HomeMy WebLinkAbout20132636.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO
IA
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR13-0033
APPLICANT: ANADARKO E&P ONSHORE LLC
PLANNER: KIM OGLE
REQUEST: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT, 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
LEGAL DESCRIPTION: LOTS A AND B REC EXEMPT RE -2407; PART SE4 SECTION 24, T2N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 49; SOUTH OF AND ADJACENT TO CR 47.5.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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, a seventy
foot communications tower and associated facilities.
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 Facility and Section 23-3-40.L a seventy foot
communications tower 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 11 property owners
within 500 feet of this proposed facility. There are several residences in the general area with
the nearest residence approximately 1170 feet to the north with the second nearest residence
approximately 1600 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. 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 three miles of the Town of Hudson who returned two
RESOLUTION USR13-0033
ANADARKO E&P ONSHORE LLC
PAGE 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 so 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 18.5 and County
Road 49; and the requirements of obtaining an overweight vehicle permit if vehicles exceed
weight limits on Town of Hudson roads.
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.
Building Permits issued on the proposed lots, will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. 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 23-2-220.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 Planning Commission 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 USR13-0033. (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 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 build out.
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. If the right-of-way cannot be verified,
it shall be dedicated. This road is maintained by Weld County. (Department of
Public Works)
5. County Road 49 is designated on the Weld County Road Classification Plan as an
Arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 80 feet of right-of-way. An additional 30 feet shall be delineated on the plat
as future County Road 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
RESOLUTION USR13-0033
ANADARKO E&P ONSHORE LLC
PAGE 3
the documents creating the right-of-way and this information shall be noted on the
plat. If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. (Department of Public Works)
6. Delineate the approved access on the plat and label with the approved access permit
number (will be provided). (Department of Public Works)
7. 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. (Department of Public Works)
8. The applicant shall delineate the "Seventy (70) foot Fall Zone for the
Communications Tower". (Department of Planning Services)
9. 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 and road maintenance agreement for offsite improvements and road
maintenance are required for this site. Required offsite improvements include: paving CR
18.5 (CR 47.5) from CR 49 to the project access, constructing a left deceleration lane and
right acceleration and deceleration lanes on CR 49. Road maintenance includes damage
repair. (Department of Public Works)
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. (Department of
Public Health and Environment)
E. The applicant shall submit a Groundwater Monitoring 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. (Department of Public Health and Environment)
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.
(Department of Public Health and Environment)
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 Weld
County Department of Public Health and Environment (WCDPHE) 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 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.
(Department of Public Health and Environment)
A detailed Decommissioning plan for the Communications Tower. (Department of Planning
Services)
RESOLUTION USR13-0033
ANADARKO E&P ONSHORE LLC
PAGE 4
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 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). This digital file may be
sent to mapsco.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. 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 Weld County Department of Public
Health and Environment. Written evidence of the Department of the Weld County
Department of Public Health and Environment approval of the concrete unloading pad and
leak detection design shall be provided to the Department of Planning Services. (Department
of Public Health and Environment)
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 Weld County Department of Public Health
and Environment 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 Department
of the Weld County Department of Public Health and Environment approval shall be provided
to the 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)
RESOLUTION USR13-0033
ANADARKO E&P ONSHORE LLC
PAGE 5
7. Prior to Operation:
A. Accepted construction drawings for and the construction of the offsite roadway improvements
are required prior to operation. (Department of Public Works)
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.
(Department of Planning Services)
Motion seconded by Joyce Smock.
VOTE:
For Passage
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
Against Passage Absent
Benjamin Hansford
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 3, 2013.
Dated the 3rd of September, 2013.
Digitally signed by Kristine
d,>Ranslem
Date: 2013.09.06 09:21:36 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr-McGee Oil and Gas OnShore, LP
Hudson Salt Water Injection Facility
USR13-0033
1. The Site Specific Development Plan and Special Review Permit, USR13-0033, for Mineral Resource
Development Facilities, Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility -
Saltwater Injection Facility) and one (1) communications tower seventy (70) feet in height 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. 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. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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 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)
7. Any required Spill Prevention Control and Countermeasures Plan (SPCC) shall be prepared and
maintained on site pr 40 CFR 112. (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. 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)
10. Fugitive particulate emissions (dust) shall be controlled on this site. (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 Colorado Department of Public Health and Environment, Air Pollution Control
Division. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
13. Any 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)
14. The facility shall comply with the approved groundwater monitoring plan. (Department of Public Health
and Environment)
15. 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)
RESOLUTION USR13-0033
ANADARKO E&P ONSHORE LLC
PAGE 7
16. Portable toilets may be utilized and shall be maintained in a sanitary condition. (Department of Public
Health and Environment)
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.
(Department of Planning Services)
18 arses- li t 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 an light source may create a traffic hazard
to operators of motor vehicles on public or private streets. No colored lights may be used which may
be confused with, or construed as, traffic control devices. (Department of Planning Services)
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. (Department of Planning Services)
20. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
21. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
23. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized.
(Department of Public Works)
24. All construction or improvements occurring in the floodplain as delineated on Federal Emergency
Management Agency 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. (Department of Public Works)
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. (Department of Public Works)
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. (Department of Public Works)
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 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)
28. Hours of operation are twenty-four (24) hours each day, seven (7) days per week — 365 days per year.
(Department of Planning Services)
RESOLUTION USR13-0033
ANADARKO E&P ONSHORE LLC
PAGE 8
29. 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)
30. 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)
31. 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)
32. 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)
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. (Department of
Planning Services)
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 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)
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. (Department of Planning
Services)
36. 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.
RESOLUTION USR13-0033
ANADARKO E&P ONSHORE LLC
PAGE 9
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
PC irlinues 0/3//3
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Approve Case USR13-0040 along with the Conditions of Approval and Development Standards,
Moved by Jason Maxey, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael
Wailes, Nick Berryman.
CASE NUMBER: USR13-0033
APPLICANT: ANADARKO E&P ONSHORE LLC
PLANNER: KIM OGLE
REQUEST: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT, 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
LEGAL DESCRIPTION: LOTS A AND B REC EXEMPT RE -2407; PART SE4 SECTION 24, T2N, R65W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 49; SOUTH OF AND ADJACENT TO CR
47.5.
For the record, Commissioner Maxey noted that he drove by the site.
Kim Ogle, Planning Services, presented Case USR13-0033, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik suggested changing Condition of Approval 7.A to read "Accepted
construction drawings for and construction of the offsite roadway improvements are required prior to
operation".
Janet Carter, Public Works, reported that the access is better to be on the hill so you can see from both
directions. Additionally, the applicant will be making upgrades to County Road 18.5 by cutting down a
piece of that hill. Commissioner Sparrow asked if she was comfortable with the traffic going up the hill.
Ms. Carter replied yes and added that with the construction of the roadway it can be evened out and
lengthened so that there will be better site distance. In response to Commissioner Berryman's questions,
Ms. Carter said that there will be a deceleration lane as you are going south on County Road 49 to the
facility as well as an acceleration lane going south on County Road 49 and a deceleration lane heading
north to the facility as you turn onto County Road 18.5.
Troy Swain, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Commissioner Maxey referred to Development Standard 16 and asked to clarify the portable toilets
because it seems that other facilities like this are required to have permanent sanitary facilities. Mr.
Swain said that there is 1 part-time employee and according to the Environmental Health Policy they are
allowed to utilize portable toilets when there is a certain number of visitors during a limited amount of
time.
Commissioner Maxey asked Mr. Ogle to explain Development Standards 18 and 27 since they seem to
duplicate each other. Mr. Ogle stated that Development Standard 18 may be deleted.
Elizabeth Smith, Anadarko, 1099 18th St, Denver, Colorado, stated that they are proposing a saltwater
injection facility and a 70 foot communications tower. As Kerr McGee has increased the number of oil
and gas wells surrounding this proposed site the amount of produced water has increased and this
proposed facility is designed to dispose of the produced water via injection 8,000 to 12,000 feet beneath
the surface. The 70 foot communication tower will provide communication to and from the site to their
integrated operation center. Ms. Smith added that there is an existing tower adjacent to the property;
however because the proposed tower uses ethernet as its primary way of communication and the
maximum distance the ethernet cable can be run is 320 feet they are unable to use any other co -located
tower and are requesting that they build and utilize their own tower at this site.
Commissioner Maxey asked staff if screening is required. Mr. Ogle said that screening is not required.
Mr. Maxey asked the applicant if they are proposing any screening. Ms. Smith stated that they are not
proposing any screening or landscaping at this time. Commissioner Smock said that it would seem that
some landscaping would be done with a large facility like this. Ms. Smith said that they will not be having
a well so no landscaping could be irrigated.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ellen Swieter, 25027 CR 18, Keenesburg, Colorado, stated that she is concerned that there has been no
public awareness of this application. She said that this facility will be located on a hill and wondered how
this well will not give way. Ms. Swieter expressed concern with traffic at the intersection of County Road
18.5 and County Road 49. She asked what impact studies have been done at other saltwater injection
facilities.
Commissioner Maxey asked what the length of the deceleration lane will be on the west side of the road.
Ms. Carter said that because the speed limit is 65 mph it will be approximately 0.5 miles long when you
add in the taper lengths. The layout will not be determined until the actual design. She added that they
have added a storage length.
Alvin Dechant, 11521 CR 49, stated that they have property with 2 irrigation wells and a pipeline that
goes across to the east side of County Road 49. He stated that he just came today to get some answers
on what the plan is. Mr. Dechant expressed concern regarding the traffic as well.
Ms. Smith said that this facility is very highly regulated by the Colorado Oil and Gas Conservation
Commissioner (COGCC) and is not aware of any impact studies but is happy to get back with Ms.
Swieter.
Joe Aucoin, 1099 18`h St, Denver, Colorado, said that before a permanent structure is placed on site they
will find any pipelines and work with the owner.
Commissioner Berryman asked about the contour of the hill and how it affects visibility as well as the
concern regarding the gulch. Ms. Carter said that there is a gulch adjacent to County Road 49 and they
will work on the drainage associated with that. She added that they are working with the applicant on
lowering the hills and correcting the site distance at the intersection of County Roads 18 and 49.
The Chair asked staff to explain the posting process. Mr. Ogle stated that according to Weld County
Code staff is required to post a sign prior to 10 days of the hearing. The sign for this facility was posted
on Aug. 7, 2013. The Chair added that surrounding property owners within 500 feet of the boundary of the
property are notified of the application as well.
Motion: Amend Condition of Approval 7.A as stated by Staff, Moved by Jason Maxey, Seconded by
Bret Elliott.
Motion passed unanimously.
Motion: Delete Development Standard 18 per staff recommendation and renumber accordingly, Moved
by Jason Maxey, Seconded by Nick Berryman.
Motion passed unanimously.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
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Motion: Forward Case USR13-0033 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael
Wailes, Nick Berryman.
The Chair called a recess at 2:53 pm reconvened the hearing at 3:06 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0030
70 RANCH LLC, 01O UNITED WATER AND SANITATION DISTRICT
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
ALL BLKS AKA LOTS C & D & ADJACENT DAVIES AVE & ADJ ALLEY - L1 TO
L9 BLK5 & ADJACENT CASTLE AV & ADJ ALLEY - L1 TO L15 BLK4 &
ADJACENT CASTLE AV & ADJACENT DAVIES AV & ADJ ALLEY; PART OF
SECTION 34; T5N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 67; SOUTH OF AND ADJACENT TO CR
380.
Chris Gathman, Planning Services, presented Case USR13-0030, reading the recommendation and
comments into the record. Mr. Gathman noted that a letter was signed by a group of three (3) property
owners that outlined a number questions concerning how much traffic, where the water will come from
and the impact on adjacent wells, noise from the facility, lighting, enforcement of truck route and the
speeding and dust from the truck route. The applicant did respond to these questions and said that they
can provide signage and notification to trucking companies that they cannot go west on County Road
380. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. The site is located in a designated floodplain and the applicant has applied for and
has been conditionally approved for a Flood Hazard Development Permit.
Commissioner Lawley asked to clarify the haul route because Ms. Hansen said that 20% of the traffic will
be going west and the applicant said that they will not be traveling west out of the facility. Ms. Hansen
said that it is part of the improvements agreement negotiation and goes before the Board of County
Commissioners for approval.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Drew Damiano, United Water and Sanitation District, stated that they are proposing a water depot for the
use of oil and gas support. This site is approximately 500 feet from the nearest residence. They do have
a well that they test pumped in this area for approximately 48 hours at 3,000 gallons per minute and saw
it drawdown from anywhere between 0 to 10 inches. Mr. Damiano provided a visual slide of the
designated haul route and stated that they will try to force the truck traffic to go east on County Road 380
to the paved County Road 69 roadway.
Mr. Damiano said that they did reply to the referral agency and surrounding property owner comments.
He said that at the maximum they could fill 12 trucks per hour in the future. The water depot will be open
24 hours a day but it is anticipated that the majority of the trucks will use the water depot during the day.
The traffic will come in the west entrance and will turn east away from the residences to help mitigate the
lights shining in the homes to the west. Commissioner Maxey asked if they have considered putting any
opaque screening on the west side. Mr. Damiano said that they would consider that to further protect the
residences.
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