HomeMy WebLinkAbout20101848.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1747 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 OIL
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 18th day
of August, 2010, 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 Oil,
8207 West 20th Street, Suite B, Greeley, Colorado 80634, for a Site Specific Development Plan
and Use by Special Review Permit#1747 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:
Lot A of Recorded Exemption #5008, being part of
the E1/2SE1/4 of Section 34, Township 7 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Dale Butcher, Conquest
Oil, 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 unfavorable
recommendation of the Weld County Planning Commission and all of the exhibits and evidence
presented in this matter and, having been fully informed, finds that this request shall be
approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1 (A.Goal 1) promotes the preservation of prime
farmland for agricultural purposes which foster the economic health and
continuance of agriculture. The proposal does not affect the productivity
of the site.
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SPECIAL REVIEW PERMIT #1747 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA
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b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses.
d. Section 23-2-230.8.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area as permitted
by the existing zoning and with the future development as projected by
Chapter 22 of the Weld County Code, and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval, and Development Standards ensure that
there are adequate provisions for the protection of 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 Oil, for a Site Specific Development Plan and Use by Special Review Permit #1747
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:
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-1747.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan, to address the outdoor storage of
materials, including the trash dumpster associated with this
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facility, which shall be screened from adjacent properties and
public rights-of-way.
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 buildout. 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.
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 buildout. 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.
5) The applicant shall provide a vehicle paved tracking pad,
extending from County Road 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 will be required if the second option
above is utilized.
6) The applicant shall indicate 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".
7) All parking for this site must be off-street and internal and shall be
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.
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.
D. The applicant shall submit a revised Drainage Report incorporating the
redline comments to the Department of Public Works. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
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E. The applicant must address the requirements and concerns of the
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.
F. All required Air Emissions Permits must be obtained from the Colorado
Department of Public Health and Environment (CDPHE), Air Pollution
Control Division. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
G. A Groundwater Monitoring Plan shall be submitted to the Weld County
Department of Public Health and Environment, for review and approval.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
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.
The applicant shall enter into an Improvements Agreement for on-site and
off-site improvements and road maintenance. Evidence of Department of
Public works approval shall be submitted, in writing, to the Department of
Planning Services. The applicant, or its successor, shall construct a right
westbound acceleration lane on County Road 74, when traffic volumes
meet the triggers of 50 vehicles per hour (vph) turning right out of the
facility, during the peak hour. The applicant, or its successor, shall
construct a left eastbound deceleration lane on County Road 74 when
traffic volumes meet triggers of 10 vph turning left into the facility, during
the peak hour. Final construction drawings must be submitted to the
Department of Public Works, by the applicant or its successor, and shall
be reviewed and accepted by the Department of Public Works, prior to
the start of construction of any of these auxiliary lanes. A Colorado
Department of Transportation (CDOT) approved Access Permit for the
facility shall be submitted to the Department of Public Works. If, at some
future date, the CDOT permit requires auxiliary turn lanes to be
constructed on State Highway 392, the applicant, or its successor, shall
pay to CDOT the applicant's proportional share of the auxiliary turn lanes
improvement costs (based on the ESAL calculation method), if required
by CDOT.
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.
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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.
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.
M. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within
sixty (60) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
4. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge may be added for each additional three (3) month period.
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
(CDPHE), Water Quality Control Division, to cover stormwater discharges
from construction sites (5 CCR-1002-61). Alternately, the applicant may
provide evidence from CDPHE that they are not subject to the these
requirements.
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 Best Management Practices
(BMP) to be utilized, typical installation and maintenance notes for each
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BMP to be utilized, and a copy of the approved Construction Stormwater
Discharge Permit from the CDPHE.
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.
B. Buildings 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,
2008 National Electrical Code, and Chapter 29 of the Weld County Code.
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. The applicant shall
include a Code Analysis Data sheet from the Weld County Department of
Building Inspection for each structure which 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 registered
professional architect or engineer.
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 requirements. Offset and setback
requirements are measured to the farthest projection from the building.
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.
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, the Weld County Department of Public Health and
Environment (WCDPHE). The concrete unloading pad shall be
constructed and operated in accordance with the approved design.
G. The applicant shall submit evidence to the WCDPHE, Department of
Planning Services, and the Colorado Oil and Gas Conservation
Commission (COGCC) that the facility was constructed in accordance
with application materials.
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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.
I. A Detailed Closure Plan shall be submitted to the WCPHDE and the
COGCC. The Closure Plan shall include a description of the manner in
which the well will be plugged and abandoned, as well as specific details
regarding reclamation of the property. No structures or equipment
associated with the facility shall remain on the property following closure.
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.
K. A copy of the drilling log shall be submitted to the WCDPHE.
L. The applicant shall provide evidence to the WCDPHE that a well has
been appropriately permitted and installed to provide for sanitary use at
the facility.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of August, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
\s`•
ATTEST: • /.� �q �!_ -,- aedr AYE
U'r ra:u. Radema her, Chair 1861 = .
Weld County Clerk to the Boar.
SriSED
ra Kirkmeyer, Pro-Tem
BY: � .L .�. � / ' 9EL.�h1 1 k ;:�
Dep Jerk t•� e :oard ' tT AYE
Sean . on a
APPR D AS RM: (AYE)
W 'am P:Garcia
ty ttorney 9,,, (NAY)
David E. Long Y
Date of signature: i f ISI!U
2010-1848
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARCUM MIDSTREAM 1995-2 BUSINESS TRUST
DBA CONQUEST OIL
USR-1747
1. The Site Specific Development Plan and Use by Special Review Permit #1747 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 is 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 the 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 will require an
amendment to this USR permit.
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.
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 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.
8. This facility shall adhere to the maximum permissible noise level of 70 decibels (dBA),
as allowed in the Industrial Zone District, and delineated in Section 25-12-103, C.R.S.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
10. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer recommendations.
11. The facility shall comply with Colorado Air Quality Control Commission regulations and
any air permits issued by the CDPHE, Air Pollution Control Division.
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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 which prevents oils and other
wastes from building up on the pad. During winter months, the facility shall maintain the
unloading pad to be free of ice.
13. Any analysis of waste shall be forwarded to the WCDPHE, which reserves the right to
require additional more extensive monitoring at a later date.
14. 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 which protects against surface and groundwater contamination.
15. Any petroleum contaminated soils on the facility shall be removed, treated, or disposed
of in accordance with all applicable rules and regulations.
16. The facility shall comply with the approved Groundwater Monitoring Plan.
17. 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 WCDPHE and CDPHE.
18. Adequate drinking water, hand washing, and toilet facilities shall be provided.
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. Regulations.
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 74. Transport trucks weighing up to
40 tons will visit the site approximately 60 to 70 times daily, and less on weekends.
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. The applicant shall utilize the existing access and
departure points.
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.
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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 (3)
years or as required.
25. Weld County shall not be responsible for the maintenance of on-site drainage related
facilities.
26. In the event that one or more acre(s) are disturbed during the construction and
development of this site, the applicant shall obtain a Construction Stormwater Discharge
Permit from the Colorado Department of Public Health and Environment, Water Quality
Control Division.
27. All structures shall require building permits.
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.
29. The hours of operation, including the acceptance of wastewater and the transport of
recycled water off-premises, are limited from 7:00 a.m., until 10:00 p.m., daily.
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.
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 Programs.
32. The Use by Special Review activity shall not occur, nor shall any building or electrical
permits be issued on the property, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
35. Weld County Government personnel 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.
36. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
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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.
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.
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