HomeMy WebLinkAbout20132808.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0041, 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 AND STORAGE UPLOAD FACILITY AND
TRUCK TANKER WASHOUT FACILITY) IN THE A (AGRICULTURAL) ZONE
DISTRICT - UNITED SURFACE AND MINERALS, LLC, C/O SELECT ENERGY
SERVICES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 9th day of
October, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of United Surface and Minerals, LLC, P.O. Box 170, Gainesville, TX
76240, do Select Energy Services, 3031 1st Avenue, Greeley, CO 80631, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0041, 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 and storage upload
facility and truck tanker washout facility) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
N1/2 NW1/4 of Section 35, Township 8 North,
Range 60 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Jim Gutter, 3031 1st
Avenue, Greeley, Colorado 80631, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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1) Section 22-4-140.A (EP.Goal 1) states: "Encourage the
minimization of mineral resource exploration and production waste
and require the safe disposal of it;"
2) Section 22-4-140.A.1 (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.
3) 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.
4) Section 22-4-140.B (EP.Goal 2) states: "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 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.2 of the Weld County Code provides for Mineral
Resource Development Facilities, including Oil and Gas Support
and Facility (a Class II Oilfield Waste Disposal Facility - saltwater
injection; water recycling and a water supply and storage upload
facility and truck tanker washout facility) as a Use by Special
Review in the A (Agricultural) Zone District.
C. Section 23-2-230.8.3 -- 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 six (6) property owners
within 500 feet of this proposed facility. There is one (1) residence in the
general area with the nearest residence approximately 1.5 miles to the
south and the second nearest residence more than two (2) miles from the
site. Staff has not received any letters, telephone calls, or electronic mail
from adjacent or surrounding property owners or interested persons.
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Conditions of Approval and Development Standards will ensure that this
use will be compatible with surrounding land uses.
D. Section 23-2-230.B.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.
E. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County -wide Road Impact Fee, County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.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 (CR) 105, with the
residual lands maintained for dryland agricultural production and grazing.
G. Section 23-2-230.B.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 the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of United Surface and Minerals, LLC, c/o Select
Energy Services, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0041, 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 and storage upload facility and truck tanker washout facility) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the USR plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the USR plat shall be labeled USR13-0041.
2) The USR plat shall be prepared per Section 23-2-260.D of the
Weld County Code.
3) The attached Development Standards.
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4) CR 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.
5) CR 105 is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at
full buildout. There is presently 60 feet of right-of-way. An
additional 10 feet shall be delineated on the plat as future CR
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.
6) The applicant shall 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.
7) Areas used for storage or trash collection shall be screened from
adjacent properties and public rights -of -way. These areas shall be
designed and used in a manner that will prevent trash from being
scattered by wind or animals. The applicant shall delineate the
trash collection areas.
8) Should exterior lighting be a part of this facility, all light standards
shall be delineated on the USR plat.
B. An offsite improvements agreement is required for this site. Road
maintenance, including dust control, damage repair and triggers for
improvement will be included.
C. 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.
D. 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.
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E. The applicant shall submit a Groundwater Monitoring Plan to the Weld
County 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.
F. The facility shall post financial assurance with the Colorado Oil and 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.
G. A Detailed Closure Plan shall be submitted to the WCDPHE 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.
H. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file
may be sent to maps@co.weld.co.us.
4. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the plat not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period.
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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.
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.
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.
6. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
B. A Right -Of -Way Permit is required for any work within the public
right-of-way.
C. A Special Transport Permit is required for any over size or over weight
vehicles.
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.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UNITED SURFACE AND MINERALS, LLC, CIO SELECT ENERGY SERVICES
USR13-0041
1. The Site Specific Development Plan and Use by Special Review Permit, USR13-0041, is
for Mineral Resource Development Facilities, including Oil and Gas Support Facility
(Class II Oilfield Waste Disposal Facility - saltwater injection facility, water recycling and
a water supply and 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Only Class II Exploration and 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 Use by Special Review Permit.
4. Prior to construction of the recycling facility, the owner/operator must submit an
Engineered Design and Operations Plan and Recycling Designation Request for the
produced water/flowback wastewater recycling operations to the Colorado Department
of Public Health and Environment (CDPHE) Hazardous Materials and Waste
Management Division's Solid Waste Unit and the Weld County Department of Public
Health and Environment (WCDPHE), 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.
5. Recycling operations must receive and maintain designation as a recycling facility from
the CDPHE to accept Exploration and 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 by Special Review Permit and a Certificate of Designation.
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 and production wastewater (produced water/flowback water) recycled. This
annual report shall be copied to the WCDPHE.
7. Analytical data on wastes and environmental monitoring data shall be made available to
WCDPHE, which reserves the right to require additional more extensive monitoring.
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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.
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
frequency that prevents oil and other waste from building up on the pad. During winter
months, the pad shall be maintained free of ice.
10. Any required Spill Prevention Control and Countermeasures (SPCC) Plans shall be
prepared and maintained on -site per 40 CFR 112.
11. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
12. The maximum permissible noise level shall not exceed 70 dBA, measured in accordance
with Section 25-12-103, C.R.S.
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.
14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5) shall be stored, treated, and removed for final disposal in a
manner that protects against surface and groundwater contamination.
15. The facility shall comply with the approved groundwater monitoring plan.
16. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site.
17. The facility shall provide adequate drinking water, hand washing, and toilet facilities.
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.
19. Any 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.
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, and submitted to
the Department of Planning Services.
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21. 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.
22. The historical flow patterns and runoff amounts will be maintained on the site.
23. Weld County is not responsible for the maintenance of on -site drainage related features.
24. There shall be no parking or staging of vehicles on County roads. On -site parking shall
be utilized.
25. Any lighting, including light from high temperature processes such as welding or
combustion, shall be designed, located and operated in such a 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.
26. Hours of operation are twenty-four (24) hours each day, seven (7) days per week, 365
days per year.
27. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
28. Building Permits issued on the proposed lot will be required to adhere to the fee
structure of the County -wide Road Impact Fee, County Facility Fee and Drainage Impact
Fee Programs.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. 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.
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32. 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.
33. 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.
34. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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Weld County Clerk to the Board
SPECIAL REVIEW PERMIT (USR13-0041) - UNITED SURFACE AND MINERALS, LLC, CIO
SELECT ENERGY SERVICES
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of October, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CQ1JNTY, COLORADO
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
BY:
Deputy
ounty Attorney
Kirkmeyer
OCT 2 2 2013
Date of signature:
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