HomeMy WebLinkAbout20082753.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1665 FOR AN OIL AND GAS SUPPORT FACILITY (CLASS II - OILFIELD
WASTE DISPOSAL FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - HIGH
PLAINS DISPOSAL, INC.
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 29th day of
October, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of High Plains Disposal, Inc., 601 South Main Street, Suite 215, Grapevine, Texas
76051, for a Site Specific Development Plan and Use by Special Review Permit#1665 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 of Section 25, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Andy Cunningham of High Plains Disposal,
Inc., and Brad Curtis, Lamp, Rynearson and Associates, Inc., 808 8th Street, Greeley, Colorado
80631, 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.B.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 there are adequate provisions
for the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County. The Conditions of Approval require a Screening
2008-2753
1 PL1986
SPECIAL REVIEW PERMIT #1665 - HIGH PLAINS DISPOSAL, INC.
PAGE 2
Plan, Lighting Plan, and Long Term Road Maintenance and Improvements
Agreement to address the impacts of the proposed use.
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.B.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 an 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 an oil and gas production facility, is located to the south. The two
nearest single-family residences are located approximately one-quarter(1/4)
of a mile to the west of the site. The Conditions of Approval and
Development Standards will ensure compatibility with existing surrounding
land uses.
d. Section 23-2-230.6.4--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 lies within the three-mile referral area for
the Town of Kersey. The Town, in the referral dated August 7, 2008, stated
it had reviewed the request and found no conflicts with its 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 Agreement 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 Conditions of Approval.
e. Section 23-2-230.8.5--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 Districts. 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-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.
2008-2753
PL1986
SPECIAL REVIEW PERMIT#1665 - HIGH PLAINS DISPOSAL, INC.
PAGE 3
f. Section 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. 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 for agricultural practices.
g. 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 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 High Plains Disposal, Inc.,for a Site Specific Development
Plan and Use by Special Review Permit #1665 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-1665.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape Plan.
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 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) 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
Health Department of Public Health and Environment for review and
2008-2753
PL1986
SPECIAL REVIEW PERMIT#1665 - HIGH PLAINS DISPOSAL, INC.
PAGE 4
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.
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 10, 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)and Off-Site(Public)Road
Maintenance Agreements and post adequate collateral for access,drainage,
and landscape/screening improvements. The agreements 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.
The applicant shall submit an Improvements Agreement which addresses
the timing and scope of the applicant's participation in paying the costs of
improvements to the intersections of County Road 49 and U.S. Highway 34,
County Road 47 and U.S. Highway 34, County Roads 47 and 54, and
County Roads 49 and 54, based upon the applicant's proportion of overall
use of these intersections.
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 plat.
K. The applicant shall attempt to address the recommendations of the Town
of Kersey, as stated in the referral dated August 7, 2008. Written evidence
of such shall be provided to the Department of Planning Services.
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 Sections 23-3-360.F and
2008-2753
PL1986
SPECIAL REVIEW PERMIT #1665 - HIGH PLAINS DISPOSAL, INC.
PAGE 5
23-2-250.D of the Weld County Code. Further, the approved Lighting Plan
shall be indicated on the plat.
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.
N. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within sixty(60)days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests 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 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.
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, 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.
2008-2753
PL1986
SPECIAL REVIEW PERMIT#1665 - HIGH PLAINS DISPOSAL, INC.
PAGE 6
E. 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 one hundred fifty percent (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 Departments of Public Health and Environment and
Planning Services, that the structure has been constructed to meet this
criterion.
F. 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.
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.
Solids and sediment will accumulate in the storage tanks. The facility shall
submit a detailed plan which describes the method of removing these solids,
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.
J. 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.
2008-2753
PL1986
SPECIAL REVIEW PERMIT#1665 - HIGH PLAINS DISPOSAL, INC.
PAGE 7
K. 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 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.
6. Prior to Release of the Certificate of Occupancy:
A. The applicant shall install an eastbound deceleration lane and westbound
acceleration lane, in accordance with the requirements of the Department
of Public Works.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of October, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
,_ ^ 1,7,) WELD COUNTY, COLORADO
ATTEST: N4
r' '� illiam H. Jerke, Chair
Weld County Clerk to the Board yb
EXCUS
4
BY:\. IL/ Val/ � L n/4/ �
Rob den, o-Tem
Depu Cler o the Board J
W m F. Garcia
PRO D AS T • DE cmi ."Ncy
Long
E. Long
ounty A torney c&t.m(j CQ J�
ougla Rademache
/
Date of signature:
2008-2753
PL1986
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HIGH PLAINS DISPOSAL, INC.
USR #1665
1. The Site Specific Development Plan and Use by Special Review Permit#1665 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 contamination of soil and
groundwater does not occur.
4. A manager, knowledgeable in injection well operations, shall be on the site when the facility
receives 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, and 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 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 db(A), 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 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 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.
2008-2753
PL1986
DEVELOPMENT STANDARDS - HIGH PLAINS DISPOSAL, INC. (USR #1665)
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 all applicable provisions of the Weld County Code.
16. The"flat tank"and"concrete sump"shall be appropriately covered and protected to prevent
people and wildlife from entering.
17. 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.
18. Any petroleum-contaminated soils on the site shall be removed, treated, or disposed of in
accordance with all applicable rules and regulations.
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.
20. The facility shall comply with the approved Groundwater Monitoring Plan.
21. 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.
22. All contaminated soils shall be stored on an impervious surface so that any stormwater
which comes into contact with the soils will be contained.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. Access to the brine water disposal site is from County Road 54. The designated haul
routes are as follows:
a. From the south: Trucks coming from the south shall travel northbound from County
Road 49 and turn westbound onto County Road 44, 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 eastbound onto County Road 54,wherein the site shall be accessed, and/or
2008-2753
PL1986
DEVELOPMENT STANDARDS - HIGH PLAINS DISPOSAL, INC. (USR#1665)
PAGE 3
trucks coming from the south shall travel northbound from County Road 49 and turn
westbound onto U.S. Highway 34. From U.S. Highway 34, the trucks will turn
southbound onto County Road 47, and then eastbound onto County Road 54,
wherein the site shall be accessed.
b. From the north or west: Trucks coming from the north or west shall travel
westbound on U.S. Highway 34. From U.S. Highway 34, the trucks will turn
southbound onto County Road 47, and then eastbound onto County Road 54,
wherein the site shall be accessed.
c. From the east: Trucks coming from the east shall travel westbound on U.S.
Highway 34 . From U.S. Highway 34, the trucks will turn southbound onto County
Road 49, and then westbound onto County Road 54, wherein the site shall be
accessed.
d. 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 U.S. Highway 34; or travel
southbound on County Road 43, eastbound on County Road 44, and southbound
on County Road 49. For westbound traffic, the trucks shall proceed northbound on
County 49, and then enter westbound onto U.S. Highway 34.
25. No parking or staging of commercial vehicles shall be allowed on County roads.
26. The applicant shall pave a minimum of 100 feet into the site from County Road 54 and
construct a double cattle guard set (one right after the other) to ensure a complete
revolution of the truck tires.
27. The maximum number of employees employed at the site shall be six (6).
28. 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.
29. Hauling hours shall be limited to 7:00 a.m., until 10:00 p.m., daily.
30. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
31. 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 reflect light from any light source which may create a traffic hazard
to operators of motor vehicles on public or private streets. No colored lights may be used
which may be confused with, or construed as, traffic control devices.
2008-2753
PL1986
DEVELOPMENT STANDARDS - HIGH PLAINS DISPOSAL, INC. (USR#1665)
PAGE 4
32. 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.
33. 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.
34. 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.
35. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
36. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
37. 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.
38. 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.
39. 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.
2008-2753
PL1986
Hello