HomeMy WebLinkAbout20123698.tiff 1861 -2011
WE o w r Y LAND USE APPLICATION
t t SUMMARY SHEET
Case Number: MUSR11-0004 Hearing Date: Director Approval
Applicant: High Sierra Water Services, do Doug White
Site Address: 13159 County Road 39, Platteville, Colorado 80651
Request: A Minor Amendment to a Site Specific Development Plan and Special Review
Permit for an Oil and Gas Support Facility Oil and Gas Support Facility (Class II
Oilfield Waste Disposal Facility- Saltwater Injection Facility and a water recycling
facility), to include the addition of a one storage building, one oil separator and
sixteen (16) new 660 barrel tanks to the existing oil and gas support operation.
Further, truck trips from the site will be 120 round trips and hours of operation for
all components of this facility will be 24 hours each day, in the A (Agricultural)
Zone District
Legal Description: Lot A, Recorded Exemption No. 4612; being part of the S2 SE4 of Section 30,
Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 39; approximately 2 miles south of County
Road 32
Size of Parcel: +1-34.5 Acres Parcel Number: 1213-30-4-00-015
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
Without Comments:
S Zoning Compliance referral dated December 16, 2011
With Comments:
$ Weld County Department of Building Inspection, referral dated December 16, 2011
$ Platteville-Gilcrest Fire Protection District, referral dated December 17, 2011
$ Weld County Department of Public Works, referral dated January 5, 2012
S Weld County Department of Public Health and Environment, referral dated January 13, 2012
• The following agencies have not responded:
$ Colorado Division of Water Resources
pLIs$
Abia 3401%
1861 -2011 SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
W E L c U N T Y
uO
Planner: Kim Ogle
Case Number: MUSR11-0004 Hearing Date: Director Approval
Applicant: High Sierra Water Services, do Doug White
Site Address: 13159 County Road 39, Platteville, Colorado 80651
Request: A Minor Amendment to a Site Specific Development Plan and Special Review
Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal
Facility - Saltwater Injection Facility and a water recycling facility), to include the
addition of a one storage building, one oil separator and sixteen (16) new 660
barrel tanks to the existing oil and gas support operation. Further, truck trips
from the site will be 120 round trips and hours of operation for all components of
this facility will be 24 hours each day, in the A (Agricultural) Zone District
Legal Description: Lot A, Recorded Exemption No. 4612; being part of the S2 SE4 of Section 30,
Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 39; approximately 2 miles south of County
Road 32
Size of Parcel: +/- 34.5 Acres Parcel Number. 1213-30-4-00-015
THE DEPARTMENT OF PLANNING SERVICES' DIRECTOR APPROVES THIS APPLICATION FOR
THE FOLLOWING REASONS:
1. The proposed change(s) will be compatible with existing and allowed uses in the surrounding
area and be in harmony with the neighborhood. The facility has been operating from this location
since April 2007, and has incrementally added additional buildings including the recycled water
depot. The surrounding property to the north, south, east and west are zoned Agricultural (A) and
are primarily utilized for large tract agricultural uses, further, the site is not located within three
miles of a municipality and is generally located in an area with Industrial activities, e.g., County
Road 39 is utilized for truck traffic for the nearby dairy. oil and gas facilities and existing
commercial and industrial facilities all permitted under an Use by Special Review Permits.
[(North) SUP-243 unknown number Turkey Farm; (East) USR-1201, 6000 head Dairy; (South)
SUP-128 fora 100,000 head Turkey Farm, USR-1311 Salvage Yard, AmUSR-1232 Commercial
Junkyard, 3f°AmUSR-842 Tire Mountain, and AmSPR-297, Patina E+P Waste Facility].
2. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter
22 of the Weld County Code.
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 two-fold, first as a Class II
Brinewater Injection Well and second, as a brinewater recycled water facility.
Section 22-4-140.B. EP.Goal 2. Mineral resource exploration and production waste facilities
should be planned, located, designed and operated to encourage compatibility with surrounding
land uses in terms of items such as general use, scale, height, traffic, dust, noise and visual
pollution. This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and county.
Section 22-2-20.B.2 A.Policy 2.2 states: "Allow commercial and industrial uses, which are directly
related to or dependent upon agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate services and infrastructure
are currently available or reasonably obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of agricultural land from production."
The site is Lot A of Recorded Exemption No. RE-4612 which consists of approximately 34.5
acres on lands designated on the U.S.D.A. Soils Maps of Prime Farmlands of Weld County dated
1979 indicate as "other land". There is a commercial well on the parcel, Well Permit#272956 and
an approved Septic Permit No. SP-0700035; the surrounding properties are primarily rangeland
and grazing lands with sparsely located single family homes, with the nearest occupied residence
approximately 1000 feet to the North of the facility.
3. The proposed change(s) will not result in a substantial adverse impact on the other property in
the vicinity of the subject property. Property owners within 500-feet were notified of the requested
amendment and two responses were received. Phyllis Camp, adjacent property owner to the
south and west and Roy Wardell, adjacent property owner to the East inquired as to the
amendment. In both instances, a description was provided and staff has not had a return
telephone call or email concerning this project. Staff further met Mr. Wardell and his ranch
manager, Juan Loya, and Jim Goddard, Dave Gage, Doug White with High Sierra Water Services
on site on Monday February 13, 2012 to discuss the current and expansion of the operation.
Previous to this meeting staff provided Mr. Wardell with plans associated with the two permits
(USR-1604 and MUSR11-0004). Messrs. Wardell and Loya were interested in the facility and
requested High Sierra Water Services to address a growing prairie dog issue on the south
property line. Mr. White indicated that this issue will be resolved in a timely manner.
4. The recommendations of the referral agencies have been considered.
A. Comments from Environmental Health in their referral dated January 13, 2012 identified
three areas for amendment including specific requirements "Prior to Release of Building
Permits", "Prior to Tank Construction" and "Prior to Operation", further two Development
Standards addressing chemicals stored on site and liquid wastes received will have
updated language.
B. Comments from the Building Department in their referral dated December 16, 2011
includes updated language for inclusion in the Development Standards and also under
the heading of"Prior to Release of Building Permits".
C. Comments from the Department of Public Works in their referral dated January 5, 2012
identified two items to be submitted: Show the approved access on the plat and label it
with the approved access permit number (AP#). This will be provided when a revised
application form is received: and a water quality capture feature (WQCF) is required on
site. The area can be in an existing onsite low point that will capture the storm water and
hold contaminants. Contact the Public Works Department for sizing of your feature.
5. Not deemed to be a major change.
An informal general information meeting on May 24, 2011 with Conquest Water Services and
High Sierra Water Services, LLC, followed by a letter dated May 27, 2011 outlining future plans
for the facility was requested. Environmental Health and Planning Staff met again with the
applicant and consultant on July 14, 2011, at this meeting staff requested an updated plan and
submittal of a Minor Amendment application for USR-1604 to bring the current level of activities
up to date and to address technological upgrades associated with the facility due in part to the
acquisition of the Conquest Water Services facility by High Sierra Water Services LLC.
6. Must be consistent with the original development standards.
The proposed technological and facility upgrades to the existing permitted Oil and Gas Support
Facility (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and a water recycling
facility) in the A (Agricultural) Zone District is consistent with USR-1604. Environmental Health is
requesting two minor language amendments to Development Standards no. 11 and 13.
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 plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled MUSR11-0004. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
D. Add the following signature block:
This minor amendment plat is accepted and approved by the Department of Planning Services for filing.
Director, Department of Planning Services
State of Colorado )
ss.
County of Weld
The foregoing certification was acknowledged before me this day of
, 20
My commission expires
Witness my hand and Seal.
Notary Public
E. Add the following signature block:
PROPERTY OWNER'S CERTIFICATION
The undersigned major property owner(s) do hereby agree to the Minor
Amendment of the Site Specific Development Plan and Use by Special Review
Standards as described hereon this day of
2012.
2. Prior to Recording the Plat:
A. Comments from the Department of Public Works in their referral dated January 5, 2012
identified two items that we would like to have added to the plat drawing prior to recording
the MUSR11-0004 plat.
1. Show the approved access on the plat and label it with the approved access
permit number(AP#).
2. A water quality capture feature (WQCF) is required on site. The area can be in
an existing onsite low point that will capture the storm water and hold
contaminants. Contact the Public works Department for sizing of your feature.
B. Comments from the Platteville/ Gilcrest Fire Protection District in their referral dated
December 17, 2011 indicated a request to meet with representatives of High Sierra
Water Services, LLC concerning the proposed development. It is the understanding of
this office that these discussions have commenced and are on-going.
3. Prior to Release of Building Permits:
A. A Building permits application must be completed and two complete sets of plans,
including engineered foundation plans bearing a wet stamp of a Colorado registered
architect or engineer must be submitted for review. A geotechnical engineering report
performed by a registered State of Colorado engineer shall be required. (Department of
Building Inspection)
B. Buildings 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: 2006 International Building Code; 2006 International Mechanical Code; 2006
International Plumbing Code: 2006 International Energy Code; 2006 International Fuel
Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code. (Department of Building Inspection)
C. Building height shall be measured in accordance with the 2006 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements are measured to
the farthest projection from the building. (Department of Building Inspection)
D. Detailed plans for the concrete secondary containment structures for all storage and
processing tanks shall be submitted. Secondary containment volume shall provide
containment for the entire contents of the largest single tank plus sufficient freeboard to
allow for precipitation. (Department of Public Health and Environment)
3. Prior to construction
A. High Sierra Water Services, LLC shall update and amend an Air Pollutant Emission
Notice to include the additional tanks, additional throughput, and additional emissions
points as required. See attached Draft Construction Permit. See Departments e-mail
regarding hydrochloric acid (HCI) emissions from HCI storage tanks scrubbers, dated
August 24, 2011. (Department of Public Health and Environment)
4. Prior to Operation
A. High Sierra Water Services, LLC shall update their SPCC Plans and update their
recycling facility registration with the CDPHE Hazardous Materials and Waste
Management Division's Solid Waste Unit (water treatment plans, process information,
and tank layout) as required. See attached letter from CDPHE, Dated July 22, 2011.
(Department of Public Health and Environment)
5. Upon completion of 1. above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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 shall be submitted within sixty (60) days from the date of approval by the Department of
Planning Services Director. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
6. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat
not be recorded within the required sixty (60) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional
3 month period. (Department of Planning Services)
7. 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 dhuerterco.weld.co.us. (Department of Planning Services)
8. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HIGH SIERRA WATER SERVICES
MUSR11-0004
1. A_Minor Amendment to a Site Specific Development Plan and Special Review Permit for an Oil
and Gas Support Facility (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility
and a water recycling facility), to include the addition of a one storage building, one oil separator
and sixteen (16) new 660 barrel tanks to the existing oil and gas support operation. Further, truck
trips from the site will be 120 round trips and hours of operation for all components of this facility
will be 24 hours each day, in the A (Agricultural) Zone District, 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. (Department of Planning Services)
3. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. (Department of Public Health and Environment)
4. A manager, knowledgeable in operating an injection well, shall be on site when the facility is
receiving waste. (Department of Public Health and Environment)
5. A safe and adequate sewage disposal system shall be available on the facility premises.
(Department of Public Health and Environment)
6. A safe and adequate fresh water supply [Well Permit number 272956] shall be available on the
facility premises. (Department of Public Health and Environment)
7. No disposal of waste other than Class II, as defined by the Environmental Protection Agency, is
permitted. Any changes from the approved Class II use would require an amendment to this
Special Review permit. (Department of Public Health and Environment)
8. Any wastes generated on the facility shall be disposed in accordance with the Colorado solid
Waste Act, Section 30-20-100.5, C.R.S., or other appropriate rule, regulation, or law. (Department
of Public Health and Environment)
9. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A), as
measured according to Section 25-12-102, CRS. (Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (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 facility shall comply with any required air emissions permit from the Air Pollution Control
Division, Colorado Department of Public Health and Environment. (Department of Public Health
and Environment)
13. All liquid wastes received at the facility shall be unloaded on the unloading pad. The concrete
unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building
up on the pad. During winter months, the facility shall maintain the unloading pad free of ice.
(Department of Public Health and Environment)
MUSR11-0004 HIGH SIERRA WATER SERVICES, LLC PAGE 7
14. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental
Health Services Division. The Division reserves the right to require additional, more extensive
monitoring at a later date. (Department of Public Health and Environment)
15. The facility must comply with the laws, standards, rules and regulations of the Air Quality Control
Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste
Division, the Colorado Oil and Gas Conservation Commission, any other applicable agency, and
all applicable Weld County Code. (Department of Public Health and Environment)
16. Any liquid or solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
17. Any petroleum-contaminated soils on the facility shall be removed, treated or disposed in
accordance with all applicable rules and regulations. (Department of Public Health and
Environment)
18. 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
Public Health and Environment)
19. The facility shall comply with the approved groundwater monitoring plan. (Department of Public
Health and Environment)
20. All storm water, which has come into contact with waste materials on the site, shall be confined
on the site. In the event that storm water is not adequately controlled on the site, upon written
notification from the Weld County Department of Public Health and Environment or the Colorado
Department of Public Health and Environment, a comprehensive site-wide storm water plan shall
be developed and implemented. The plan must be approved, in writing prior to implementation
by the Weld County Department of Public Health and Environment and the Colorado Department
of Public Health and Environment. (Department of Public Health and Environment)
21. All contaminated soils shall be stored on an impervious surface where any stormwater that comes
into contact with the soils would be contained. (Department of Public Health and Environment)
22. A permitted individual sewage disposal system shall be installed to serve the facility. In
accordance with the Weld County ISDS Regulations, the system must be designed by a
registered professional engineer. The design must be submitted to the Weld County Department
of Public Health and Environment for review and approval prior to installation. (Department of
Public Health and Environment)
23. Access to the site shall be from County Road 39. The designated haul route shall be on County
Road with the agreement 1 mile north on County Road 39 and extending 1 mile east on County
Road 28. Transport trucks weighing up to 40 tons will visit the site approximately-60-70 120_
times daily and less on weekends. (Department of Public Works)
24. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. There is an existing concrete
loading pad. Utilize the existing access and departure points. (Department of Planning
Services)
25. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
MUSR11-0004 HIGH SIERRA WATER SERVICES, LLC PAGE 8
26. All structures shall require building permits. (Department of Building Inspection)
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. 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)
28. Hours of operation, are twenty-fours (24) a day, as stated in the application materials.
(Department of Planning Services)
29. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of
Planning Services)
30. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
(Department of Planning Services)
31. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
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 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
MUSR11-0004 HIGH SIERRA WATER SERVICES, LLC PAGE 9
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 power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
MUSR11-0004 HIGH SIERRA WATER SERVICES, LLC PAGE 10
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED.
RECEIPT/AMOUNT# 1$ CASE#ASSIGNED.
APPLICATION RECEIVED BY PLANNER ASSIGNED-
Parcel Number: 1213 30 400015
Legal Description. Lot A RE-4612 being part of the S2 SE4 Section 30,Township 3 Range 65 West of the 6`"
P.M., Weld County. Colorado
Zone District Agricultural Total Acreage 34 5 Flood Plain no Geological Hazard: no
Airport Overlay District. no
FEE OWNER(S) OF THE PROPERTY.
Name High Sierra Water Services. LLC
Work Phone#: 303-815-1010
Address 3773 Cherry Creek North Drive, Suite 1000
Denver, CO 80209
APPLICANT OR AUTHORIZED AGENT:
Name. Doug White
Phone#: 970-356-5560 Email Address. dwhite@highsierraenergy corn
Address 8207 West 20m Street. Suite B
Greeley, CO 80634
PROPOSED AMENDMENT.
We are requesting to add a storage building, an oil separator and 16 new 660 barrel tanks to the existing oil and gas
support operation Further. truck tnps from the site will be 120 round tnps per day and hours for acceptance of waste
water will be 24 hours per day
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or
contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of
property must sign this application If an Authorized Agent signs, a letter of authonzation from all fee owners must be
included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the
signatory has the legal authority to sign for the corpora4on
,-Si a er or Authorized Agent Date Signature Owner or Authorized Agent Date
SIGNATURE PAGE AND ACCEPTANCE OF AUTHORIZED AGENT
The undersigned accepts his appointment as Authorized Agent for High Sierra Water Services, LLC(A
Wholly Owned Subsidiary of High Sierra Water Holdings, LLC).
Date:_ ei., ,-/2_ZO 1j
Authorized Agent:
//IA-
oug as W.White
Vice President
High Sierra Water Services, LLC
By: James F.Winter
e;;tedai.
gnature)
Vice President, High Sierra Water Holdings, LLC
Address: 3773 Cherry Creek Drive North
Suite 1000
Denver,CO 80209
Subscribed and sworn to before me this I .."-‘ day of December, 2011 by James F.Winter,Vice
President, High Sierra Water Holdings, LLC.
``' ' •
\t. �h Witness my hand and official seal.
-Z51 4
My commission expires: (L(CL J 1'1 L (
1 <� C. ° `,.I .
•, .
- ,j ) L. C_. L 1 -'l LC. CUIJ.
Notary Public
MINOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW(USR) QUESTIONNAIRE
1. Explain,in detail,the proposed amendment to the property.
High Sierra Water Services, LLC operates a salt water injection and water recycling facility from
the site. We are applying for an amendment in order to add a storage building, an oil separator
and 16 tanks that will retain 660 barrels each. We are also requesting a maximum of 120 truck
trips (round trips) from the site daily. The plat has been updated to show the proposed additions
as well as changes that have occurred since the approval of the original Use by Special Review
permit.
2. Explain how this proposal is consistent with the intent of the Comprehensive Plan
pursuant to Chapter 22 of the Weld County Code .
The proposal is consistent with Weld County's Comprehensive Plan.
3 What type of uses surround the site? Explain how the proposed use is consistent and
compatible with surrounding land uses.
The surrounding properties are pasture land. The nearest residence is a mobile home which lies
over 1000 feet from the north property line. Within a mile to the south are Tire Mountain and an
abandoned Butterball turkey farm.
4.a. Number of people who will use this site.
Between 20 and 30 different drivers will visit the site daily.
4.b. Number of employees proposed to be employed at this site.
We normally have two employees on site when trucks are being accepted. One employee is on
site at all times when the pumps are operating.
4 c. Hours of operation.
The facility will operate and accept waste water 24 hours per day, 7 days per week, 365 days per
year. The pump may run 24 hours per day if necessary.
4.d. Type and number of structures to be erected (built)on this site.
We are proposing to add a 15,000 s.f storage building, one oil separator and 16 tanks sized for
660 barrels each.
4.e. Type and number of animals,if any,to be on this site.
No animals will be housed on the site.
5.f. Kind of vehicles(type,size,weight)that will access this site and how often.
Transport tucks weighing up to forty(40) tons will visit the site for up to 120 round trips per day.
5.g. Who will provide fire protection to the site.
Platteville/Gilcrest Fire Protection District in Platteville.
5.h. Water source on the property(both domestic and irrigation).
A commercial water well (permit#272956) provides water for the property.
5.1. Sewage disposal system on the property (existing and proposed).
The existing office has restroom facilities.
5.j. If storage or warehousing is proposed what type of items will be stored.
The only items stored at the facility are filters and chemicals which are used to treat the water
before injection; these chemicals are stored on site in accordance with the manufacturers'
recommendations.
5.k. Explain how the storm water drainage will be handled on the site.
A storm water drainage plan was previously approved No changes should be required.
5.1. Explain where storage and/or stockpile of wastes will occur on this site.
Waste from the disposal process is a direct result of water filtration. This waste (bacterial residue
and particulates) is stored and transported to an approved waste disposal site. Any other waste
material is disposed by the use of trash bins and hauled away on an as-needed bases.
��,0 CaU4� Weld County Public Works Dept.
$. - 1111H Street ACCESS PERMIT
P.O. Box 758 APPLICATION FORM
' CO 80632
G� Q1/4
Greeley,
IC WC) Phone: (970)304-6496
Fax: (970)304-6497
Applicant Property Owner(If different than Applicant)
Name Doug White Name
Company High Sierra Water Services, LLC Address
Address 3773 Cherry Creek North Drive, Suite 1000 City State Zip
City Denver State CO Zip 80209 Phone
Business Phone (303)815-1010 Fax
Fax (970) 356-5563 E-mail
E-mail dwhite@highsierraenergy.com ♦= Existing Access A= Proposed Access
Parcel Location&Sketch
The access is on WCR 39
Nearest Intersection:WCR 39 &WCR 28 wcR 30
Distance from Intersection 720'
Parcel Number 1213 39 499915
Section/Township/Range 30-3-65 T c
Is there an existing access to the property? YES N , !
Number of Existing Accesses One 1
Road Surface Type&Construction Information
Asphalt Gravel Treated Other WCR 28
Culvert Size&Type
Materials used to construct Access
Construction Start Date Finish Date
Proposed Use
❑ Temporary(Tracking Pad Required)/$75 Single Residential/$75 o industrial/$150
o Small Commercial or Oil&Gas/$75 o Large Commercial/$150 o Subdivision/$150
o Field(Agriculture Only)/Exempt
Is this access associated with a Planning Process? c No pp 1-SR o RE o PUD o Other
Required Attached Documents
-Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left, Right,&into the access)
By accepting this permit,the undersigned Applicant,under penalty of perjury,verifies that they have received all pages of the permit
application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the
authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws
regarding facilities c ction. J/ ,,,/
Signature • v � Printed Name,{ 4c 4S r�' /P Date /0/911
Approval' r Denial issued in minimum of 5 days. Approved by
Form No. OFFICE OF THE STATE ENGINEER
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg.. 1313 Sherman St.,Denver,Colorado 80203
(303)866-3581 1397
WELL PERMIT NUMBER 272956__ - -
DIV. 1 WD2 DES. BASIN MD
APPLICANT
APPROVED WELL LOCATION
WELD COUNTY
SE 1/4 SE 114 Section 30
CONQUEST DISPOSAL SERVICE Township 3 N Range 65 W Sixth P.M.
8203 W 20TH STREET STE A DISTANCES FROM SECTION LINES
GREELEY,CO 60634- -1174904. Ft. from South Section Line
45411 AZ Ft. from East Section Line
(970) 156-5560 UTM COORDINATES LMeters,Zone.13,NAD83)
PERMIT TO CONSTRUCT A WELL Eastingi Northing
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS QF APPROVAL
1) This well shall be used in such a way as to cause no matenal injury to existing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a cent court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has
been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule ta.
3) Approved pursuant to CRS 37-92-602(3)(b)(I)and the policy of the State Engineer dated 4/23/86 under the following conditions.
4) The use of ground water from this well is limited to drinking and sanitary facilities as described in CRS 37-92-602(1)(c),for a commercial
business Water from this well shall not be used for lawn or landscape irrigation or for any other purpose outside the business building structure.
5) Production from this well rs restricted to the Laramie Fox Hills aquifer.which corresponds to the interval between.29Qfeet andblyfeet below
the ground surface, Plain casing shall be installed and grouted to prevent production from other zones 280 605
6) The depth to the top of the Laramie--Fox Hills aquifer is approximate. To ensure the exclusion of poor quality water from zones immediately
above the aquifer,plain casing and grout shall extend through the lowermost coal and/or carbonaceous shale Mat overlies the Laramie sand
portion of the aquifer
7) The pumping rate of this well shall not exceed 15 GPM.
8) The annual amount of ground water to be withdrawn shall not exceed 0.33 acre-feet(108.600 gallons),as applied for.
9) Approved as the only well on a tract of land of 80.00 acre(s)described as the S 1/2 of the SE 1/4,Sec.30,Twp.3 North,Range 65 West,6th
P.M..Weld County,reference attached exhibit-A-.
10) The return flow from the use of this well must be through an individual waste water disposal system of the type so that not less than 2%of the
total amount of water withdrawn is returned to the same stream system in which the well is located.
11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner(recorded at least annually)and submitted to the Division Engineer upon request.
1?) This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE:To ensure a maximum productive fife of this well,perforated casing should be set through the entire product erval of the
approved zone or aquifer indicated above
Well location and aquifer interval amended based on information from the applicant- BC!
APPROVED
JLV
State Engineer By
Receipt No.3612977 DATE ISSUED 03-12-2007 PIRAT N DATE -12-2009
Weld County Env ,nmental Health Services Department
,at4; 1555 N. 17th Avenue
Greeley, CO 80631
NBC
Phone: (970) 304-6410
Septic Permit - Final Fax: (970) 304-6411
www.co.weld.co.us
Application Number: SP-0700035 Status: Ready to Final
App Type: Health\Commercial\New\Septic Applied: 02/28/2007
Applicant Name: JIM GODDARD Issued: 3/27/2907
CONQUEST OIL COMPANY Finaled: 1/ii 1 C r'7
8203 W 20TH ST #A I
GREELEY, CO 80634
Owner Name: MARCUM MIDSTREAM 1995-2 BUSINESS TRUS
Parcel #: 121330400014-R6806796
Legal Desc: S2 SE4 30 3 65 (1R) SITUS WELD 0
Site Address: TBD
Apo Specific Info:
1/2 Bathrooms 2
3/4 Bathrooms 1
Application Date 02/28/2007
Associated Building Permit
Associated Building Permit Number
Basement Plumbing No
Full Bathrooms 0
Location Description TBD WCR 39 AND WCR 28 N ON WCR 39
Number of Bedrooms 0
Number of Persons 17
Other Water Supply Utility
Parcel Acres 35
Private Water Supply Well
Private Water Supply Permit Reference PENDING
Number
Public Water Supply No
Public Water Supply Utility
Repair Reason Type
Septic Permit Expiration Date 02/28/2008
Waive Fees No
Waive Fees Comment
Year Installed
EHS Perc Test(Site):
Engineer Design Required Yes
Engineer Evaluation Received Yes
Engineer Job Number 06-1196
Engineer Letter Received No
Ground Slope 2
In 100 Year Flood Plain No
Limiting Zone Feet 8
Limiting Zone Inches 0
Limiting Zone Qualifier
Percolation Rate Qualifier Equal To
Percolation Rate Value 35
Slope Direction SE
Soil Description
Soil Type Suitable Yes
Variance Required No
f utbr!lt by Etttatl
trtTh Weld County Referral
,I. December 16, 2011
COLORADO
� �
The Weld County Department of Planning Services has received the following item for review:
Applicant: High Sierra Water Services, LLC Case Number: MUSR11-0004
Please Reply By: January 13, 2012 Planner: Kim Ogle
Project: A MINOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW PERMIT NO. 1604 FOR AN OIL AND GAS SUPPORT FACILITY (CLASS II
OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY AND WATER
RECYCLING FACILITY) IN THE A(AGRICULTURAL)ZONE DISTRICT.
AMENDMENT INCLUDES THE ADDITION OF A 15,000 SF STORAGE BUILDING, ONE OIL
SEPARATOR AND SIXTEEN (16)660 BARREL TANKS. ADDITIONALLY THE NUMBER OF ROUND
TRIP TRUCK TRIPS TO THE FACILTY WILL INCREASE TO 120 PER DAY AND THE FACILITY WILL
OPERATE 24 HOURS PER DAY.
Location: WEST OF AND ADJACENT TO COUNTY ROAD 39;APPROXIMATELY 2 MILES SOUTH
OF COUNTY ROAD 32.
Parcel Number: 121330400015-R5257408 Legal: PT S2SE4 SECTION 30, T3N, R65W LOT A REC
EXEMPT RE-4612 of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services, If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
✓ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments: Upon review of my case files and computer under the above name and/or parcel number, no violations were
noted.
Signature Bethany Salzman Date 12/16/2011
Agency Zoning Compliance Officer
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax
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I11111111111 HIM 11 IIII ILIA 111111 11111 III Iilll Illl llll
726 3772726 06/07/2011 03:48P Weld County, CO
1 of 2 R 16.00 D 400.00 Steve Moreno Clerk& Recorder
SPECIAL.N ARRANT1'DEED
THIS DEED, dated June 1, 2011 between Marcum Midstream 1995-2 I
Business Trust, a Delaware statutory business trust of the County of i
Weld and State of Colorado, grantor, and High Sierra Water Services,
11C, a Colorado limited liability company, duly organized and existing
under and by virtue of the laws of the State of Colorado, grantee,
whose legal address is 3773 Cherry Creek Drive North, Suite 1000,
Denver, CO 80209,grantee.
WITNESS, that the grantor, for and in consideration of the sum of 510.00 and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted,
bargained, sold and conveyed, and by these presents does grant, bargain, sell,convey and confirm unto
the grantee,its successors and assigns forever, all the real property,together with improvements, if any,
situate, lying and being in the County of Weld and State of Colorado,described as follows:
LOTS A AND B, RECORDED EXEMPTION NO 1213-30-4 RE 4612, RECORDED MARCH 12, 2008 AT
RECEPTION NO 3541173. BEING LOCATED IN THE S 1/2 OF THE SE 1/4 OF SECTION 30,
TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M ,COUNTY OF WELD, STATE OF
COLORADO
also known by street and number as: 13159 WCR 39 Platteville,CO 80651
assessor's schedule or parcel number: Parcel 3
•
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining,the reversion and reversions, remainder and remainders, rents, issues and profits
thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,
unto the grantee, its successors and assigns forever. The grantor, for itself, its successors and assigns,
does covenant, grant, bargain, and agree to and with the grantee, its successors and assigns,that at the
time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed,
has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and
form as aforesaid,and that the same are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances anc restrictions of whatever kind arising by, through or under
grantor, but not otherwise. The grantor shall and will WARRANT AND FOREVER DEFEND the above
bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns,
against all and every person or persons lawfully claiming the whole or any part thereof by, through or
under grantor. ,
The singular number shall include the plural,the plural the singular,and the use of any gender shall
• be applicable to all genders.
IN WITNESS WHEREOF,the grantorgrantor,b4s.executed this deed on the date set forth above.
Peken iL r� VuPh ": # eastc,oFS�Y
3
fie Iwo
� V GO 1502461
11111 10111 1111 1111 III 11111!III Illl
3772726 06/0712011 03:48P Weld County, CO
2 of 2 R 16.00 0 400.00 Steve Moreno Clerk& Recorder
Marcum Midstream 1995-2 Business Trust
By:Y
Name: Dale S. Bu per
Title: President
STATE OF COLORADO
County of Weld DCJ'-64—
The foregoing instrument was acknowledged before me this l day of June 2011,
by Dale S.Butcher as President of Marcum Midstream 1995-2 Business Trust.
• 0 F2 Witness my hand and official seal.
r:: NADTA!?
My commission expires: S !Go—
:
-
. PJ C 01 •
•
'1
� 'Cn E.wef
Notary PubNt
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
THE UNDERSIGNED. States that to the best of his or her knowledge the attached list is a true and accurate list of
the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor
of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was
compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,
http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld
zevebCounty Assessor was assembled within thirty days of the applications submissio date.
Signature
801/
Date
Property Owners Within 500 ft. of Parcel # 1 21 33040001 5
Account Parcel Owner Mailing Address
M1113599 121330400013 BRUNSON KEVIN 13471 CR 39
PLATTEVILLE CO 80651
M1177100 121330400013 BRUNSON KEVIN 13471 CR 39
PLATTEVILLE CO 80651
R6806596 121330400013 BRUNSON KEVIN S 13471 CR 39
PLATTEVILLE CO 80651
•
M1177100 121330400013 BRUNSON NANCY
M1113599 121330400013 BRUNSON NANCY HILTY '
R4957686 121332000004 BUTTERBALL LLC 450 N FRONT ST
PLATTEVILLE CO 80651
R5257408 121330400015 HIGH SIERRA WATER 3773 CHERRY CREEK DRIVE NORTH
SERVICES LLC STE 1000
DENVER CO 80209
R5257508 121330400016 HIGH SIERRA WATER 3773 CHERRY CREEK DRIVE NORTH
SERVICES LLC STE 1000
DENVER CO 80209
R6806596 121330400013 HILTY-BRUNSON NANCY
R4957586 121331000003 MRJ CAMP HOLDINGS LLLP C/O MELVIN J CAMP
1/2 INT PO BOX 127
• PLATTEVILLE CO 80651
R4957586 121331000003 NELSON PHYLLIS EDITH
CAMP 1/2 INT
R7900999 121329000007 WARDELL ROY T LIVING 16512 ESSEX RD N
TRI1ST PI ATTFVII I F CO R0SS1
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