment)
5. Recycling operations must receive and maintain designation as a recycling facility from
the Colorado Department of Public Health and Environment to accept Exploration &
Production Wastewaters for recycling. No recycling of wastes other than exploration and
production wastewaters is permitted. Any changes from the approved designation may
require an amendment to this Special Use Permit and a Certificate of Designation.
(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 recycling facility is required to register 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 and
Environment. (Department of Public Health and Environment)
7. Analytical data on wastes and environmental monitoring data shall be made available to
WCDPHE, who reserves the right to require additional more extensive monitoring.
(Department of Public Health and Environment)
8. 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. (Department of Public Health and
USR13-0041 Select Energy Services — Salt Water Injection and Water Supply and Storage, and Upload Facility, page 8
Environment)
9. 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
frequently that prevents oil and other waste from building up on the pad. During winter
months the pad shall be maintained free of ice. (Department of Public Health and
Environment)
10. Any required Spill Prevention Control and Countermeasures (SPCC) Plans shall be
prepared and maintained on site pr 40 CFR 112. (Department of Public Health and
Environment)
11. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
12. The maximum permissible noise level shall not exceed 70 dBA measured in accordance
with Section 25-12-103 CRS. (Department of Public Health and Environment)
13. The facility shall comply with Colorado Air Quality Control Commission Regulations and
any air permits issued by the CDPHE Air Pollution Control Division. Fugitive particulate
emissions (dust) shall be controlled on this site. (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, treated, and removed for final disposal in a
manner that protects against surface and groundwater contamination. (Department of
Public Health and Environment)
15. The facility shall comply with the approved groundwater monitoring plan. (Department of
Public Health and Environment)
16. All storm water, which has come into contact with waste materials on the site, shall be
confined on the site. (Department of Public Health and Environment)
17. The facility shall provide adequate drinking water, hand washing, and toilet facilities.
(Department of Public Health and Environment)
18. Sewage disposal from buildings shall be by septic. The applicant shall apply for and
obtain a commercial Individual Sewage Disposal System I.S.D.S. permit for toilet
facilities. (Department of Public Health and Environment)
19. Any Individual Sewage Disposal System (I.S.D.S.) shall be constructed, operated and
maintained in compliance with the Weld County Code provisions and WCDPHE policies
pertaining to I.S.D.S. Systems. (Department of Public Health and Environment)
20. The property owner or operator shall provide 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. (Department of Planning Services)
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or private
USR13-0041 Select Energy Services — Salt Water Injection and Water Supply and Storage, and Upload Facility, page 9
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices. (Department of Planning Services)
22. 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 Public Works)
23. The historical flow patterns and runoff amounts will be maintained on the site.
(Department of Public Works)
24. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
25. There shall be no parking or staging of vehicles on County roads. On -site parking shall
be utilized. (Department of Public Works)
26. 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 beams or rays of light will
not shine directly onto adjacent properties; neither the direct nor reflected light from any
light source may create a traffic hazard to operators of motor vehicles on public or private
streets; and no colored lights may be used which may be confused with or construed as
traffic control devices. (Department of Planning Services)
27. Hours of operation are twenty-four (24) hours each day, seven (7) days per week — 365
days per year. (Department of Planning Services)
28. 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; 2009 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code. (Department of Building Inspection)
29. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -wide Road Impact Fee Program and the County Facility Fee and
Drainage Impact Fee Program. (Department of Planning Services)
30. 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)
31. 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)
32. 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)
33. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards as shown or stated shall
require the approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
USR13-0041 Select Energy Services — Salt Water Injection and Water Supply and Storage, and Upload Facility, page 10
permitted. Any other changes shall be filed in the office of the Department of Planning
Services. (Department of Planning Services)
34. 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)
35. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the
country in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize and accept there are drawbacks, including
conflicts with long-standing agricultural practices and a lower level of services than in
town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from tractors
and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field
work, harvest and gravel roads; odor from animal confinement, silage and manure;
smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting
sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in
their agricultural operations. A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or
private nuisance if the agricultural operation alleged to be a nuisance employs methods
or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"
of residential development. When moving to the County, property owners and residents
must realize they cannot take water from irrigation ditches, lakes, or other structures,
unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in
size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the distances
which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved
road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many
cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
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
USR13-0041 Select Energy Services — Salt Water Injection and Water Supply and Storage, and Upload Facility, page 11
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.
USR13-0041 Select Energy Services — Salt Water Injection and Water Supply and Storage, and Upload Facility, page 12
August 27, 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
GODDARD JIM
15988 COUNTY ROAD 49
LASALLE, CO 80645
Subject: USR13-0041 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT
FACILITY (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY
AND WATER RECYCLING AND A WATER SUPPLY & STORAGE UPLOAD FACILITY AND TRUCK
TANKER WASHOUT FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
W2 SECTION 35, T8N, R60W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 17, 2013, at
1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 9,
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
%WAN weldcountyplanningcases orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: l am the author of this document
Date: 2013.08.27 14:22:56 -06'00'
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
July 22, 2013
GODDARD JIM
15988 COUNTY ROAD 49
LASALLE, CO 80645
Subject: USR13-0041 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT FACILITY (INCLUDING
WATER RECYCLING AND WATER SUPPLY AND STORAGE, INCLUDING AN UPLOAD FACILITY
AND A CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN
THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
W2 SECTION 35, TBN, R60W 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 Ranslem
Reason: I am the author of this document
Date: 2013.07.22 09:18:43 -06'00'
Kim Ogle
Planner
FIELD CHECK Inspection Date: September 2013
Applicant: United Surface and Minerals LLC and Select Energy Services
Case No. USR13-0041
Request: A Site Specific Development Plan and Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support Facility including a Class
II Oilfield Waste Disposal Facility - Saltwater Injection Facility, Water Recycling
and a Water Supply & Storage Upload Facility and Truck Tanker Washout
Facility in the A (Agricultural) Zone District
Legal
Description: N2 NW4 of Section 35, Township 8 North, Range 60 West of the 6th P.M., Weld
County, Colorado
Location: East of and adjacent to County Road 105; south of and adjacent to County Road
88 Section Line
Parcel Number: 0541-35-0-00-003
Size of Parcel: 80 acres +/-
Zoning
Land Use
N
Agriculture
N
Rangeland/ Pastureland with limited Oil and Gas
encumbrances
E
Agriculture
E
Rangeland/ Pastureland with limited Oil and Gas
encumbrances
S Agriculture
S Rangeland/ Pastureland with limited Oil and Gas
encumbrances
Rangeland/ Pastureland with limited Oil and Gas
encumbrances
W
Agriculture
W
Comments:
Very rural property with limited development predominately to the south 1.5 to 2 miles for the
nearest residence. Gravel road sloping up to the north towards Highway 14. Property is fenced
with three strand barb -wire on wood posts. Good visibility for access.
Signature
❑ Site Distance Good
❑ Oil & Gas Structures Adjacent to North, and sprinkled in all directions from site
Note any commercial business/commercial vehicles that are operating from the site. - None
Hello