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Home My WebLink About20123590.tiff LAND USE APPLICATION VI SUMMARY SHEET 112_ Iry Case Hearing Date: December 4, 2012 Number: USR12-0069 Applicant: Lyster Family Farms, a Partnership do Doug White, High Sierra Water Services, LLC 8207 West 20th Street, Suite B, Greeley, Colorado 80634 Request: Site Specific Development Plan and Second Amended Special Review Permit [2n° AmUSR-729] 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 Legal Description: SUBX12-0025 being part of Lot B of RE-634, located in the SE4 of Section 26, T6N, R65W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 64; 0.5 miles West of County Road 47 Size of Parcel: 4.00 +/- acres Parcel Number: 0803-26-4-00-044 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' has received responses from the following agencies with comments: Or West Greeley Soil Conservation District referral dated October 17, 2012 Or City of Greeley Planning and Engineering referral dated October 17, 2012 Or Weld County Department of Building Inspection referral dated November 1, 2012 Or Weld County Department of Public Works referral dated November 6, 2012 Or Weld County Department of Public Health & Environment referral dated May 24, 2012 & November 14, 2012 The Department of Planning Services' has received responses from the following agencies without comments: Or Weld County Sheriff's Office referral dated October 12, 2012 Or Weld County Code Compliance referral dated October 15, 2012 Or Greeley-Weld County Airport referral dated October 19, 2012 The Department of Planning Services' staff has not received responses from the following agencies: Or Noble Energy, Inc. Or Eaton Fire Protection District Or Greeley-Evans RE-6 School District Or State of Colorado, Division of Parks and Wildlife ti a tgbt ii SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW GO h - Planner: Kim Ogle Case Hearing Date: December 4, 2012 Number: USR12-0069 Applicant: Lyster Family Farms, a Partnership do Doug White, High Sierra Water Services, LLC 8207 West 20th Street, Suite B, Greeley, Colorado 80634 Request: Site Specific Development Plan and Second Amended Special Review Permit [2n° AmUSR-729] 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 Legal Description: SUBX12-0025 being part of Lot B of RE-634, located in the SE4 of Section 26, T6N, R65W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 64; 0.5 miles West of County Road 47 Size of Parcel: 123 +/- acres, 4.00 +/- acres Leasehold Parcel Number: 0803-26-4-00-044 Narrative: The initial Special Use Permit was granted to Coors Energy Company on April 30, 1986. In 1999 Patina Oil and Gas Company acquired the facility and operated on site until 2004 when the facility was acquired by Marcum Midstream 1995-2 Business Trust, dba Conquest Water Services. The amendment to the existing permit was approved by the Board of County Commissioners on August 31, 2005. On September 7, 2005 the Board of County commissioners accepted the Long-Term Maintenance Agreement for County road 64. The facility changed ownership again on June 2, 2011 when High Sierra Water Services, LLC acquired Marcum Midstream 1995-2 Business Trust real property assets. This second amendment request seeks to construct a new injection well and well pump house, tank farm and offload pad which will consist of two unloading tanks, five oil tanks, six sedimentation tanks, two solids collection tanks and one clean out tank. All new tanks will be accessed from the new unloading pad. Additionally, the current permit allows for 50 truck visits per day, operating from 7:00 AM to 9:00 PM daily. This amendment seeks to increase the number of truck visits to 130 per day and operating on a 24 hour/day 7days a week schedule. To facilitate better traffic flow, this proposal will provide an ingress and egress drive from County Road 64. As previously described, this second amendment application is no longer a "floating Special Use Permit" as the facility will be sited within a 4 acre parcel of land described as SUBX12-0025 for the temporary use of a parcel for oil and gas support and service facilities, and upon termination of the leasehold arrangement, the lot and access shall cease to exist. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-4-140.A. EP.Goal 1. states "Encourage the minimization of mineral resource exploration and production waste and require the safe disposal of it;" and EP.Policy 1.1. states "Due to the impacts from surface impoundments and increasing public concern about them, other alternatives for disposal should be considered." The proposal is for a Class II Brinewater Injection Well and associated facilities. Section 22-4-140.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 a 4.00 acre leasehold area permitted through SUBX12-0025. The plat shall be recorded prior to the case being heard by the Board of County Commissioners. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is bordered by agricultural production to the Nortrh 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. Staff has received one petition, and one additional letter associated with the petition, three (3) telephone calls, one (1) electronic mail associated with the petition from adjacent or surrounding property owners or interested persons. The concerns raised by in the petitioners include: 1. Currently trucks park and idle along County Road 64, to the west of the CR 47 intersection, to complete paperwork etc. This is a noise, congestion and pollution problem that needs to be rectified. With the increase of trucks being serviced by the facility, this is going to increase to a detriment of the rural lifestyle. 2. In the past, when there were fewer injection wells in the area, a higher volume of trucks were serviced by the facility and trucks backed up along CR 64 and waited for servicing. This too needs to be addressed and a solution needs to be in place to deal with the traffic impact of expanding the facility. 3. Of paramount impact to landowners, is the change of the facility from designated operating hours to 24 hour operation. The noise, traffic, dust and changes in quality of life on a 24 hour basis will greatly impact not only our quality of life, but our property values. We know the facility exists, we cannot change that, we just want to be able to live in peace as well. 4. We support and understand the importance the oil and gas industry plays in our county. We believe a solution can be reached that allows everyone involved equally benefit from restrictions that can be in place before approval is granted. 5. Dust control measures need to be taken on all dirt/gravel {directly entering/exiting and indirectly entering and exiting) roads that will be traveled upon by the trucks. In addition to the petitioners, multiple residences are located north and south of the intersection of County Road 47 and County Road 64. Development Standards and Conditions of Approval will ensure that this use will be compatible with surrounding land uses. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within three miles of the City of Greeley. The City in their 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 23-2-220.A.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 their referral dated October 19, 2012 indicated no conflicts with the proposed permit amendment. 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) 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) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of Weld County dated 1979 indicate that the soils on this property as "Prime". G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The USR plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1) All sheets of the USR plat shall be labeled USR12-0069. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The approved Screening Plan, to address the trash dumpster and all outside storage associated with this facility shall be screened from adjacent properties, including the public rights-of-way. (Department of Planning Services) 4) County Road 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 build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) County Road 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 build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 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 County Road 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. (Department of Public Works) 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). (Department of Public Works) 6) Show the approved access on the plat and label it with the approved access permit number (AP12-00383). 7) Please delineate the drainage facilities described in the Wernsman drainage report and construction documents. Please provide a metes and bounds description of the area to be reserved for drainage facilities and label those areas as "No Build/No Storage Area— Drainage Area". (Department of Public Works) 8) All light standards shall be delineated on the USR Plat. (Department of Planning Services) 9) All signs shall be delineated on the USR Plat. (Department of Planning Services) 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. (Department of Planning Services) 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. (Department of Public Health and Environment) C. The applicant shall submit a Lighting Plan to the Department of Planning Services for review and approval. (Department of Planning Services) D. The applicant shall submit a Sign Plan to the Department of Planning Services for review and approval. (Department of Planning Services) E. The applicant shall file an Air Pollution Emissions Notice (APEN) with the Air Pollution Control Division, Colorado Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) F. A Ground Water Monitoring Plan shall be submitted to the Weld County Health 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. (Department of Public Health and Environment) G. If appropriate, a Storm Water Discharge Permit coverage shall be obtained from the Colorado Department of Public Health and Environment, Water Quality Control Division for construction activities. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) H. 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. (Department of Public Health and Environment) 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 their referral dated May 24, 2012 and November 14, 2012. (Department of Planning Services) J. The applicant shall submit written evidence of compliance with all of the Department of Public Works requirements, specific to the Traffic Narrative stamped by Matt Delich, for the facility as stated in their referral dated November 6, 2012. (Department of Planning Services) K. The applicant shall address the requirements (concerns) of Building Inspection Department, as stated in the referral response dated November 1, 2012. (Department of Building Inspection) L. The applicant shall attempt to address the requirements (concerns) of 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. (City of Greeley) M. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). Thisdigitalfilemaybesenttodhuerter@co.weld.co.us. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required one hundred twenty (120) days from the date the Board of County Commissioners approval was signed a $50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) 5. One month prior to the start of construction: A. The applicant shall submit evidence of a construction stormwater permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, to cover stormwater discharges from construction sites (5 CCR-1002- 61) Alternately, the applicant can provide evidence from CDPH&E that they are not subject to the CDPS requirements. (Department of Public Works) B. A grading permit is required if more than one 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 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 CDPHE. (Department of Public Works) 6. Prior to the Release of Building Permits: A. A building permit will be required for a Water Disposal Facility and equipment. (Department of Building Inspection) 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. (Department of Building Inspection) C. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or a open hole inspection. (Department of Building 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 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) E. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 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. (Department of Building Inspection) 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. (Department of Public Health and Environment) H. A Detailed Closure Plan shall be submitted to the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission. The Closure Plan shall include a description of the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. No structures or equipment associated with the facility shall remain on the property following closure. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) J. In the event that 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. (Department of Public Works) K. 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. (Department of Public Health and Environment) 7. Prior to Operation: A. The applicant shall submit evidence to the Weld County Department of Public Health and Environment (WCDPHE), Weld County Planning Services and the Colorado Oil and Gas Conservation Commission (COGCC) that the facility was constructed in accordance with application materials. (Department of Public Health and Environment) SITE SPECIFIC DEVELOPMENT PLAN AMENDED SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS High Sierra Water Services, LLC USR12-0069 1. The Site Specific Development Plan and Second Amended Special Review Permit [2n° AmUSR- 729] 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. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. 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. 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 6. Any required Spill Prevention Control and Countermeasures Plan (SPCC) shall be prepared and maintained on site per 40 CFR 112. (Department of Public Health and Environment) 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 8. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 9. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air permits issued by the CDPHE Air Pollution Control Division. (Department of Public Health and Environment) 10. Analytical data on wastes and environmental monitoring data shall be made available to WCDPHE, who reserves the right to require additional more extensive monitoring. (Department of Public Health and Environment) 11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored, treated, and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 12. The facility shall comply with the approved groundwater monitoring plan. (Department of Public Health and Environment) 13. All storm water, which has come into contact with waste materials on the site, shall be confined on the site. (Department of Public Health and Environment) 14. Portable toilets may be utilized and shall be maintained in a sanitary condition. (Department of Public Health and Environment) 15. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A) measured in accordance with 25-12-103 C.R.S. (Department of Public Health and Environment). 16. The operation shall comply with all applicable rules and regulations of the Colorado Oil & Gas Conservation Commission, other State and Federal agencies, and the Weld County Code. (Department of Public Health and Environment) 17. A minimum of two (2) employees shall be on site during operation hours, as stated in the application materials. (Department of Planning Services) 18. Weld County shall not be responsible for the maintenance of onsite drainage related facilities. (Department of Public Works) 19. The property owner will be responsible 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 AmUSR-729 for road base material and applying magnesium chloride twice a year or as needed, (2005-2593). (Department of Public Works) 20. The traffic volumes associated with this facility is restricted to 130 round trips per day or 260 trips per day. (Department of Public Works) 21. The access roads shall be graded and drained to provide an all-weather access. (Department of Public Works) 22. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, Section 15-1-180 of the Weld County Code. (Department of Public Works) 23. The historical flow patterns and run-off amounts will be maintained on 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 run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 24. The applicant shall comply with all Colorado Department of Health and Environment, Water Quality Control Division regulations regarding storm water quality permitting and protection and construction storm water discharges. (Department of Public Works) 25. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 26. Hours of operation are twenty-four (24) hours each day, seven (7) days per week — 365 days per year. (Department of Planning Services) 27. A building permit will be required for a Water Disposal Facility and equipment. (Department of Building Inspection) 28. 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. (Department of Building Inspection) 29. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or a open hole inspection. (Department of Building Inspection) 30. Buildings, equipment and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 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) 31. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 34. 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) 35. 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) 36. 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. (Department of Planning Services) 37. 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) 38. 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) 39. 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) 40. 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) 41. 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) 42. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical 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. i a 1861 i DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE:www.co.weld.co.us E-MAIL:AIL: kogle©co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 C v FAX: (970)304-6498 r7 November 16, 2012 TED LOPEZ M3 CONSTRUCTION 18 SOUTH OGDEN STREET, No. 183 DENVER, CO 80209 Subject: USR12-0069 - A 2ND AMENDMENT TO AMUSR-729 A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS SUPPORT (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL)ZONE DISTRICT. On parcel(s) of land described as: LOT B RE-634 BEING PART OF THE SE4 SECTION 26, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on December 4, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December 19, 2012 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at wevw.weldcountyplanningcases-orq If you have any questions concerning this matter, please call. Respectfully. I Digitally signed by Kristine Ranslem Reason:I am the author of this document Date:2012.11.16 09:20:13-07'00' Kim Ogle Planner H N DEPARTMENT OF PLANNING SERVICES t`y 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us o, PHONE: , (970) 353-6100, Ext. 3549 y C V T FAX: (970) 304-6498 October 11, 2012 TED LOPEZ M3 CONSTRUCTION 18 SOUTH OGDEN STREET, No. 183 DENVER, CO 80209 Subject: USR12-0069 - A 2ND AMENDMENT TO AMUSR-729 A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS SUPPORT (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL)ZONE DISTRICT. On parcel(s) of land described as: LOT B RE-634 BEING PART OF THE SE4 SECTION 26, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Greeley at Phone Number 970-350-9741 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully. Digitally a signed Kristine Ranslem Reason:I am the author of this document Location:1555 N 17th Ave Date:2012.10.11 13:45:32-0600' Kim Ogle Planner FIELD CHECK Inspection Date: 11.19.2012 Applicant: Lyster Family Farms, a Partnership do Doug White, High Sierra Water Services, LLC 8207 West 20th Street, Suite B, Greeley, Colorado 80634 Request: Site Specific Development Plan and Second Amended Special Review Permit [2nd AmUSR-729] 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 Legal Description: SUBX12-0025 being part of Lot B of RE-634, located in the SE4 of Section 26, T6N, R65W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 64; 0.5 miles West of County Road 47 Size of Parcel: 4.00 +/-acres Parcel Number: 0803-26-4-00-044 Zoning Land Use N AGRICULTURE N AGRICULTURE E AGRICULTURE E AGRICULTURE S AGRICULTURE S AGRICULTURE W CITY OF GREELEY W GREELEY WELD AIRPORT PROPERTY COMMENTS: SITE IS AN EXISTING INJECTION WELL FACILITY WITH TWO PINTS OF ACCESS, ONE-WAY IONBOUND AND ONE-WAY OUT BOUND. THE FACILITY IS LOCATED NEAR THE END OF COUNTY ROAD 64 ADJACENT TO THE AIRPORT. THE SITE IS BORDERED BY AGRICULTURAL PRODUCTION TO THE NORTRH 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. NUMEROUS RESIDENCES ARE LOCATED NORTH AND SOUTH ON COUNTY ROAD 47 A PAVED ARTERIAL DESIGNATED ROAD. COUNTY ROAD 64 IS A GRADED, WEATERED ALL WESTER ROAD. Sgf� e ❑ Access to Property Note any commercial business/commercial vehicles that are operating from the site. Hello