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HomeMy WebLinkAbout20082755.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant High Plains Disposal, Inc. Case Number USR-1665 Submitted or Prepared Prior to At Hearing Hearing V 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X • 2 Application X Maps X Deed/Easement Certificate Surrounding Property/Mineral Owners X Utilities N 3 Referral List X Referrals without comment X ti West Greeley Soil Conservation District referral received 7/30/2008 X Weld County Sheriffs Office referral received 7/16/2008 • 4 Referrals with comments X v Weld County Department of Public Health and Environment referral received X 8/13/2008(4 pages) Department of Public Works referral received 8/12/2008(3 pages) X Weld County Zoning Compliance Officer referral received 7/11/2008 X Weld County Department of Building Inspection referral received 8/14/2008 X Colorado Division of Water Resources referral received 7/21/2008 X \ Town of Kersey referral received 8/7/2008 X N. Colorado Department of Transportation e-mail referral received 10/2/2008 X • 5 Surrounding Property Owners/Mineral Owners -Letters 6 PC Exhibits ' 6A Sign posting affidavit ( I as ,1U.1rfn) X • 66 Pictures provided by applicant X 6C Department of Planning Services Memorandum to Planning Commission X -a Planning Cemmicsion Resolution I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. /� • Chris Gathman + Planner EXHIBIT Ilse #I 2008-2755 • Ater; LAND APPLICATION SUMMARYS SHEET COLORADO Case Hearing Date: October 7, 2008 Number: USR-1665 Applicant: High Plains Disposal, Inc. 601 Main Street Suite 215, Grapevine, TX 76051 Representative: Lamp Rynearson &Associates - Brad Curtis 808 South 8`h Street, Greeley, CO 80631 Situs Address: Vacant Parcel Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility and a Solids Recovery System) in the A (Agricultural)Zone District. Legal Description: Lot A of Corrected RE-4519, being part of the N2 of Section 25,T5N, R65W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 54 and approximately 1/2 mile west of County Road 49 • Size of Parcel: 7.657 +/-acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Code Compliance, referral dated 7/11/2008 • West Greeley Soil Conservation District, referral received 7/30/2008 • Weld County Department of Building Inspection, referral dated 8/14/2008 • Weld County Sheriff's Office referral received 7/16/2008 • Weld County Department of Public Works, referral received 8/12/2008 • Town of Kersey, referral dated 8/7/2008 • State of Colorado, Division of Water Resources, referral received 7/21/2008 • Weld County Department of Public Health and Environment, referral dated 8/13/2008 Colorado Department of Transportation, e-mail referral received 10/2/2008 The Department of Planning Services' staff has not received responses from the following agencies: • State of Colorado, Oil &Gas Conservation Commission • State of Colorado, Division of Wildlife • LaSalle Fire Protection District • Union Pacific Railroad • State of Colorado, Department of Health • Environmental Protection Agency EXHIBIT USR-1665, HIGH PLAINS DISPOSAL,INC.page 1 • SPECIAL REVIEW PERMIT � ADMINISTRATIVE REVIEW COLORADO Planner: Chris Gathman Case Hearing Date: October 7, 2008 Number: USR-1665 Applicant: High Plains Disposal, Inc. 601 South Main Street Suite 215, Grapevine, TX 76051 Representative: Lamp Rynearson &Associates - Brad Curtis 808 8th Street, Greeley, CO 80631 Situs Location: Vacant Parcel Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility(Class II Oilfield Waste Disposal Facility) in the A(Agricultural)Zone District. Legal Description: Lot A of Corrected RE-4519, being part of the N2 of Section 25,T5N, R65W of the 6th P.M., Weld County, CO • Location: South of and adjacent to County Road 54 and approximately 1/2 mile west of County Road 49 Size of Parcel: 7.657 +/-acres Parcel Number: 0961 25 200001 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100.A(OG.Goal 5. )states"Oil and gas support facilities decisions which do not rely on geology for locations shall be subjected to review...." This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county. A screening plan, lighting plan and long-term road maintenance and improvements agreement are attached as conditions of approval to address the impacts of the proposed use. • B. Section 23-2-220.A.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 USR-1665,HIGH PLAINS DISPOSAL,INC.page 2 and Gas Support and Service as a Use by Special Review in the A(Agricultural)Zone District. • C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed site is bordered by an agricultural parcel to the east, a parcel with oil and gas production facility(tank battery and wellhead)to the west, and agricultural land to the north (across County Road 54). The Union Pacific Railroad and agricultural land along with oil and gas production facility is located to the south. The two nearest single-family residences are located approximately 1/4 to the west of the site. Development Standards and Conditions of Approval will ensure compatibility with existing surrounding land uses. D. Section 23-2-220.A.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 lie within the three mile referral area of the Town of Kersey. The Town in their referral dated August 7, 2008 state they had reviewed the request and find no conflicts with their interests. However, the Town would like the applicant to work with the County to develop a weed management plan, enter into a long term road maintenance and improvements plan with the Town if traffic increases and negatively impacts Kersey roads, restore the property to useful conditions upon completion of the project, and address exterior lighting should it be a 24-hour operation. These recommendations are addressed as a condition of approval. E. Section 23-2-220.A.5--The application complies with Section 23-5 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. The existing site is within the County- wide Road Impact Fee Area and the Capital Expansion Impact Fee Area. Effective • January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11). 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. (Ordinance 2005-8 Section 5-8-40) 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 -non prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The size of the parcel also does not make it conducive to agricultural practices. G. Section 23-2-220.A.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 health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 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-1665(Department of Planning Services) USR-1665,HIGH PLAINS DISPOSAL,INC.page 3 C. The plat shall be amended to delineate the following: • 1) The attached Development Standards. (Department of Planning Services) 2) The approved landscape plan. (Department of Planning Services) 3) County Road 54 is designated on the Weld County Road Classification Plan as a collector road, which requires 80-feet of right-of-way at full build-out. 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. (Department of Public Works) 4) The approved lighting plan. (Department of Planning Services) D. All required Air Emissions Permits must be filed with 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) E. 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) F. If appropriate, a Storm Water Discharge Plan shall be submitted to the Weld County Department of Public Health and Environment and 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. (Department of Public Health and • Environment) G. The applicant shall address the requirements (concerns)of the Weld County Department of Public Works, as stated in their referral response dated August 10, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) H. The applicant shall enter into 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 for 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. Or the applicant may submit evidence that all work has been completed and approved by the Departments of Public Works and Planning Services. (Departments of Public Works and Planning Services) The applicant shall submit an improvements agreement that addresses the timing and scope of the applicant's participation in paying the costs of improvements to the intersection of WCR 49 and State Highway 34, WCR 47 and State Highway 34, WCR 47 and WCR 54 and WCR 49 and WCR 54 based upon the applicant's proportion of overall use of that intersection. (Department of Public Works) J. The applicant shall submit a Landscape Plan to the Department of Planning Services for review and approval. The applicant shall provide elevations of the proposed berm along with seeding/planting information to the Department of Planning Services. With approval, the Landscape Plan information shall be graphically delineated on the USR Plat. (Department of Planning Services) • USR-1665,HIGH PLAINS DISPOSAL,INC.page 4 K. The applicant shall attempt to address the recommendations of the Town of Kersey as stated in their referral dated August 7, 2008. Written evidence of such shall be provided to • the Department of Planning Services. (Town of Kersey) L. 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 Section 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. (Department of Planning Services) M. 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. (Department of Planning Services) N. 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) 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 sixty(60)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 maps(a)co.weld.co.us. (Department of Planning Services) 4. 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. 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 registered State of Colorado engineer shall be required. (Department of Building Inspection) 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: The 2006 International Building, Residential, Plumbing, Mechanical, Fuel Gas and Energy Conservation Codes, the 2008 National Electrical Code. (Department of Building Inspection) D. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 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% 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 USR-1665,HIGH PLAINS DISPOSAL, INC.page 5 Environment and Planning Services that the structure has been constructed to meet this criterion. (Department of Public Health and Environment) • G. A detailed design of the"concrete unloading pad" shall be submitted to the Weld County Department of Public Health & 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) J. 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) K. 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 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. (Department of Public Health and Environment) L. Solids and sediment will accumulate in the storage tanks. The facility shall submit a detailed plan that 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. (Department of Public Health and Environment) M. 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. (Department of Public Health and Environment) N. 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 structure(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. (Department of Public Health and Environment) 5. Prior to Final Approval of Building Permits: A. The applicant shall submit evidence to the Weld County Department of Public Health and Environment, 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 & Environment) USR-1665, HIGH PLAINS DISPOSAL, INC.page 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT • DEVELOPMENT STANDARDS High Plains Disposal, Inc. USR-1665 1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility(Class II Oilfield Waste Disposal Facility and solids recovery system) in the A(Agricultural) Zone District 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. 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) 6. Adequate drinking water, hand washing, and toilet facilities shall be provided. (Department of Public Health and Environment) 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 would require an amendment to this Special Review permit. (Department of Public Health and Environment) 8. Any wastes generated on the facility shall be disposed 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) 9. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A), as measured according to Section 25-12-103, CRS. (Department of Public Health and Environment) 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 11. All chemicals stored on-site must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 12. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air permits issued by the Colorado Department of Health and Environment Air Pollution Control Division. (Department of Public Health and Environment) 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 that 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. (Department of Public Health and Environment) 14. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental • Health Services Division. The Division reserves the right to require additional, more extensive monitoring at a later date. (Department of Public Health and Environment) USR-1665, HIGH PLAINS DISPOSAL, INC.page 7 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 all applicable Weld County Code. (Department of Public Health and Environment) 16. The"flat tank" and "concrete sump" shall be appropriately covered and protected to prevent people and wildlife from entering. (Department of Public Health and Environment) 17. Any liquid or solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 18. Any petroleum-contaminated soils on the facility shall be removed, treated or disposed in accordance with all applicable rules and regulations. (Department of Public Health and Environment) 19. 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 Public Health and Environment) 20. The facility shall comply with the approved groundwater monitoring plan. (Department of Public Health and Environment) 21. 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 Weld County Department of Public Health and Environment or the Colorado Department of Public Health and Environment, a comprehensive site-wide storm water 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. (Department of Public Health and Environment) 22. All contaminated soils shall be stored on an impervious surface where any stormwater that comes into contact with the soils would be contained. (Department of Public Health and Environment) 23. The operation shall be comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 24. Access to the brine water disposal site is from County Road 54. The designated haul route is as follows: From the South:Trucks coming from the south shall travel northbound from County Road 49 and turn onto WCR 44 westbound, which is an existing paved roadway. From County Road 44 the trucks will turn onto County Road 43, an existing paved roadway, and travel northbound. From County Road 43, the trucks will turn onto County Road 54 eastbound wherein the site shall be accessed; and/or trucks coming from the south shall travel northbound from County Road 49 and turn onto US34 westbound. From US34, the trucks will turn onto County Road 47 southbound and then onto County road 54 eastbound wherein the site shall be accessed. (Department of Public Works) From the north or west: Trucks coming from the north or west shall travel westbound on U.S. Highway 34. From Highway 34, the trucks will turn onto County Road 47 southbound and then onto County Road 54 eastbound wherein the site shall be accessed. From the east: Trucks coming from the east shall travel via Highway 34 westbound. From • Highway 34, the trucks will turn onto County Road 49 southbound and then onto County Road 54 westbound wherein the site shall be accessed. USR-1665, HIGH PLAINS DISPOSAL, INC.page 8 Exiting the site: Haul trucks shall exit the site via the proposed access directly onto County Road 54. From County Road 54, the trucks shall either travel northbound on County Road 47 and then • enter eastbound onto Highway 34, or travel southbound on County Road 43 then eastbound on County Road 44 and southbound on County Road 49. For westbound, the trucks shall proceed northbound on WCR 49 and then enter westbound onto Highway 34. (Department of Public Works) 25. No parking or staging of commercial vehicles shall be allowed on County roads. (Department of Public Works) 26. The applicant shall pave 100' minimum into the site from CR-54 and construct a double cattle guard set one right after the other to ensure a complete revolution of the truck tires. (Department of Planning Services) 27. The maximum number of employees employed at the site shall be six(6). (Department of Planning Services) 28. Should the amount of truck trips exceed the amount of sixty(60)trips per day(as stipulated in the traffic study from Lamp, Rynerson &Associates, Inc. dated September 8, 2008), the applicant/owner shall provide evidence of an approved access permit from the Colorado Department of Transportation. (Colorado Department of Transportation) 29. 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; 2006 International Residential Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas and Energy Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) • 30. Hauling hours shall be limited to 7:00AM until 10:00PM daily. (Department of Planning Services) 31. The landscaping/screening on site shall be maintained in accordance with the approved Landscape/screening Plan. (Department of Planning Services) 32. 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. (Department of Planning Services) 33. 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) 34. 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. (Ordinance 2005-8 Section 5-8-40) 35. Should the amount of truck trips exceed the amount of sixty(60)trips per day(as stipulated in the traffic study from Lamp, Rynerson &Associates, Inc. dated September 8, 2008), the applicant/owner shall provide evidence of an approved access permit from the Colorado Department of Transportation. (Colorado Department of Transportation) 36. 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) 37. 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) USR-1665,HIGH PLAINS DISPOSAL, INC.page 9 38. 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) • 39. 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) 40. 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) 41. 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) • USR-1665,HIGH PLAINS DISPOSAL, INC.page 10 • • DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918• 10TH O Street 631GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 IFAX: (970) 304-6498 111k. COLORADO July 10, 2008 High Plains Disposal, Inc do Bradley Curtis Lamp, Rynearson &Associates, Inc 808 8`" St Greeley CO 80631 Subject: USR-1665- Request for a A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support Facility(Class II-Oilfield Waste Disposal Facility)in the A(Agricultural)Zone District on a parcel of land described as Part N2 of Section 25, T5N, R65W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for October 7,2008,at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10" Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado • Revised Statute, C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Kersey Planning Commission for their review and comments. Please call Kersey at 970-353-1681 for further details regarding the date,time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Kersey Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respecffully,SgGy, ketA-,_ Chris Gathman Planner • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS September27, 2008. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1665 IN THE A (AGRICULTURAL) ZONE DISTRICT. CHRIS GATHMAN Name of Person Posting Sign Uv ` 1/ „--e---- • Signature of Person Posting Sign STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was subscribed and swornge this day of , 2008. r WITNESS my hand and official seal. 4:i`( pi n \ S8ArTLZHZ )c, 4LYl ç. .... Public .„.. „:„ ,:,,i, ,c.„..„ • ___, My Commission Expires My Commission Expires: 10.14.2011 • EXHIBIT As 5 1 9 r �. yam, ____�1. 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I • 6,47 es sp. _ • j9;X �'�• . �. ✓ i Nt' r i' Et y $i1-1eties!nen 1 . • /� • • I y r f) - — 1._ • v .• ..•- Ill I 1. . 1 r • M • - . a N. i r FIELD CHECK CASE NUMBER: USR-1665 DATE OF INSPECTION: R- .S -o r • APPLICANT'S NAME: High Plains Disposal, Inc PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support Facility (Class II -Oilfield Waste Disposal Facility) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part N2 of Section 25, T5N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 54 and approximately 1/2 mile west of CR 49. LAND USE: .S/ Ll0ren {'ate fic Rallway Sp..r / farm yroc.ncd - Glay E (rrai zJn1 p du re__ N/8' ►-arm 9rouncl — corn / ;err'Jed-lion ca44al W (Trams; � pac'furt- ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) • W A(Agricultural) COMMENTS: / Tht pranc€4 S ,'ruc�crre cc/yenrf -kc be su/4�,'rn1- r s farirr ifovn /aeiybbor%n9 hanies, ✓ 6 a/Pea rchn corof/ct 04 u s-e. CR g9 +racier' . ...o j I :not-east a rFt.. 3U /n cA 5 per day flay rnnciicier acces$ 4ovn LK 99 'Jo m:niv+- ;ac ivn9aaa-(- P. . ember • • FIELD CHECK inspection dates: 9/18/2008 & 9/26/2008 APPLICANT: High Plains Disposal, Inc. CASE #: USR-1665 REQUEST: A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility(Class II—Oilfield Waste Disposal Facility) in the A(Agricultural)Zone District LEGAL: Lot A of RE-4519; being part of the N2 of Section 25,Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to County Road 54 and 1/2 mile west of County Road 49 PARCEL ID #: 0961 25 200001 ACRES: +/-7.657 Acres Zoning Land Use N A N Agricultural land E A E Agricultural land S A S Agricultural Land (oil and gas production facility) W A W Oil and gas production facility(3 single-family residences located approx. 1/4 mile to the west) COMMENTS: • Currently a vacant parcel of land surrounding by agricultural ground. r Chris Gathman - Planner II • Hello