HomeMy WebLinkAbout20090197.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1679 FOR AN OIL AND GAS SUPPORT FACILITY (CLASS II - OILFIELD
WASTE DISPOSAL FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - JLW
INVESTMENTS, LLC
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 28th day of
January, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of JLW Investments, LLC, 351 Glencoe Street, Denver, Colorado 80220, for a Site
Specific Development Plan and Use by Special Review Permit #1679 for an Oil and Gas Support
Facility (Class II - oilfield waste disposal facility) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption #748, being part of the
NE1/4 of Section 18, Township 6 North, Range 63
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Jesse White at said hearing, 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.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinance in effect.
Section 22-1-140.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." Section 22-1-140.6.1 (EP.Policy 2.1) states, "In reviewing the
operational and reclamation plans for solid and brine waste disposal
facilities, the County should impose such conditions as necessary to
minimize or eliminate the potential adverse impact of the operation on
surrounding properties and wildlife resources." The injection well facility has
2009-0197
0
d P ft //< T)fP&Xt
SPECIAL REVIEW PERMIT #1679 - JLW INVESTMENTS, LLC
PAGE 2
been reviewed by the Colorado Division of Wildlife which, in the referral
dated November 12, 2008, indicated no conflicts with its interests. The
Conditions of Approval and Development Standards will ensure compatibility
with existing surrounding land uses.
b. Section 23-2-230.6.2 -- 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 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed facility is located
approximately 500 to 600 feet from three existing residences within the
platted Townsite of Barnesville, and approximately 250 to 300 feet north of
an existing residential lot. Unimproved parcels are located to the north and
east of the site, and an agricultural parcel is located to the south (across
State Highway 392). The applicant is proposing to haul predominately
during daylight hours. The application limits the total number of truck to 30
per day (any further increase in trips will require CDOT approval) and will be
accessing the site via a State Highway. The Conditions of Approval and
Development Standards will ensure compatibility with existing surrounding
land uses.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code, and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site does not lie within the three-mile referral area of any
municipality and/or county.
e. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V,
of the Weld County Code. The existing site is not within a recognized
overlay district, including the Geologic Hazard, Flood Hazard, or Airport
Overlay District. Effective January 1, 2003, building permits issued on the
proposed lots 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 proposed lots will be required to adhere to the fee
structure of the Capital Expansion Impact Fee and the Stormwater/Drainage
Impact Fee Programs.
f. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is classified as "Irrigated Land - Not Prime," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
2009-0197
PL2000
SPECIAL REVIEW PERMIT #1679 - JLW INVESTMENTS, LLC
PAGE 3
g.
Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), 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 JLW Investments, LLC, for a Site Specific Development
Plan and Use by Special Review Permit #1679 for an Oil and Gas Support Facility (Class II - oilfield
waste disposal 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 in accordance with Section 23-2-260.D of the
Weld County Code.
B. All sheets of the plat shall be labeled USR-1679.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan.
3) Seventy-five (75) feet from the centerline of State Highway 392 shall
be indicated as right-of-way on the plat.
4) The approved Lighting Plan.
D. All required Air Emissions Permits must be filed with the Air Pollution Control
Division of the Colorado Department of Public Health and Environment.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. 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.
F. If appropriate, a Stormwater Discharge Plan shall be submitted to the Weld
County Department of Public Health and Environment and the Colorado
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.
2009-0197
PL2000
SPECIAL REVIEW PERMIT #1679 - JLW INVESTMENTS, LLC
PAGE 4
G. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated November 13, 2008. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
H. The applicant shall enter into an On -site (Private) Road Maintenance
Agreement and post adequate collateral for access, drainage, and
landscape/screening improvements. The agreement and form of collateral
shall be submitted to, and reviewed by, the Departments of Planning
Services and Public Works and accepted by the Board of County
Commissioners prior to recording the plat, or, the applicant may submit
evidence that all work has been completed and approved by the
Departments of Public Works and Planning Services.
The applicant shall submit a Screening Plan to the Department of Planning
Services, for review and approval. The plan shall address screening of the
facility from the residences to the south and west of the site. If the
Screening Plan includes landscaping, an Irrigation Plan shall be submitted
with the Screening Plan, outlining the source of irrigation and irrigation
schedule for the landscaping to be installed on the site.
J. A Lighting Plan, including cut sheets of the intended lights, shall be provided
to the Department of Planning Services, for review and approval. The
Lighting Plan shall adhere to the lighting requirements for off-street parking
spaces, per Section 23-4-30.E of the Weld County Code, and shall adhere
to the lighting requirements, in accordance with Sections 23-3-360.F and
23-2-250.D of the Weld County Code. Further, the approved Lighting Plan
shall be indicated on the plat.
K. The applicant shall either submit, to the Weld County Department of
Planning Services, a copy of an agreement with the property's mineral
owners/operators stipulating that the oil and gas activities have adequately
been incorporated into the design of the site, or, show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owners. Drill envelopes may be delineated on the plat, in accordance with
the State requirements, as an attempt to mitigate concerns. The plat shall
be amended to include any possible future drilling sites.
L. 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
2009-0197
PL2000
SPECIAL REVIEW PERMIT #1679 - JLW INVESTMENTS, LLC
PAGE 5
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 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 maps@co.weld.co.us.
4. Prior to final approval of pending building permits:
A. A concrete secondary containment structure (floor and walls) surrounding
each tank or battery of tanks shall be constructed. The volume retained by
the structure shall be 150 percent greater than the volume of the largest
tank inside the structure. A registered professional engineer shall design
the structure. The structure shall prevent any release from the tank system
from reaching land or waters outside of the containment area. The operator
shall provide evidence from the engineer, to the Weld County Department
of Public Health and Environment (WCDPHE) indicating that the structure
has been constructed to meet this criterion. The WCDPE will consider
structures other than those constructed of concrete so long as a registered
professional engineer provides a certification indicating that the proposed
structure meets, or exceeds, the expected functionality of a concrete
structure in regard to containment, spills, unintended releases, etcetera.
B. A detailed design of the receiving area and contamination system shall be
submitted to the Weld County Department of Public Health and
Environment, for review and approval. The receiving area shall be concrete,
include a chemical resistant coating, and shall be able to contain all spilled
wastes, stormwater, wash down water, and the volume of 150 percent of the
largest truck/container disposing at the facility. The design shall also
include the method in which seams/cracks will be sealed to prevent leakage
through the pad. The receiving area and containment system shall be
constructed and operated in accordance with the approved design.
C. 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 that the facility was constructed in
accordance with the application materials.
D. A copy of the drilling log shall be submitted to the Weld County Department
of Public Health and Environment.
E. An Individual Sewage Disposal System (I.S.D.S.) Permit is required for
sewage flow from the proposed operations building. The system must be
designed by a Colorado registered professional engineer and in accordance
2009-0197
PL2000
SPECIAL REVIEW PERMIT #1679 - JLW INVESTMENTS, LLC
PAGE 6
with Weld County I.S.D.S. Regulations. The design must be submitted to
the Weld County Department of Public Health and Environment, for review
and approval, prior to installation.
F. Solids and sediment will accumulate in the storage tanks. The facility shall
submit a detailed plan which describes the method those solids will be
removed, including all on -site handling procedures and disposal. Any
amendments to the approved plan shall be submitted, in writing, to the Weld
County Department of Public Health and Environment for approval. The
plan shall be reviewed and approved by the Department of Public Health
and Environment.
G. A detailed Closure Plan shall be submitted to the 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.
H. The facility shall post financial assurance with the Colorado Oil and Gas
Conservation Commission (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. In the event the COGCC does not have the
authority to require financial assurance for the entire cost required for
third -party closure, the facility shall post the remainder of the financial
assurance with Weld County. The facility shall submit evidence to the Weld
County Departments of Public Health and Environment and Planning
Services that the appropriate financial assurance has been obtained.
5. Prior to the release of building permits for any future construction, alterations, or
change of occupancy:
A. A building permit shall be obtained prior to the construction of any new
building, tanks, or support facilities.
B. A building permit application must be completed and two complete sets of
plans, including engineered foundation plans bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted for review.
A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required.
C. Buildings shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted
by the County and are being enforced: The 2006 International Building,
2009-0197
PL2000
SPECIAL REVIEW PERMIT #1679 - JLW INVESTMENTS, LLC
PAGE 7
Residential, Plumbing, Mechanical, Fuel Gas and Energy Conservation
Codes, and the 2008 National Electrical Code.
D. A plan review shall be approved, and a permit must be issued, prior to the
start of construction.
E. A letter from the Galeton Fire Protection District shall be submitted
indicating whether or not a permit will be required from the Fire Protection
District.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of January, A.D., 2009.
ATTEST:
Wel . ounty Clerk to the Bo
BY.
u
Dept] Cler t., the Board
APPROVED AS TO ORM:
/Count$ Attorney
Date of signature. I loA
David E. Long
BOARD OF COUNTY COMMISSIONERS
ELD CO NT_., OLORADO
I
Douglas'•ademach Pro-Tem
Sear P. Conway
a Kirkmeyer
1 27,-
J
2009-0197
PL2000
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JLW INVESTMENTS, LLC
USR #1679
1. The Site Specific Development Plan and Use by Special Review Permit #1679 is for an Oil
and Gas Support Facility (Class II - oilfield waste disposal facility) in the A (Agricultural)
Zone District, 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 the site when the
facility is receiving waste.
5. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted,
installed, maintained, and operated in compliance with all I.S.D.S. provisions of the Weld
County Code.
6. Adequate drinking water, hand washing, and toilet facilities shall be provided.
7. No disposal of waste, other than Class II, as currently defined by the Environmental
Protection Agency, is permitted. Any changes from the approved Class II use would
require an amendment to this Use by Special Review Permit.
8. Any wastes generated on 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.
9. The maximum permissible noise level shall not exceed the industrial limit of 70 decibels,
as measured according to Section 25-12-103, C.R.S.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
11. All chemicals stored on the site must be securely stored on an impervious surface, and in
accordance with manufacturer's recommendations.
12. The facility shall comply with Colorado Air Quality Control Commission Regulations and any
air permits issued by the Colorado Department of Public Health and Environment, Air
Pollution Control Division.
13. All liquid wastes received at the facility shall be unloaded on the concrete unloading pad,
which shall be cleaned at a frequency which prevents oils and other wastes from building
up on the pad. At a minimum, the pad shall be washed daily, with a jet hose, to remove any
waste build-up. During winter months, the facility shall maintain the unloading pad free of
ice.
2009-0197
PL2000
DEVELOPMENT STANDARDS - JLW INVESTMENTS, LLC (USR #1679)
PAGE 2
14. Any analysis of waste shall be forwarded to the Weld County Department of Public Health
and Environment, Environmental Health Services Division. The Division reserves the right
to require additional, more extensive monitoring at a later date.
15. The facility must comply with the laws, standards, rules, and regulations of the Air Quality
Control Commission, the Water Quality Control Commission, the Hazardous Materials and
Solid Waste Division, the Colorado Oil and Gas Conservation Commission, any other
applicable agency, and the Weld County Code.
16. Any liquid or solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
17. Any petroleum -contaminated soils on the facility shall be removed, treated, or disposed of
in accordance with all applicable rules and regulations.
18. 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.
19. The facility shall comply with the approved Groundwater Monitoring Plan.
20. 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 Weld County Department of Public Health and
Environment or the Colorado Department of Public Health and Environment, a
comprehensive site -wide Stormwater Plan shall be developed and implemented. The Plan
must be approved, in writing, by the Weld County Department of Public Health and
Environment and the Colorado Department of Public Health and Environment, prior to
implementation.
21. All contaminated soils shall be stored on an impervious surface where any stormwater that
comes into contact with the soils would be contained.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
24. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds exist
on the property, or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds.
25. The maximum number of employees employed at the site shall be two (2).
2009-0197
PL2000
DEVELOPMENT STANDARDS - JLW INVESTMENTS, LLC (USR #1679)
PAGE 3
26. The maximum number of trucks currently permitted to access the site shall be thirty (30).
Any proposed increase in truck trips above thirty (30) per day will require written approval
from the Colorado Department of Transportation.
27. 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, 2006 International Residential Code, 2006 International
Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas and
Energy Code, 2008 National Electrical Code, and Chapter 29 of the Weld County Code.
28. Hauling hours shall be limited to 7:00 a.m., until 7:00 p.m., daily.
29. The screening on the site shall be maintained in accordance with the approved Screening
Plan.
30. Sources of light, including light from high -temperature processes such as combustion or
welding, shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties.
Neither 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.
31. 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.
32. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
33. 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.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
36. 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.
37. 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
2009-0197
PL2000
DEVELOPMENT STANDARDS - JLW INVESTMENTS, LLC (USR #1679)
PAGE 4
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
38. 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.
2009-0197
PL2000
Hello