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
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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;
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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:
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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.
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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
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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.
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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.
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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.)/
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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.
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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.
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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.
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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.
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