HomeMy WebLinkAbout20101849.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand, that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1747
APPLICANT: Marcum Midstream 1995-2 Business Trust dba Conquest Oil
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit 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.
LEGAL DESCRIPTION: Lot A RE-5008; Part E2SE4 Section 34,T7N, R63W of the 6th P.M.,Weld
County, Colorado.
LOCATION: North of and adjacent to CR 74;west of and adjacent to CR 69 and State
Highway 392.
be recommended unfavorably to the Board of County Commissioners.
Should the Board of County Commissioners approve the proposal,the Planning Commission recommends the
following conditions:
1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
B. All sheets of the plat shall be labeled USR-1747 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
•
1) The attached Development Standards. (Department of Planning Services)
2) The approved Screening Plan,to address the outdoor storage of materials, including
the trash dumpster associated with this facility shall be screened from adjacent
properties, including the public rights-of-way. (Department of Planning Services)
3) County Road 74 is designated on the Weld County Road Classification Plan as an
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 forty (40)feet shall be delineated on
the plat as future County Road 74 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. (Department of Public
Works)
4) County Road 69 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. There is
presently 60 feet of right-of-way. All setbacks shall be measured from the edge of
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. (Department of Public Works)
5) Please provide a vehicle paved tracking pad that extends from WCR 74 through the
traffic flow lanes (entrance and exit) of the unloading area or supply a tracking pad
from the unloading area with two cattle guards placed back to back on the exit lane
including the paved access entrance. No paving of the entrance lane would be
•
required if the second option from above is used. (Department of Public Works)
EXHIBR
2010-1849
I1�K- I"1I47
Resolution USR-1747
Marcum Midstream 1995-2 Business Trust dba Conquest Oil
Page 2
• 6) Please show the retention and drainage facilities to be within a drainage easement
which has been described on the plat and labeled as a "No Build or Storage Area".
(Department of Public Works)
7) 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. (Department
of Public Works)
8) The application materials did not include a Lighting Plan. Should exterior lighting be
a part of this facility, all light standards shall be delineated on the USR Plat.
(Department of Planning Services)
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
Weld County Department of Planning Services (Department of Public Works)
E. The applicant must address the requirements (concerns) of Colorado Division of Water
Resources, as stated in the referral response dated June 4,2010. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Colorado Division
of Water Resources)
F. All required Air Emissions Permits must be obtained from 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)
• G. 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)
H. Stormwater Discharge Permit coverage shall be obtained from the CDPHE Water Quality
Control Division for construction activities and for the operating facility if required. Evidence
of such shall be submitted in writing to the Department of Planning Services. (Department of
Public Health and Environment)
The applicant shall enter into an Improvements agreement to cover onsite improvements,
offsite improvements and road maintenance. Evidence of Department of Public Works
approval shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works and Planning Services)
J. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval. With approval, the Screening Plan information shall be graphically
delineated on the USR Plat. (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 USR Plat. (Department of Planning Services)
L. The applicant shall submit written evidence of compliance with all of the Department of Public
Health and Environment's stipulations and requirements. Written evidence shall be
submitted to the Department of Planning Services. (Department of Planning Services)
• M. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
Resolution USR-1747
Marcum Midstream 1995-2 Business Trust dba Conquest Oil
Page 3
• 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 thirty(30) 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). This digital file may be
sent to mapsco.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 sixty (60) 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. 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 shall be obtained prior to the construction of any new building, tanks or
support facilities. (Department of Building Inspection)
B. Buildings 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; 2008 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
C. Construction of a new building is proposed. Building permits shall be obtained prior to
starting. A plan review is required for each building or structure for which a building permit is
required. Two complete sets of plans are required when applying for each permit. Include a
Code Analysis Data sheet for the Weld County Building Department for each structure that
requires a permit. Submittal plans shall include a floor plan showing the specific uses of each
area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or
Engineer(Department of Building Inspection)
D. 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
Resolution USR-1747
Marcum Midstream 1995-2 Business Trust dba Conquest Oil
Page 4
• requirements. Offset and setback requirements are measured to the farthest projection from
the building. (Department of Building Inspection)
E. Detailed plans for the concrete secondary containment structure shall be submitted.
Secondary containment capacity shall meet or exceed the containment volumes submitted in
the application materials. (Department of Public Health and Environment)
F. A leak detection system shall be designed and installed beneath the concrete unloading pad.
A detailed design shall be submitted to and approved by WCDPHE. The concrete unloading
pad shall be constructed and operated in accordance with the approved design(Department
of Public Health and Environment)
G. The applicant shall submit evidence to the 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)
H. 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.
(Department of Public Health and Environment)
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)
J. 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)
K. A copy of the drilling log shall be submitted to the Weld County Department of Public Health
and Environment. (Department of Public Health and Environment)
L. Provide evidence to the Weld County Department of Public Health&Environment that a well
has been appropriately permitted and installed to provide for sanitary use for the facility.
(Department of Planning Services)
Motion seconded by Mark Lawley.
VOTE:
For Denial Against Denial Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
• Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
Resolution USR-1747
Marcum Midstream 1995-2 Business Trust dba Conquest Oil
Page 5
• The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 3, 2010.
i 81
Dated/ the 3`d of August, 2010.
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• CONQUEST OIL COMPANY
(Marcum Midstream 1995-2 Business Trust)
USR-1747
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility
(Class II Oilfield Waste Disposal Facility-Saltwater Injection Facility and a water recycling facility) 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. A manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving
waste. (Department of Public Health and Environment)
5. No disposal of waste, other than Class II, as defined by the Environmental Protection Agency, is
permitted. Any changes from the approved Class II use would require an amendment to this Special
Use Permit. (Department of Public Health and Environment)
6. Any wastes generated at the facility shall be disposed of in accordance with the Colorado Solid Waste
Act, Section 30-20-100.5, C.R.S., or other appropriate rule, regulation or law. (Department of Public
Health and Environment)
7. 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 & Environment (WCDPHE) and the Colorado Department of Public Health and
Environment(CDPHE) Hazardous Materials and Waste Management Division by May first of each
year. (Department of Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise level of 70 dBA as allowed in the industrial
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
10. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
11. 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)
12. All liquid wastes received at the facility shall be unloaded on the unloading pad. The concrete
unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building up on
the pad. During winter months, the facility shall maintain the unloading pad free of ice. (Department
of Public Health and Environment)
13. Any analysis of waste shall be forwarded to the WCDPHE,who reserves the right to require additional
more extensive monitoring at a later date. (Department of Public Health and Environment)
• 14. 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)
Resolution USR-1747
Marcum Midstream 1995-2 Business Trust dba Conquest Oil
Page 7
• 15. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. (Department of Public Health and Environment)
16. The facility shall comply with the approved groundwater monitoring plan. (Department of Public
Health and Environment)
17. All storm water,which has come into contact with waste materials on the site,shall be confined on the
site. In the event that storm water is not adequately controlled on the site, upon written notification
from the WCDPHE or CDPHE, a comprehensive site-wide storm water plan shall be developed and
implemented. The plan must be approved, in writing, prior to implementation by WCDPHE and
CDPHE. (Department of Public Health and Environment)
18. Adequate drinking water, hand washing, and toilet facilities shall be provided. (Department of Public
Health and Environment)
19. 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. (Department of Public Health and Environment)
20. 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)
21. Access to the site shall be from County Road 74. Transport trucks weighing up to 40 tons will visit
the site approximately 60-70 times daily and less on weekends. (Department of Public Works)
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. There is an existing concrete loading
pad. Utilize the existing access and departure points. (Department of Planning Services)
23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
24. In order to prevent sealing of the retention pond and a decrease in the infiltration rate of the retention
pond, the retention pond will be maintained at a minimum of every three years or as required.
(Department of Public Works)
25. Weld County shall not be responsible for the maintenance of onsite drainage related facilities.
(Department of Public Works)
26. In the event that 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 Colorado Department of Public Health and Environment. (Department of Public Works)
27. All structures shall require building permits. (Department of Building Inspection)
28. 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)
• 29. Hours of operation, acceptance of waste water and transport off-premises of recycled water, are
limited to 7:00AM until 10:00PM daily. (Department of Planning Services)
Resolution USR-1747
Marcum Midstream 1995-2 Business Trust dba Conquest Oil
Page 8
• 30. 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. (Department of Planning Services)
31. 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.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) (Department of Planning
Services)
32. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
33. 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)
34. 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)
35. Personnel from Weld County Government 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. (Department of
Planning Services)
36. 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)
37. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
•
O 31/c
Commissioner Lawley commented that there may have been some confusion with the applicant in meeting
• with his neighbors and potentially resolving issues there. He stated that a meeting should be conducted with
his neighbors.
Commissioner Holton commented that if this case is continued he would like to see a Dust Abatement Plan,
Waste Handling Plan,complete Site Plan, and traffic study along with the other outstanding items to make this
case complete.
Robert Grand moved to continue Case USR-1742 indefinitely, seconded by Mark Lawley.
The Chair asked the applicant if he understands that the case is being continued indefinitely because the
Planning Commission feels that the application is incomplete. The Chair reiterated that the applicant will need
to meet with staff to obtain clear direction on how to accomplish all the issues that are incomplete. When the
items have been completed then the applicant and staff will schedule a Planning Commission hearing date.
The applicant replied that he understands and asked that if he provides a traffic study and an estimated
number of attendees that this case would likely be approved. The Chair said that he can't give that answer at
this point without having the necessary information.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, absent; Jason
Maxey, absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called for a recess at 2:25 pm and reconvened the meeting at 2:32 pm.
The Chair read the following case into record.
CASE NUMBER: USR-1747
APPLICANT: Marcum Midstream 1995-2 Business Trust dba Conquest Oil
• PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit 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.
LEGAL DESCRIPTION: Lot A RE-5008; Part E2SE4 Section 34,T7N, R63W of the 6th P.M.,Weld
County, Colorado.
LOCATION: North of and adjacent to CR 74;west of and adjacent to CR 69 and State
Highway 392.
Kim Ogle, Planning Services,commented that the applicant is Conquest Oil Company and are represented by
Sheri Lockman and Jim Goddard.
The property is outside of the three-mile referral area for a municipality and is directly west of the
unincorporated Town of Cornish. It is relatively flat with a slight slope north to south and east. The application
is for a new facility for oilfield brine water disposal with tanks for brine water and separate tanks associated
with the water recycling facility and one building housing pumps and an office.
There are normally two employees on site when accepting trucks which is from 7 am to 10 pm daily. On
average 15 different transport vehicles weighing up to 40 tons will visit the facility approximately four(4)times
per day.
Surrounding lands are predominately range land and native agricultural lands with single-family residences
located in the general area. Large agricultural tracts with a few limited Recorded Exemption parcels are also
prevalent.
A commercial well has been proposed to service this facility and the Health Department is requiring an ISDS
septic system for effluent flows.
• Primary access is from County Road 74, a local paved two-lane road. The primary haul route will be from
EXHIBIT -
• County Road 74 to Highway 392 and heading north and south. Internal roads for the facility are graveled and
graded as proposed in the application materials.
The application states that each of the locations or facilities are basically operated the same. This would be
the sixth (61h)disposal site that Conquest would operate. Independent water haulers bring the brine water to
the facility. At the time of arrival, Conquest Oil inspects each load before pulling the water off the trucks. The
water is put into primary tanks for filtering and oil skimmed for resale. The remaining liquid, which is brine
water, is filtered for re-injection and processed through the water recycling facility.
The sign for today's hearing was posted ten(10)days prior to the hearing by planning staff and was evidenced
by photograph and affidavit.
Ten referral agencies reviewed the case;four referral agencies offered comments and have been included in
the conditions of approval and development standards. There has been one letter received from a
surrounding property owner and more than four telephone calls requesting information on the application.
Several people have reviewed the case file and one family has met with staff to discuss the application. The
general concerns deal with: traffic, property value, effective screening and water quality in and near the long
term of the primary issues.
Weld County Planning Department recommends approval of this application along with the attached
conditions of approval and development standards.
Mr. Ogle wished to make two corrections under the Development Standards. Staff requests to delete
Development Standards 21 and 22 as they are duplicates of previous statements.
Robert Grand moved to delete Development Standards 21 and 22 and renumber accordingly as requested by
staff, seconded by Nick Berryman. Motion carried.
• Troy Swain, Environmental Health, commented that the conditions they requested to be added to the staff
report are under the conditions of approval and development standards.
Don Carroll, Public Works, commented that access is from County Road 74 which is an arterial paved road.
The secondary road is County Road 69 which is a gravel road that goes up to the north at Highway 392. The
access is approximately 300 feet from the intersection. A tracking pad is requested to keep from tracking mud
onto the new paved surface and State Highway. A traffic study has been received and is acceptable. Mr.
Carroll stated that they are working with the applicant's drainage engineer on finalizing their drainage report.
Commissioner Grand asked how many trips per day are requested. Mr. Carroll replied that the applicant is
requesting 15 trucks per day four(4) times a day which equals 60 to 70 daily round trips to the facility. The
hours of operation are from 7 am to 10 pm daily. Mr. Grand asked if this proposed amount triggers
accel/decel lanes.
Janet Carter, Public Works, commented that in 2008 the daily traffic count on County Road 74 was 147
vehicles per day. Due to increased oil and gas traffic, Ms. Carter guesstimates that the number has gone up
slightly but still relatively low. She stated that acceleration/deceleration lanes are not warranted at this site due
to the volume of traffic that they are proposing. The average speed of this segment of County Road 74 is 59
mph. She added that it appears that this is a pretty safe segment of roadway based on the number of
accidents in the area, 85'" percentile, volumes, etcetera; therefore they did not make the requirement for
acceleration/deceleration lanes.
Commissioner Grand commented that he is concerned over changing the pattern of traffic as people don't
necessarily adjust. He asked if language was incorporated into the development standards so that if the
development of business grows to a certain level it triggers the accel/decel lanes. Ms. Carter suggested
adding "Public Works will require right acceleration and right deceleration lanes to be constructed on Weld
• County Roads 74 when traffic volumes meet the triggers of 25 vehicles per hour turning into the facility and 50
vehicles per hour turning out of the facility during the peak hour". She stated that language would be added to
read"When traffic volumes meet ten vehicles per hour left turn movement into the facility a left deceleration
7
• lane would be required." This statement would be in the improvements agreement as well as within the
resolution.
Commissioner Lawley asked if there is a designated haul route. Ms. Carter said that there is not a designated
haul route as it is so close to a State Highway because the mass majority of traffic for this facility will be
coming from Highway 392.
Mr. Swain requested to delete Condition of Approval 1.H Prior to Recording the Plat and replacing it with new
language to read"Stormwater Discharge Permit coverage shall be obtained from the CDPHE Water Quality
Control Division for construction activities and for the operating facility if required. Evidence of such shall be
submitted in writing to the Department of Planning Services."
Robert Grand moved to delete Condition of Approval 1.H and replace it with new language as recommended
by staff, seconded by Bill Hall. Motion carried.
Sheri Lockman, Lockman Land Consulting, representing Marcum Midstream doing business as Conquest Oil,
commented that they are requesting approval of an oil and gas support facility. It is specifically an oilfield
waste injection well and wastewater recycling facility. The site is located on a newly created 11 acre lot
adjacent to County Roads 74 and 69.
The site will have one (1) building which will house the office, pump, and water recycling facility. The water
recycling uses seven tanks ranging in size from 20 to 90 barrels. The containment area will hold 23 tanks
which hold from 500 to 800 barrels each and all of these tanks are used in the processing, storing, and
separating usable water and oil from the oilfield waste. What remains of the waste will be injected into the
ground. The water filtration process will also create a small amount of solids which will be taken to an
approved waste disposal facility.
• Trucks will enter the site, drop off the wastewater which has been collected from oil and gas wells throughout
Weld County. They can then be filled with the treated water and the treated water will then in turn be delivered
back to the oil and gas wells for reuse. The facility is proposed as a seven day week 365 day per year
operation. The injection pump may run 24 hours per day if necessary. The access will be from County Road
74 which is paved. The applicants are not proposing to use County Road 69 unless there happens to be an oil
well which they are drilling at that time.
The site will serve 15 to 20 transport trucks on a daily basis. These trucks on average will make between 60
to 70 round trips to the facility. The trucks can weigh up to 40 tons and are currently having to travel to more
distance locations for alternative injection sites and water sources. At this time the nearest injection site is off
of County Road 47 and 64, east of Greeley. She added that the nearest water supply is in Greeley. The
location of this facility will help cut down on truck traffic which in turn will help maintain the County Roads
The applicants are also hoping to preserve the water resources by recycling the wastewater. Some of the
representatives did have a chance to meet with a few of the neighbors who had voiced concerns and hopefully
some of the concerns were satisfied. Conquest has been operating injection wells for 19 years. They have
five facilities in Weld County and have never had an issue or an incident of water contamination. They work
very hard to find locations that meet all the criteria and to make sure that these sites are the least conflicting
with the neighbors.
Dale Butcher, Conquest Water Services, commented that there are 60 to 70 round trips per day and are
spread generally from late morning until mid-evening, around 8 pm. Commissioner Hall asked if there is a
limitation for the amount of water that can be accepted and if so does it limit the number of trucks. Mr.
Butcher stated that the Oil and Gas Commission dictates the pressure at which they can inject the water and
that dictates how much water they can put down the well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
• Virginia Harvey, 37321 Hwy 392,wished to thank the applicants for coming to visit with them on this proposal.
At first she understood the proposal; however after more thought they have more questions. She stated that
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• the pictures are not a true representation of this area. During the visit one of the applicants mentioned that
"the nasty stuff will be injected into a 10,000 foot well". She inquired what the nasty stuff is. She asked what
components besides the water, bentonite, and silicone sands are used to drill and fracture these oil wells. In
addition, she asked what preparations have been in the future if the granite is lubricated and moves and
creates earthquakes similar to those that occurred in the 1960's at a 12,042 foot well on the Rocky Mountain
Arsenal. She stated that this area has many wildlife such as bald eagles, golden eagles, the State bird Lark
Bunting, bluebirds and many other birds. She asked the applicants to please consider another remote area.
She noted that there have been 23 deaths on Highway 392 in the past 4 or 5 years from Windsor to
Briggsdale due to accidents.
Bill May, CR 80, quoted a rancher from the area"The West is more than potential gas and oil fields. It is a
way of life for those who work, live, and play there." He added that there is a main pickup area for the
Briggsdale School District on Highway 392. In the mornings and evenings there are approximately 10 families
which load and unload students. The speed going through there is about 65 mph on average. He has serious
concerns about that traffic angle because it is not an easy angle to make. There needs to be some kind of
traffic lanes so that the trucks can make it. County Road 74 does not hold up to the traffic that it has now.
With more trucks it will be a continual problem in terms of maintaining that road.
Mr. May said that there is also a real problem with fire hazard. He recalled a fire in Galeton at one of these
facilities and four people ended up in the hospital. The Briggsdale Fire Department is an excellent group and
they work very hard but if there is a fire out there and on a dry, windy day it would spread so fast. There are
people who have lived in the area their whole lives and now it will be ruined not only because of the traffic but
also the light. There needs to be a plan for light pollution control.
In addition, Mr. May stated that they all would like their wells checked and maintained to make sure that they
don't have any problems with their wells. He hopes that the Planning Commission will look at the traffic
pattern again because there is a lot more traffic than what is indicated. He commented that they all have lost
• dear friends on that road. Mr. May indicated that in his conversations with Mr. Butcher he suggested placing
this facility on another location; however Mr. Butcher indicated that it might cost too much. Mr. May asked how
much is life worth to not check out other areas.
James Dilka, 34528 CR 74, commented that he is the Assistant Chief of the Briggsdale Fire Department. He
pointed out that at the intersection there is a highway that is posted at 65 mph. If you have turn ins at 300 feet
there will be truck accidents. Coming onto County Road 69 you have to cut this angle. This is not a very well
designed intersection. To actually make it with a semi without a vehicle moving out of the way is impossible.
The site is 11 acres of flood zone and no one seems to want to address that.
Mr. Dilka stated that there is a culvert from this site across the highway leading to Crow Creek. If there is a
waste problem on this site and there is a 3 inch rain, it will wind up in the creek and he will not be happy about
that. There is a heavy truck count on this highway to start with and there are no pull-offs. The company was
asked to move the site by the parcel owner to the north edge of the parcel to get it away from this intersection;
however they don't want to do that because then they don't have direct access to this paved road. The
intersection doesn't work now and it will work even less with the increased amount of truck traffic. He believes
that we should be drilling but stated that this is a bad facility site and asked to have the site moved.
Ben Brown, 35954 CR 69, commented that he lives catty-corner from this proposed facility. He echoed many
of the items that were already mentioned. He said that when they talked about monitoring for the shallow
water he wondered what depth they would be monitoring at.
Mr. Brown suggested paving the lane that is going up to the facility to help with dust control. He has lived out
there since 1972 when it was a dirt road and traffic wasn't an issue. Since Highway 392 was finished being
paved to Briggsdale it has been a race track. All of the traffic studies on County Road 74 do not show the
problems on Highway 392. He is pro-oil and pro-gas, but believes that this needs to be managed the best
possible way. He stated that he understood that there is an injection facility within five (5) miles of that
• location.
Terri Jeffryes, 34097 CR 74, commented that they are the closest home to this proposed site. Her neighbors
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• have all said what really needs to be thought about. She commented that no one visited her house regarding
this proposal and asked how many injection wells are they going to drill and how deep. She questioned how
many total tanks they are planning to construct. She stated that there are a lot of concerns regarding this
proposal and asked the Planning Commission to reconsider the approval of this application.
Leonard Harvey, 36812 CR 80, commented that they talked about traffic on County Road 74 but didn't hear
anything about the truck traffic on Highway 392. He is concerned with the nasty stuff that is being injected into
the 10,000 foot reservoir and asked if there have been geological studies presented on this. What guarantees
do they have that in 10 years the proposal of 30 million barrels of contamination going into the ground isn't
going to affect their wells, livelihood and lifestyle? He asked to get studies on the wildlife, geology, and the
lifestyle for everyone out there.
Kim Pfeiff, 36500 Hwy 392, wished to echo the previous comments, most importantly the water and truck
traffic. There are young drivers in the area and they do their best to tell them how to react with truck traffic.
She asked to reconsider the placement of the site.
Scot and Chelle Wahlert, 36750 CR 65, commented that they are Wahlert Land and Livestock and own all of
the surrounding ground. They run 100 to 130 head of mother cows and calves so in the event of a prairie fire
they will be the first to lose. They moved to the area 12 years ago and not only was it a ranching lifestyle but it
is an investment. They own 2,700 acres and bought 3,200 acres and have sold residential property down
County Road 69. This proposal will diminish the value of their property and ability to do any more sales of
property. Ms. Wahlert indicated that they also privately, along with a couple other citizens, paid for all the
electricity on County Road 69 so that is a personal investment in the growth and development in that area.
Ms. Wahlert had a lot of questions regarding the management policies of this facility such as how the tanks
will be maintained, security issues, and the monitoring of any leaks. The facility doesn't fit the rural ag
residential lifestyle that is out there. If this application moves forward they would certainly like to see some
• structures, trees, fencing, or landscaping to help them.
Ms. Wahlert asked about the construction of the casing. In addition, she asked how many of the current six
facilities have been abandoned successfully and what the timeframe is of the exit strategy. Their water well is
450 feet deep and want to know today what their water is as well as 3 months from now, 6 months from now,
and as the facility progresses. Mr.Wahlert commented that if the water is contaminated it ruins their livelihood
with having 2,700 acres that they run their cattle on.
Frank Harvey, 37321 Hwy 392, stated that this is an agricultural area. It has not been zoned commercial or
industrial and added that this is an industrial site that will disrupt their way of life. They moved out there to
have the peace and quiet and enjoy the wildlife. He witnessed the earthquakes in the 60's caused by a deep
well on the Rocky Mountain Arsenal measuring 5.2 on the Richter scale. He asked how we know that this
deep well is not going to lubricate the structure down there and cause more earthquakes.
Jim and Debby Sullivan, 38125 CR 69, stated that when they talked to Mr. Butcher he said that this dead sea
bed that is 10,000 feet under the ground goes all the way to Nebraska. She added that there has got to be
another place that they can find that is just as good as this corner. Mrs. Sullivan lives on County Road 69 and
has to come to this corner to get out and make her turn. She doesn't know what those truckers are going to
do when they have to pull out on County Road 74 and do the same thing going the other direction. She
understands that the pumps do not make that much noise; however what about the trucks? She will hear the
downshifting and braking from the additional trucks.
Mr. Sullivan commented that the fact that all the neighbors are here shows what a community they have in the
Briggsdale area. There have been numerous disadvantages as to why it shouldn't be out there such as public
safety, traffic noise, lighting,fire district issues, pollution, possible oil spills, and visual pollution. There will be
47 tanks, some of them 20 feet high and it will be a blight on the community. He quoted the Weld County
Website"The Planning Commission must consider not only the factors related to an individual parcel of land
• but also how the use of the land affects the surrounding area and the community as a whole." He believes
that they have adequately demonstrated that this proposal does not support the community whatsoever. He
encourages the denial of this application.
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• Avram Yaffe, 38485 CR 69, said that he bought this property after becoming a disabled war veteran. He
chose this area because of the peace and quiet. Right now there is already noise created from machinery and
equipment but as this proposal goes in there will be additional problems. He has five (5) children and
reiterated that this intersection is a nightmare. He noted all the wildlife in the area and inquired what will
happen to them.
Rob Pfeiff, 36500 Hwy 392, encouraged the Planning Commission members to drive out to this corner and
look. He added that if you make the turns you will understand what they are talking about.
The Chair called a recess at 3:51 pm and reconvened at 3:58 pm.
The Chair asked the applicant to address the questions presented.
Andy Peterson, Peterson Energy Management, stated that he is a Registered Professional Engineer in the
State of Colorado and has a Petroleum Engineering Degree from the Colorado School of Mines. He added
that he has been involved with drilling approximately 1,000 wells in Weld County over the last 30 years.
The chemical components of what is being pumped into the well is 99.5 percent water and sand and about.5
percent of non-toxic proprietary chemicals that will get disclosed by the industry in a fairly short amount of time
as part of the EPA's review of the hydraulic fracturing process. The water that Conquest is going to be
disposing of is cleaned up significantly from this fracturing fluid. He said that it is not correct to say anymore
that we inject the nasty stuff underground; however that was true in the old days.The stuff that gets injected
now is quite a bit cleaner than what comes out of the ground as fracturing fluid or returned fracturing fluid. It
gets filtered and treated for bioside then the sand and oil are removed. You can look at the water that gets
injected into the well and it is near clear water. The nasty stuff gets separated out in the facility and does not
get injected underground.
The well will be drilled starting with a 10 inch hole and it will go down approximately 600 feet. By law they
need to go 50 feet beyond the 450 well of the neighbor and will probably go 150 feet below that. Then an 8
inch casing is cemented into the 12 inch hole. So you have a string of steel casing cemented at 600 foot back
to the surface. Then they drill out the middle of that 8 inch casing and go down to 10,000 feet and run a string
of about 5 inch casing and again cement that back from bottom to top. The water well is protected by two
strings of steel casing and two concrete grout layers plus when they inject they inject into a third string of
tubing with a pack off device that is set above the injection intervals so you have another barrier. They monitor
all of these annular spaces and report it to the Oil and Gas Commission. The drilling of the well will not affect
the groundwater at all.
There are approximately 15 disposal wells in Weld County injecting roughly the same stuff and at the same
volume that this proposed well is estimated to inject. There is approximately 2 million gallons of water going in
the ground in Weld County every day and has been for years. They are not aware of any reported
earthquakes and any contaminated water supplies and any public health instances from any of these 15 wells
over the last 20 years. Therefore the public safety aspect of injecting this water into the ground is really a non-
issue.
Mr. Peterson addressed the question about earthquakes. The well in Denver in the 1960's injected into the
basement rock below the 10,000 foot of soil and sedimentary rock. For some reason, injecting into the
basement rock lubricated some planes or faults down there and did lead to measurable earthquakes;
therefore they stopped injecting into that well and have had no reported earthquakes since. All of these EPA
Class I and Class II disposal wells inject into the sedimentary rock down to a depth of about 10,000 feet;
however that is still a couple thousand feet above the basement rock. He added that they are 850 feet from
anyone else's underground source of drinking water.
All of the injection volumes are reported monthly to the Colorado Oil and Gas Commission and all of the
• records are available to the public. The presence of the well is not going to hurt the drinking wells or the
neighboring properties.
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• Commissioner Holton asked how many tanks will be there. Mr. Butcher said that injection process will have
23 tanks that are outside in concrete secondary containment berms. The recycling process will be indoors
and all seven (7) of those tanks will be inside. A maximum of 23 tanks will be outside and visible.
Commissioner Holton asked about the solid waste. Mr. Butcher said that the solid waste is tested and taken
to a landfill. There is not a lot of solid waste as the filters end up with dead bacteria in them and sand. They
dry them and put them in a bin and Waste Management takes it to the landfill. Recycling facilities create some
waste. The waste is dried by letting it sit in the sun in a tank that doesn't have a cover on it. The sun dries it
and then it is hauled to the landfill. He stressed that there is no toxic waste.
Commissioner Holton asked how many wells there will be. Mr. Butcher replied that there will be one(1)well at
this facility. He added that there will also be a water well which will be the closest water well to this facility.
Commissioner Holton said that there seems to be concern with fire. Mr. Butcher said that they will certainly
work with the Fire District on that and keep the brush away from the facility. They will do the prudent things to
make sure that they won't start a fire. Mr. Holton asked if there is a fire plan. Mr. Butcher said that they have
to have a plan with the Fire District before they operate.
Commissioner Hall said that there were a lot of questions regarding monitoring wells. He asked if they are
required by the State to put in monitoring wells. Mr. Butcher said that before they buy the property they drill
four (4) monitoring wells and study the soil, water and water flow in each of those wells. They determine
whether the soil on the site is contaminated. They will check the water and that will give them a baseline for
the immediate subsurface water which is 12 feet in some places,40 feet in others. If there is contamination in
that water it is telling them that there is something wrong at the facility at the surface. The monitoring wells are
checked by an independent engineering firm that keeps custody of the water. He noted that they did
misspeak earlier as they found that a couple of years ago at one of their facilities they do have contamination
in the 20 foot level of water(immediate subsurface water). They are remediating it and should be done in 1 or
• 2 years. The area of contamination has been shrinking ever since it was found.
Commissioner Berryman said that there was mention about the nuisances on site and asked if anything can
be done on truck traffic to be controlled. Mr. Butcher said that they will do everything they can to reduce truck
traffic. The trucks are already on the road and now they travel a lot further to get to a facility like this than they
will when this facility is built. They are going to reduce the truck traffic, at least distance wise. Mr. Berryman
asked if they compete with Apollo. Mr. Butcher said that Apollo is a minor competitor and that facility can only
take 20 percent of what this proposed facility can take.
Commissioner Grand asked if they looked at any other sites. Mr. Butcher said that they looked at a lot of other
sites. He stated that when they look at different sites they determine in the general area where one is needed.
Then they look for good paved roads near areas that don't have high density of residences and this location
fits that need. Mr. Grand noted that it was mentioned that it would reduce the overall traffic which is the
greater good of the State of Colorado; however his concern is that it is heightened by the comments from the
citizens. He is concerned that although this may be an optimum site location there is a potentially serious
traffic problem on Highway 392. Mr. Butcher said that the traffic is already on Highway 392 and is traveling 20
miles further into Greeley. However, Mr. Grand said that the trucks are not turning.
Commissioner Berryman asked what can be done to minimize the lighting on site. Mr. Butcher said that they
minimize the lighting at all of their sites and added that there will be a lighting plan submitted to the County and
will work with anyone who has an interest in working with them on the lighting plan. He added that lighting
doesn't become a major issue after 10:00 pm because they don't have trucks coming in and out of the facility.
Mr. Berryman said that there was a question about an abandonment plan and asked them if there is anything
in place. Mr. Butcher said that they have to file an abandonment plan with the County which basically takes
the property back to its original topography.
• Commissioner Lawley asked if a referral was sent to the Colorado Division of Wildlife and if so did they
comment. Mr. Ogle said that there was a referral sent to the Division of Wildlife; however they did not
respond. There was also a referral sent to CDOT and they also did not respond.
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• Commissioner Holton asked if there is a drainage plan. Mr. Butcher said that there is a drainage plan
prepared by their environmental engineering firm CGRS and has already been submitted. Clay Kimmi, Public
Works, stated that they have submitted a preliminary drainage report where they are proposing a retention
pond on the site. The site is so flat that they cannot accommodate a detention pond so they will be
accommodating 1.5 times the 100 year 24 hour event. Mr. Holton clarified if it would be discharged into the
Crow Creek. Mr. Kimmi said it would back up onto their site and then it would eventually flow into Crow Creek.
Mr. Holton asked how much rain is that. Mr. Kimmi could not recall but said it was on the order of 2.5 inches
over a 24 hour period.
Commissioner Hall said that there has been quite a bit of discussion on traffic at this location and asked if
there is a traffic study on Highway 392. Ms. Carter said that Highway 392 is not maintained by Weld County,
but rather by CDOT. Ms. Carter added that she looked up the traffic study that they did in 2009 along that
corridor and the traffic was approximately 5,000 trips per day.
Commissioner Grand asked what the percentile of speed traveled on Highway 392 is. Ms. Carter said that
their traffic counts are raw so they do not indicate the amount of truck traffic nor do they indicate the 851h
percentile. She assumed that it being posted at 65 mph you can estimate that it would be 70 mph or
potentially higher.
Commissioner Lawley believes that there is a safety issue given the traffic situation and asked if there are any
alternatives. Ms. Carter said that because it is not under the County's jurisdiction the best they can do is
contact CDOT's traffic engineer and discuss with them the concerns that the Planning Commission has at that
intersection and make a suggestion that they do an improvement on that location. However,there is nothing
that they can do as a County that would require them to make any adjustment on Highway 392. She stated
that she would be happy to make that suggestion based off the discussion today.
• Commissioner Grand agreed with Mr. Lawley and said that he believes that it is wholly inadequate. He added
that they have an option to deny the recommendation for approval. We support oil and gas and 49.9 percent
of our tax revenue comes from the oil and gas industry but quite frankly putting folks at risk is far too great an
expense to pay.
The Chair asked the applicant if they read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1747, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of denial, seconded by Mark Lawley.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes with comment; Erich Ehrlich,absent; Robert Grand,yes; Bill Hall,yes with comment;Alexander
Zauder, absent; Jason Maxey, absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion
carried.
Commissioner Berryman commented that there is sufficient concern regarding the traffic at that
intersection. He suggested some additional study in the future.
Commissioner Hall suggested that the applicant work with the County and State to see if we can get
something to resolve the traffic issue.
Commissioner Lawley stated that he believes public safety is an issue and the intersection poses an issue
for public safety not only for the citizens of that community but other people who use the highway and the
county road that intersects with that highway.
• Commissioner Holton cited Section 23-2-220.3 based on the traffic count. He has no doubt in his mind
that injection wells are safe but the traffic situation changes the whole picture.
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