HomeMy WebLinkAbout20092819.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1708 FOR AN OIL AND GAS SUPPORT FACILITY (CLASS II - OILFIELD
WASTE DISPOSAL FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT -
LONE STAR, 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 October, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Lone Star, LLC, c/o Jim Lee, 1701 North Highway 385, Andrews,
Texas 70714, for a Site Specific Development Plan and Use by Special Review Permit #1708
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:
Part of the N1/2 N1/2 NW1/4 of Section 18,
Township 3 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Dan Hull, Lamp
Rynearson and Associates, Inc., 808 8th Street, Greeley, Colorado 80631, 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 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
Section 22-4-140.A (EP.Goal 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 22-4-140 (EP.Policy 2A) states, "In reviewing the
operational and reclamation plans for solid and brine waste disposal
facilities, the County should impose such conditions as necessary to
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SPECIAL REVIEW PERMIT #1708 - LONE STAR, LLC
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minimize or eliminate the potential adverse impact of the operation on
surrounding properties and wildlife resources." The applicant is required
to make improvements to County Roads 34 and 49 to address traffic
safety and dust impacts generated by the facility. In addition, the
applicant is required to submit a Lighting Plan and a Screening Plan to
address compatibility and mitigate impacts on surrounding properties.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code provides for an 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 facility is located
immediately west of the Horton Feedlot (USR-1152 for up to 5,000 head,
approved in 1999). The nearest residence is located approximately 825
feet to the west of the site (north of County Road 34). There are
approximately seven (7) residences along County Road 49 located
approximately 2,300 feet to 3,300 feet from the site. Oil and gas
improvements (tanks batteries) are located immediately to the north of the
proposed facility. Vacant land (with oil and gas improvements) is located
immediately to the north and south of the subject site. The applicant is
proposing to place the facility in a location which is lower in elevation than
the adjacent battery tanks located immediately to the north. The
Conditions of Approval and Development Standards will help to ensure
that the proposed use is compatible with the surrounding area.
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 existing site does not lie within the three-mile referral
area of any municipality.
e. Section 23-2-230.6.5 -- 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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
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proposed use. The proposed site is designated as "other", per the 1979
Soil Conservation Service Important Farmlands of Weld County Map.
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Section 23-2-230.B.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 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 Lone Star, LLC, for a Site Specific Development
Plan and Use by Special Review Permit #1708 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-1708.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan.
3) County Road 34 is designated on the Weld County Road
Classification Plan as a local paved road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. Existing
and/or future right-of-way shall be identified.
4) County Road 49 is classified by the County as a Strategic
Roadway, which requires 140 feet of right-of-way at full buildout.
There is presently 60 feet of right-of-way. This road is maintained
by Weld County. An additional 40 feet from the centerline of
County Road 49 shall be delineated on the plat as future County
Road 49 right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. Existing
and/or future right-of-way shall be identified.
5) The Landscaping (seeding) Plan.
6) The approved Lighting Plan.
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7) The addition of a note stating, "Weld County shall not be
responsible for the maintenance of drainage related structures."
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. A Stormwater Discharge Permit for construction activities shall be
submitted to 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.
G. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated August 13, 2009. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services. These
requirements and concerns include, but are not limited to:
1) Providing the construction drawings acceptable to the County for
the requested road improvements which include:
a. Triggered paving of County Road (CR) 34 between CR 51
and CR 53,
b. A right turn acceleration lane on CR 49,
c. A right turn deceleration lane on CR 49,
d. Paving the internal roadway and widening of the site
access to 60 -foot radii;
2) Within the Improvements Agreement, the Department of Public
Works will consider a proportional share cost of the southbound
left -turn deceleration lane on County Road 49, onto County
Road 34;
3) Providing a Final Drainage Report and Final Site Grading Plan;
and
4) Providing an off -site Geotechnical Report, acceptable to the
County, which includes pavement designs for off -site paving
improvements.
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H. Evidence that the existing well has been converted from residential to
commercial use for this facility shall be provided to the Department of
Planning Services.
The applicant shall enter into an Improvements Agreement (On -site and
Off -site) According to Policy Regarding Collateral for Improvements (Lone
Star Saltwater Disposal Facility USR-1708). Collateral will be posted for
both the on -site and off -site work to be completed. 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 Use by Special Review
plat. Alternately, the applicant may submit evidence that all work has
been completed and approved by the Departments of Public Works and
Planning Services.
J. The applicant shall submit a Screening Plan to the Department of
Planning Services, for review and approval.
K. 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.
L. The applicant shall submit an agreement between the surface developer
and the mineral owners and/or lessees, or provide evidence that an
adequate attempt has been made to mitigate their concerns.
M. A detailed design of the "concrete unloading pad" shall be submitted to
the Weld County Department of Public Health and Environment, for
review and approval. The design shall demonstrate how all spilled
wastes, stormwater, and wash down water will be contained within the
receiving area and concrete sump. The design shall also include the
method in which seams will be sealed to prevent leakage through the
pad. A leak detection system shall be designed and installed beneath the
"concrete unloading pad". The "concrete unloading pad" shall be
constructed and operated in accordance with the approved design.
Written evidence of Department of Public Health and Environment
approval of the "concrete unloading pad" and "leak detection system"
designs shall be provided to the Department of Planning Services.
N. 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 review
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and approval. Written evidence of Department of Public Health and
Environment approval shall be provided to the Department of Planning
Services.
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.
Written evidence of Department of Public Health and Environment
approval shall be provided to the Department of Planning Services.
2. The applicant shall submit three (3) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. 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.
4. 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 one
hundred eighty (180) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
5. 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.
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. 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.
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C. Buildings shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following codes have
been adopted by the County and are being enforced: 2006 International
Building, Residential, Plumbing, Mechanical, Fuel Gas and Energy
Conservation Codes, the 2008 National Electrical Code, and Chapter 29
of the Weld County Code.
D. A plan review shall be approved, and a permit must be issued, prior to the
start of construction.
A letter is required from the Platte Valley Fire Protection District as to
whether a fire permit will be required.
F. 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
Departments of Public Health and Environment and Planning Services
that the structure has been constructed to meet this criterion.
G. A copy of the drilling log shall be submitted to the Weld County
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 operations building. The system must be
designed by a Colorado registered professional engineer, in accordance
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.
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.
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Prior to Final Approval of Building Permits:
A. The applicant shall submit evidence to the Weld County Departments of
Public Health and Environment and Planning Services and the Colorado
Oil and Gas Conservation Commission (COGCC) that the facility was
constructed in accordance with application materials.
8. Prior to Operation:
A. The applicant shall notify drivers of large trucks, through the placement of
a sign on the facility property, that the use of un-muffled jake brakes upon
entering or exiting the facility is prohibited.
B. A Stop sign shall be installed at the access before traffic will enter onto
County Road 34.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of October, A.D., 2009.
r A�
ATTEST: 47.1c44' ''�✓'
Weld County Clerk to the B
BY:
Dep,
to the Board
APPROVED AS TO FORM:
Date of signature: II 0/06I
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY) COLORADO
Douglasrtademacher Pro-Tem
Sea P. Conway
_
arbara Kirkmeyer
FXCLJSED
David E. Long
(AYE)
(NAY)
YE)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LONE STAR, LLC
USR #1708
1. The Site Specific Development Plan and Use by Special Review Permit #1708 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 provisions of the Weld County
Code, pertaining to I.S.D.S. Regulations.
6. Adequate drinking water, hand washing, and toilet facilities shall be provided.
7. 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 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 stored secure, 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 unloading pad. The
concrete unloading pad 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 pressure washed
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DEVELOPMENT STANDARDS - LONE STAR, LLC (USR #1708)
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daily to remove any waste build-up. During winter months, the facility shall maintain the
unloading pad free of ice.
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. 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 and removed for final disposal in a
manner which protects against surface and groundwater contamination.
16. Any petroleum -contaminated soils on the facility shall be removed, treated, or disposed
of in accordance with all applicable county, state, and federal rules and regulations.
17. 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.
18. The facility shall comply with the approved Groundwater Monitoring Plan.
19. 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, prior to implementation by the Weld County
Department of Public Health and Environment and the Colorado Department of Public
Health and Environment.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. No parking or staging of commercial vehicles shall be allowed on County roads.
22. The maximum number of employees employed at the site shall be ten (10).
23. 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.
24. Hauling hours shall be limited to 7:00 a.m., until 7:00 p.m., daily.
25. The landscaping on the site shall be maintained in accordance with the approved
Screening Plan.
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26. 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; and 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.
27. 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.
28. 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.
29. Should 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, pursuant to Section 15-1-40 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. 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.
33. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
34. Weld County shall not be responsible for the maintenance of drainage related structures.
35. The applicant shall obtain necessary right-of-way and access permits from the
Department of Public Works, prior to the start of construction activities within the Weld
County right-of-way. The applicant may contact the Department of Public Works,
Utilities Coordinator, at 970-304-6496, Ext. 3764.
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