Loading...
HomeMy WebLinkAbout20123588.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT, USRI2-0069 (FORMERLY USR-729), FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OIL AND GAS SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY AND ASSOCIATED FACILITIES) IN THE A (AGRICULTURAL) ZONE DISTRICT - LYSTER FAMILY FARMS PARTNERSHIP, CIO HIGH SIERRA WATER 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 19th day of December, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Lyster Family Farms Partnership, c/o High Sierra Water Services, 8207 W. 20th Street, Suite B, Greeley, Colorado 80634, for a Site Specific Development Plan and Amended Use by Special Review Permit, USR12-0069 (formerly USR-729), for a Mineral Resource Development Facility, including Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility and associated facilities) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Subdivision Exemption, SUBX12-0025, being part of Lot B of Recorded Exemption, RE-634, located in the SE1/4 of Section 26, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Doug White, Vice President of High Sierra Water Services, 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. LC60\ 9L v \ RC 2012-3588 -13 PL0038 SPECIAL REVIEW PERMIT (USR12-0069) - LYSTER FAMILY FARMS PARTNERSHIP, C/O HIGH SIERRA WATER SERVICES PAGE 2 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;" and (ERPolicy 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. 2) 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. 3) 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 a four (4) acre leasehold area permitted through SUBX12-0025. B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-230.8.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is bordered by agricultural production to the north, east and south, with the Greeley-Weld Airport located adjacent to the west. The project location is improved with surrounding lands utilized for irrigated production agriculture with many oil and gas facilities in the vicinity. The surrounding properties have the same conditions and there are two residences within 500 feet of the facility, the Lyster Family Home and the Lyster Family Farms rental residence. There are fifteen (15) property owners within 500 feet of this proposed facility. There are eight (8) residences in the general area of the site. Several Conditions of Approval and Development 2012-3588 PL0038 r- SPECIAL REVIEW PERMIT (USR12-0069) - LYSTER FAMILY FARMS PARTNERSHIP, C/O HIGH SIERRA WATER SERVICES PAGE 3 Standards are included to ensure that this use will be compatible with existing surrounding land uses. D. Section 23-2-230.6.4 -- 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 (3) miles of the City of Greeley. The City, in the referral dated October 17, 2012, indicated that the property is within the Long Range Expected Growth Area and within the Greeley-Weld County Airport Area of Influence. E. Section 23-2-230.6.5 -- The site does lie within Overlay Districts. The existing site is within a recognized overlay district, including the Airport Overlay District. The facility is located north of the Critical Flight Zone and within the Airport Influence area. Any vertical improvements to the site should be reviewed by, and subject to the approval of, the airport and potentially the Federal Aviation Administration. The Greeley-Weld County Airport, in the referral dated October 19, 2012, indicated no conflicts with the proposed permit amendment. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-230.6.6 -- 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, indicate the soils on this property as "Prime." G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the 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 Lyster Family Farms Partnership, c/o High Sierra Water Services, for a Site Specific Development Plan and Amended Use by Special Review Permit, USR12-0069 (formerly USR-729), for a Mineral Resource Development Facility, including Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility and associated facilities) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 2012-3588 PL0038 SPECIAL REVIEW PERMIT (USR12-0069) - LYSTER FAMILY FARMS PARTNERSHIP, CIO HIGH SIERRA WATER SERVICES PAGE 4 1. Prior to recording the plat: A. The USR plat shall be prepared per Section 23-2-260.D of the Weld County Code. B. The plat shall be amended to delineate the following: 1) All sheets of the USR plat shall be labeled USR12-0069. 2) The attached Development Standards. 3) The approved Screening Plan, to address the trash dumpster and all outside storage associated with this facility, which shall be screened from adjacent properties and public rights-of-way. 4) CR 64 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. 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. CR 47 is designated on the Weld County Road Classification Plan as a major arterial road, which requires 140 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future CR 47 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. If the right-of-way cannot be verified, it shall be dedicated. Improvements to CR 47 are included within the Weld County 5-year plan. This may result in access limitations and haul route modifications during the construction. This road is maintained by Weld County. There shall be no parking or staging on County Road 64. 5) The access width (minimum 20-foot width for emergency vehicles) and the turning radiuses into the site (45 feet — 60 feet radiuses required to accommodate commercial/truck traffic). 6) Show the approved access on the plat and label it with the approved access permit number (AP12-00383). 7) The applicant shall delineate the drainage facilities described in the Wernsman Drainage Report and construction documents. The applicant shall provide a metes and bounds description of the 2012-3588 PL0038 SPECIAL REVIEW PERMIT (USR12-0069) - LYSTER FAMILY FARMS PARTNERSHIP, C/O HIGH SIERRA WATER SERVICES PAGE 5 area to be reserved for drainage facilities and label those areas as "No Build/No Storage Area — Drainage Area." 8) All light standards shall be delineated on the USR plat. 9) All signs shall be delineated on the USR plat. 10) The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be indicated in accordance with Section 23-3-50.E of the Weld County Code. 11) The location of the concrete unloading pad of sufficient area and capacity for truck unloading with a liner and leak detection system shall be utilized for truck unloading. C. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. D. The applicant shall submit a Sign Plan to the Department of Planning Services, for review and approval. E. The applicant shall file an Air Pollution Emissions Notice (APEN) with the Air Pollution Control Division of the Colorado Department of Public Health and Environment. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. F. A Ground Water Monitoring Plan shall be submitted to the Weld County Department of Public Health and Environment, for review and approval. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. G. The applicant shall provide evidence of compliance with the new unloading pad construction requirements: A concrete unloading pad of sufficient area and capacity for truck unloading with a liner and leak detection system shall be utilized for truck unloading. Plans for the concrete unloading pad, under liner, and leak detection system shall be submitted to, and approved by, the Weld County Department of Public Health and Environment. The concrete unloading pad shall be constructed and operated in accordance with the approved plan. H. The applicant shall submit written evidence of compliance with all of the Department of Public Health and Environment's stipulations and requirements, as stated in the referral dated May 24, 2012, and November 14, 2012. The applicant shall submit written evidence of compliance with all of the Department of Public Works requirements, specific to the Traffic Narrative 2012-3588 PL0038 SPECIAL REVIEW PERMIT (USR12-0069) - LYSTER FAMILY FARMS PARTNERSHIP, C/O HIGH SIERRA WATER SERVICES PAGE 6 stamped by Matt Delich, for the facility, as stated in the referral dated November 6, 2012. J. The applicant shall address the requirements (concerns) of the Weld County Department of Building Inspection, as stated in the referral response dated November 1, 2012. K. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as stated in the referral response dated October 17, 2012. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. L. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2. Upon completion of Condition of Approval #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 the Department of Planning Services. 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. 3. The Department of Planning Services respectfully requests a digital copy of this Amended Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). 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. 5. One month prior to the start of construction: A. A grading permit is required if more than one (1) acre is disturbed. The Grading Permit Application packet shall include the Grading Permit Application, grading permit fee, erosion and sediment control map, typical details for the Best Management Practices (BMPs) to be utilized, typical installation and maintenance notes for each BMP to be utilized, and a copy of the approved construction stormwater discharge permit from the CDPHE. 2012-3588 PL0038 SPECIAL REVIEW PERMIT (USR12-0069) - LYSTER FAMILY FARMS PARTNERSHIP, C/O HIGH SIERRA WATER SERVICES PAGE 7 6. Prior to the Release of Building Permits: A. A building permit will be required for a Water Disposal Facility and equipment. B. A Building Permit Application must be completed and two complete sets of engineered plans, including Engineered Foundation Plans bearing the wet stamp of a Colorado registered architect or engineer, must be submitted for review. C. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. D. Buildings, equipment and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have 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. E. A plan review shall be approved and a permit must be issued prior to the start of construction. F. 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. G. Detailed plans for the concrete secondary containment structure 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. H. A detailed Closure Plan shall be submitted to the Weld County Department of Public Health and Environment (WCDPHE) and the Colorado Oil and Gas Conservation Commission (COGCC). 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. 2012-3588 PL0038 SPECIAL REVIEW PERMIT (USR12-0069) - LYSTER FAMILY FARMS PARTNERSHIP, C/O HIGH SIERRA WATER SERVICES PAGE 8 The facility shall post financial assurance with the 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 WCDPHE that the appropriate financial assurance has been obtained. J. In the event that one (1) or more acres are disturbed during the construction and development of this site, the applicant shall obtain a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. K. Plans for the concrete unloading pad, under liner, and leak detection system shall be submitted to, and approved by, the WCDPHE. The concrete unloading pad shall be constructed and operated in accordance with the approved plan. 7. Prior to Operation: A. The applicant shall submit evidence to the WCDPHE, Weld County Planning Services and the COGCC that the facility was constructed in accordance with the USR permit and the Conditions of Approval and Development Standards. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of December, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: - YY� � Ca �\ � Sean P o ay, Chair \Jl Weld County Clerk to the Board ��..� Wi am F. Garcia; o-Tem BY:� �l i,CLC�I11 a� puty Cle k o the Bo.f. ' � /2//c, t ,=arba Kirkmeyer APPROVE AS r0 s' '� t David E. ong ounty A lI ttorney �' JAN 2 1 2013 Dougla6Rademac r Date of signature: 2012-3588 PL0038 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LYSTER FAMILY FARMS PARTNERSHIP C/O HIGH SIERRA WATER SERVICES USR12-0069 1. The Site Specific Development Plan and Amended Use by Special Review Permit, USR12-0069 (formerly USR-729), is for a Mineral Resource Development Facility, including Oil and Gas Support (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and associated facilities) 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. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 4. No disposal of wastes, other than Class II, as defined by the Environmental Protection Agency is permitted. Any change from the approved Class II would require an amendment to this Use by Special Review Permit. 5. Recovered crude/condensate loadout operations shall be conducted in a manner which prevents leakage or discharge onto the ground outside the concrete containment area. Spill prevention measures shall be employed when making connections and during loadout operations. Portable containment, such as drip pans, shall be utilized when working outside the containment area. 6. Any required Spill Prevention Control and Countermeasures Plan (SPCC) shall be prepared and maintained on the site per 40 CFR 112. 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 8. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 9. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air permits issued by the CDPHE, Air Pollution Control Division. 10. Analytical data on wastes and environmental monitoring data shall be made available to the WCDPHE, which reserves the right to require more extensive monitoring. 11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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 12. The facility shall comply with the approved Groundwater Monitoring Plan. 2012-3588 PL0038 DEVELOPMENT STANDARDS (USR12-0069) - LYSTER FAMILY FARMS PARTNERSHIP, C/O HIGH SIERRA WATER SERVICES PAGE 2 13. All stormwater, which has come into contact with waste materials on the site, shall be confined on the site. 14. Portable toilets may be utilized and shall be maintained in a sanitary condition. 15. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A) measured in accordance with Section 25-12-103 C.R.S. 16. The operation shall comply with all applicable rules and regulations of the Colorado Oil and Gas Conservation Commission, other state and federal agencies, and the Weld County Code. 17. Weld County shall not be responsible for the maintenance of on-site drainage related facilities. 18. The property owner will be responsible to excavate, repair, or patch any damage to County Road right-of-way on the haul route to mitigate for heavy truck traffic volumes as stipulated in the Improvements Agreement in place for USR-729 for road base material and applying magnesium chloride twice a year, or as needed (2005-2593). 19. The access roads shall be graded and drained to provide an all-weather access. 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, Section 15-1-180 of the Weld County Code. 21. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of storm runoff. 22. The applicant shall comply with all CDPHE, Water Quality Control Division regulations regarding stormwater quality, permitting andprotection, and construction stormwater 9 9 discharges. 23. 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. 24. Hours of operation are twenty-four (24) hours each day, seven (7) days per week, 365 days per year. 2012-3588 PL0038 DEVELOPMENT STANDARDS (USR12-0069) - LYSTER FAMILY FARMS PARTNERSHIP, CIO HIGH SIERRA WATER SERVICES PAGE 3 25. A building permit will be required for a Water Disposal Facility and equipment. 26. A Building Permit Application must be completed and two (2) complete sets of engineered plans, including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer, must be submitted for review. 27. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. 28. Buildings, equipment 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: 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. 29. A plan review shall be approved and a permit must be issued prior to the start of construction. 30. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 31. April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 32. The facility is located north of the Critical Flight Zone and within the Airport Influence area. Any vertical improvements to the site should be reviewed by, and subject to the approval of, the airport and potentially the Federal Aviation Administration. 33. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 34. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 35. 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. 36. 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. 2012-3588 PL0038 DEVELOPMENT STANDARDS (USR12-0069) - LYSTER FAMILY FARMS PARTNERSHIP, C/O HIGH SIERRA WATER SERVICES PAGE 4 37. 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. 38. 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. 2012-3588 PL0038 Hello