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HomeMy WebLinkAbout20110502.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1769 FOR AN 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 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST 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 2nd day of March, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Marcum Midstream 1995-2 Business Trust dba Conquest Water Services, 8207 West 20th Street, Suite B, Greeley, CO 80634, for a Site Specific Development Plan and Use by Special Review Permit#1769 for an 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, on the following described real estate, being more particularly described as follows: Lots A and B of Recorded Exemption #4538; being part of the S1/2 NE1/4 and the N1/2 SE1/4 of Section 29, Township 11 North, Range 62 West of the 6th P.M., Weld County, Colorado, and WHEREAS, at said hearing, the applicant was represented by Dale Butcher, 8207 West 20th Street, Suite B, Greeley, CO 80634, 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 23-2-230.6 of the Weld County Code as follows: a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 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." Section 22-4-140.A.1 (EP.Policy 1.1) states, "Due to the impacts from surface impoundments and increasing public concern about QJQ . LA, ?L, 2011-0502 3/ii/i/ PL2109 SPECIAL REVIEW PERMIT#1769 - (MARCUM MIDSTREAM 1995-2 BUSINESS TRUST DBA CONQUEST WATER SERVICES) PAGE 2 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. 1) 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. 2) 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 subject site is Lot A of Amended Recorded Exemption #4538 which consists of approximately ten (10) acres. The United States Department of Agriculture (U.S.D.A) Soils Map of Prime Farmlands of Weld County, dated 1979, identifies the soils on this property as "High Potential Dry Cropland — Prime if they become Irrigated" and "Other Land," in equal areas, with the south half of the property identified as "Other Lands". There is a domestic well on the parcel, Well Permit #283983. The surrounding properties are primarily rangeland and grazing lands with sparsely located single family homes. The applicant is proposing an on-site septic system, and the water will be provided by an individual commercial well which is under review by the Colorado Division of Water Resources. Evidence of a commercial well permit is a Condition of Approval prior to recording the plat. 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.B.3 -- The permitted uses will be compatible with the existing surrounding land uses. The site is bordered by agricultural uses; 2011-0502 PL2109 SPECIAL REVIEW PERMIT#1769 - (MARCUM MIDSTREAM 1995-2 BUSINESS TRUST DBA CONQUEST WATER SERVICES) PAGE 3 predominately grazing and rangelands with sparsely populated residential development. There is one property owner holding three (3) parcels within 500 feet of the proposed facility. There are no residences in the general area. The Conditions of Approval and Development Standards will ensure that this use will be compatible with surrounding land uses. d. Section 23-2-230.6.4 -- The permitted uses 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 Town of Grover. The applicant is requesting a sign that complies with the Commercial Zone District of the Weld County Code. Further, the applicant states there will be sixty to seventy (60-70) truck trips per day to this facility. County Road 77 is utilized for truck traffic on a daily basis. e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts. Effective January 1, 2003, building permits issued on the subject site will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The U.S.D.A. Soils Map of Prime Farmlands of Weld County, dated 1979, designates the soils on this property as "High Potential Dry Cropland — Prime if they become Irrigated" and "Other Land." g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240), and 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 Marcum Midstream 1995-2 Business Trust dba Conquest Water Services, for a Site Specific Development Plan and Use by Special Review Permit #1769 for an 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, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 2011-0502 PL2109 SPECIAL REVIEW PERMIT#1769 - (MARCUM MIDSTREAM 1995-2 BUSINESS TRUST DBA CONQUEST WATER SERVICES) PAGE 4 1. Prior to recording the plat: A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. B. All sheets of the plat shall be labeled USR-1769. C. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) County Road 77 is designated on the Weld County Road Classification Plan as an arterial road, which requires 140 feet of right-of-way at full buildout. There is presently sixty (60) feet of right-of-way. An additional forty (40) feet shall be delineated on the plat as future County Road 77 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. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 3) Revise and add the additional asphalt to square up the asphalt access for the existing trucks. 4) The applicant shall delineate the detention pond in a drainage easement on the final plat and label the volume and release rate. 5) All parking for this site must be off street and internal and delineated on the plot plan map. Each parking space shall be equipped with wheel guards or curb blocks to prevent vehicles from coming into contact with walls or other structures. 6) 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 plat. D. The applicant shall submit to the Department of Public Works a revised Drainage Report incorporating the redline comments. Evidence of such shall be submitted, in writing, to the Department of Planning Services. E. The applicant must address the requirements and concerns of the Weld County Department of Public Works, as stated in the referral response dated January 19, 2011. Evidence of such shall be submitted, in writing, to the Department of Planning Services. 2011-0502 PL2109 SPECIAL REVIEW PERMIT#1769- (MARCUM MIDSTREAM 1995-2 BUSINESS TRUST DBA CONQUEST WATER SERVICES) PAGE 5 F. The applicant must address the requirements and/or concerns of the Pawnee Fire Protection District, as stated in the referral response dated January 13, 2011. Evidence of such shall be submitted, in writing, to the Department of Planning Services. G. The applicant must address the requirements and/or concerns of the Colorado Division of Water Resources, as stated in the referral response dated December 22, 2010. Evidence of such shall be submitted, in writing, to the Department of Planning Services. H. The applicant shall file an Air Pollution Emission Notice (APEN) with the Colorado Department of Public Health and Environment, Air Pollution Control Division. Evidence of such shall be submitted, in writing, to the Department of Planning Services. A Ground Water Monitoring Plan shall be submitted, and approved by, the Weld County Department of Public Health and Environment. Evidence of such shall be submitted, in writing, to the Department of Planning Services. J. A Stormwater Discharge Permit 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 Department of Planning Services. K. The applicant shall submit a Lighting Plan to the Department of Planning Services for review and approval. With approval, the Lighting Plan information shall be graphically delineated on the plat. L. The applicant shall submit written evidence of compliance with all of the Weld County Department of Public Health and Environment's stipulations and requirements. Written evidence shall be submitted to the Department of Planning Services. 2. Prior to recording of the plat, A. The applicant shall enter into an Improvements Agreement for the on-site and off-site work to be done. Collateral shall be submitted to, and accepted by, the Board of County Commissioners. B. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. 3. Upon completion of Condition of Approvals #1 and #2 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 2011-0502 PL2109 SPECIAL REVIEW PERMIT#1769- (MARCUM MIDSTREAM 1995-2 BUSINESS TRUST DBA CONQUEST WATER SERVICES) PAGE 6 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 sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 4. The Department of Planning Services respectfully requests a digital copy of this 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. 5. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners Resolution was signed, a $50.00 recording continuance charge may be added for each additional three (3) month period. 6. One month prior to the start of construction: A. The applicant shall determine if it desires to utilize the single-family residence for an office and/or residence. If the applicant determines that an office and/or residence is desired, it shall submit application for and obtain all necessary Individual Sewage Disposal System (I.S.D.S.) permits. If it determines to demolish the single-family residence, the applicant shall submit a Demolition Permit and provide an Asbestos Certification Letter from the Colorado Department of Public Health and Environment, Asbestos Department, prior to the removal of the single- family residence and any outbuildings. Evidence of approval shall be submitted, in writing, to the Weld County Department of Planning Services. B. The applicant shall submit a grading permit showing: proposed grading, erosion control placement, typical details for all Best Management Practices (BMPs) to be utilized, and a Construction Stormwater permit from the Colorado Department of Public Health and Environment. The permit must be stamped by a registered professional engineer licensed in the State of Colorado. Please note that the grading permit will not be released until the applicant has signed the improvements agreement, posted collateral, and submitted the final plat for recording. Evidence of Department of Public Works approval shall be submitted, in writing, to the Department of Planning Services. 7. Prior to the Release of Building Permits: A. Building permits are required for buildings and structures which required permits before the beginning of construction. 2011-0502 PL2109 SPECIAL REVIEW PERMIT#1769- (MARCUM MIDSTREAM 1995-2 BUSINESS TRUST DBA CONQUEST WATER SERVICES) PAGE 7 B. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Energy Code, 2006 International Fuel Gas Code, 2008 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and Chapter 29 of the Weld County Code. 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. 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. E. A leak detection system shall be designed and installed beneath the concrete unloading pad(s) and sump(s). A detailed design shall be submitted to, and approved by, Weld County Department of Public Health and Environment. The concrete unloading pad shall be constructed and operated in accordance with the approved design. F. The applicant shall submit evidence to the Weld County Departments of Public Health and Environment and Planning Services, and the Colorado Oil and Gas Conservation Commission (COGCC) that the facility was constructed in accordance with application materials. G. An Individual Sewage Disposal System (I.S.D.S.) permit is required for sewage flow from the proposed office building. The system must be designed by a Colorado registered professional engineer and in accordance with Weld County I.S.D.S Regulations. 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. 2011-0502 PL2109 SPECIAL REVIEW PERMIT#1769- (MARCUM MIDSTREAM 1995-2 BUSINESS TRUST DBA CONQUEST WATER SERVICES) PAGE 8 I. 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 applicant shall submit evidence to the Weld County Department of Public Health and Environment that the appropriate financial assurance has been obtained. J. The applicant shall provide evidence to the Weld County Department of Public Health and Environment that a well has been appropriately permitted and installed to provide for sanitary use for the facility. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of March, A.D., 2011. BOARD F COUNTY OMMISSIONERS WEL OU TY, RADO ATTEST: Barbara a Weld County Clerk tot B.. : 1861 4,99 /yl; rte, ; ZJ / Sean - nway, Pro-Tem • Deputy Clerk to the Bo f j°r , iam F. arcia APPROVED AS TO FORM: 1/4\.? C �.. David E. r2vL Dougla/Radema er Date of signature: L-2242.6.)/ 2011-0502 PL2109 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST WATER SERVICES USR#1769 1. The Site Specific Development Plan and Special Review Permit is for an 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, 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. A manager, knowledgeable in operating an injection well, shall be on-site when the facility is receiving waste. 5. 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 the Use by Special Review Permit. 6. In accordance with Section 8 of the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007, Part 2), an annual report shall be filed for the recycling operations, which includes the amount of produced water recycled. The annual report shall be submitted to the Weld County Department of Public Health and Environment (WCDPHE) and the Colorado Department of Public Health and Environment (CDPHE), Hazardous Materials and Waste Management Division, by May first of each year. 7. This facility shall adhere to the maximum permissible noise level of 70 Decibels Adjusted (dBA) as allowed in the Industrial Zone District, as delineated in Section 25-12-103 of the Colorado Revised Statutes (C.R.S.) 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 9. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 10. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air permits issued by the CDPHE, Air Pollution Control Division. 11. All liquid wastes received at the facility shall be unloaded on the unloading pad. The unloading/loading pad leak detection system shall be constructed and operated in accordance with the approved design. 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. 2011-0502 PL2109 DEVELOPMENT STANDARDS - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST WATER SERVICES (USR#1769) PAGE 2 12. Analytical data on wastes and environmental monitoring data shall be made available to the WCDPHE, which reserves the right to require additional, more extensive monitoring. 13. 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. 14. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of, in accordance with all applicable rules and regulations. 15. The facility shall comply with the approved Groundwater Monitoring Plan. 16. All stormwater, which has come into contact with waste materials on the site, shall be confined on the site. In the event that stormwater is not adequately controlled on the site, upon written notification from the WCDPHE or CDPHE, a comprehensive site-wide Stormwater Plan shall be developed and implemented. The plan must be approved, in writing, prior to implementation by the WCDPHE and CDPHE. 17. Adequate drinking water, hand washing, and toilet facilities shall be provided. 18. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted, installed, maintained, and operated in compliance with all provisions of the Weld County Code, pertaining to I.S.D.S. Regulations. 19. Any required Spill Prevention Control and Countermeasures (SPCC) Plan(s) shall be prepared and maintained on the site per 40 CFR 112. 20. 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. 21. Access to the site shall be from County Road 77. Transport trucks, weighing up to forty (40) tons, will visit the site approximately 100 times daily. 22. 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. The applicant shall utilize the approved access and departure point, Weld County Access Permit Number AP10-00112. 23. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases, diversions, concentration, and/or unplanned ponding of storm runoff. 24. Weld County shall not be responsible for the maintenance of on-site drainage related facilities. 2011-0502 PL2109 DEVELOPMENT STANDARDS - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST WATER SERVICES (USR #1769) PAGE 3 25. In the event that one (1) or more acres are disturbed during the construction and development of this site, the applicant shall obtain a Construction Stormwater Discharge Permit from the Water Quality Control Division of the CDPHE. 26. Permits shall be obtained for all new buildings, structures, and where proposed electrical, plumbing and mechanical work is to be performed which requires permits per the Weld County Code Chapter 29. 27. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located, and operated in such a manner as to meet the following standards: Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no colored lights may be used which may be confused with or construed as traffic control devices. 28. Hours of operation, acceptance of wastewater, and transport off-premises of recycled water, are 24 hours per day, seven (7) days per week. 29. Effective January 1, 2003, building permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 30. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 31. The Use by 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. 32. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 33. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 34. Necessary Weld County Public Works, Environmental Health, and Planning representatives 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 Development Standards stated herein and all applicable Weld County regulations. 35. 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 Weld County Department of Planning Services. 2011-0502 PL2109 DEVELOPMENT STANDARDS - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST WATER SERVICES (USR#1769) PAGE 4 36. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Non-compliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 2011-0502 PL2109 Hello