HomeMy WebLinkAbout20082754.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Paul Branham,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1665
APPLICANT: High Plains Disposal, Inc
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of RE-4519; located in Part N2 of Section 25, T5N, R65W of the 6th P.M.,
Weld County, Colorado.
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.
LOCATION: South of and adjacent to CR 54 and approximately%:mile west of CR 49.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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
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.
EXHIBIT
2008-2754 1 1�3
Resolution USR-1665
High Plains Disposal, Inc
Page 2
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 Planning Commission 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)
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)
Resolution USR-1665
High Plains Disposal, Inc
Page 3
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)
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)
Resolution USR-1665
High Plains Disposal, Inc
Page 4
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, Arcinfo Coverages and Arcinfo 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 mapsco.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)
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 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
Environment and Planning Services that the structure has been constructed to meet this
criterion. (Department of Public Health and Environment)
F. 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)
G. 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)
H. 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)
I. 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)
Resolution USR-1665
High Plains Disposal, Inc
Page 5
J. 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)
K. 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)
L. 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)
Motion seconded by Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Erich Ehrlich
Roy Spitzer
Bill Hall
Doug Ochsner
Nick Berryman
Tom Holton
Paul Branham
Mark Lawley
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
• CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on October 7, 2008.
Dated the 7`" of October, 2008.
• Kristine Ranslem Winn
Secretary
•
•
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)
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Resolution USR-1665
High Plains Disposal, Inc
Page 8
• 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 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.
8
Resolution USR-1665
High Plains Disposal, Inc
Page 9
• 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.
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)
•
9
Resolution USR-1665
High Plains Disposal, Inc
Page 10
• 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)
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)
•
10
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
• approval, Nick Berryman seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Mark Lawley,
absent; Roy Spitzer, absent; Tom Holton, absent; Doug Ochsner, yes. Motion carried unanimously.
The Chair read the next case into record.
— CASE NUMBER: USR-1665
APPLICANT: High Plains Disposal, Inc
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part N2 of Section 25,T5N, R65W of the 6th P.M.,Weld County, Colorado.
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.
LOCATION: South of and adjacent to CR 54 and approximately V mile west of CR 49.
Chris Gathman, Department of Planning Services, stated that the site is located south of and adjacent to
County Road 54 and approximately 1/2 mile west of County Road 49. 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 immediately to the south.The three
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.
Fifteen referrals were sent out; nine referrals were received and either indicated no concerns or are
addressed through development standards and conditions of approval. No referral responses were
• received from the State of Colorado, Oil &Gas Conservation Commission, Division of Wildlife, LaSalle
Fire Protection District, Union Pacific Railroad, and State of Colorado Department of Health. Mr. Gathman
stated that he received a phone call from the EPA indicating that they do not review injection well permits.
The site is located within the three-mile referral area of the Town of Kersey.
No letters from surrounding property owners have been received. The Department of Planning Services
did receive a phone call from a nearby property owner who expressed concern in regard to traffic
accessing to and leaving the site. A primary concern expressed by this neighbor was how vehicles would
access onto County Road 54 without impeding oncoming traffic through the merging of large vehicles onto
County Road 54 without an accel/decel lane and also the potential for trucks swinging into the oncoming
lanes when leaving the site.
This application was submitted prior to the adoption of the new application review process. The applicant
requested that the application be reviewed under the old process; therefore no community meeting was
requested by the Department of Planning Services.
The following are Conditions of Approval and Development Standards addressing/mitigating concerns:
• The Department of Public Works is requiring a 60-foot radius access onto County Road 54.
• The Department of Public Works has designated a haul route based on where traffic is going to
and coming from.
• A lighting plan (because the applicant is proposing to haul until 10 PM)
• A landscape plan (clarifying the berming of the site)
Mr. Gathman referred to a memo that he handed out. He indicated that there were several recommended
changes to staff comments. He stated that under Condition of Approval 2.1, per Public Works'
• recommendation they are suggesting to change it to read "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, �p
WCR 47 and WCR 54 and WCR 49 and WCR 54 based upon the applicant's proportion of overall use of = C
7 w
that intersection."
• Additionally, Development Standard#24 shall be revised to read
"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."
"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."
Staff is also requesting that Development Standard #26 be removed.
Staff is also requesting that Development Standard #27 be revised to read "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."
Mr. Gathman stated that they are also requesting that Development Standard#29 be removed.
Mr. Gathman commented that staff would like clarification on Development Standard #32 in regard to the
• hours of operation and that it be revised to read"Hauling hours shall be limited to 7:00 Am to 10:00 PM daily."
Finally, staff is recommending that Development Standard #35 be added as stated "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." Mr. Gathman indicated that
this is in result of an email that was received from the Colorado Department of Transportation dated
October 2, 2008.
The Chair asked if the applicant wished to make any comments.
Andy Cunningham, High Plains Disposal, 601 South Main St, Ste 215, Grapevine TX. He handed out
some pictures of their other facilities that they have to give the Planning Commission a better
understanding of the facility in motion.
Commissioner Berryman clarified if this was a saltwater by-product that is being disposed of. Mr.
Cunningham stated that it is a brine water, produced water from oil and gas production.
Commissioner Hall asked if there would be an injection well. Mr. Cunningham stated that there would be
an injection well.
Commissioner Ochsner asked Mr. Cunningham to clarify the hours of operation. Mr. Cunningham said
that it is their intent to take delivery of water between 7:00 a.m. and 10:00 p.m. He indicated that the
facility will be manned 24 hours. He added that they plan to inject 24 hours a day. Mr. Cunningham
stated that they will only have truck traffic from 7:00 a.m. and 10:00 p.m.
Commissioner Ochsner asked if there is a lot of truck traffic during the evening hours. Mr. Cunningham
• said that previously they have run 24 hours a day and run trucks all night, but after visiting with staff they
believe that the hours from 7 AM to 10 PM would be more acceptable.
Commissioner Berryman asked what they intend for a lighting plan. Mr. Cunningham stated that they do
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not intend to have any light pour over into any of the neighboring properties and will work with the County
• to make sure that they comply with their regulations. He added that noise and lighting should not be a
concern from this property.
Commissioner Ochsner referred to the haul route established by staff and asked if the applicant is willing
to follow that route. Mr. Cunningham replied that they will follow that route. He added that with this
proposal there will not be a large increase of truck traffic.
The Chair asked Public Works and the Health Department for their comments.
Lauren Light, Health Department, said that Central Weld County Water District will provide potable water
to this site. A septic system has already been approved by the Board of Health.
She added that most of the conditions of approval and development standards address avoiding
contamination of ground water in the soils. The Health Department has specific design and operation
requirements that are required prior to the release of building permits.
The State Health Department may have some Air Emission Permitting regulations and is included in
Condition of Approval 1.D.
The Health Department is also requiring a groundwater monitoring plan. A Stormwater discharge plan
may also be required through the State.
Ms. Light stated that she checked the State Oil and Gas website yesterday to see if they had approved
this drilling permit and it is still in the process of being reviewed. She added that the biggest requirement
is the how the facility is constructed.
Commissioner Ochsmer asked if the County monitors the groundwater. Ms. Light said that if there is a
• spill then the Health Department wants to have a plan on how that will be monitored.
Don Dunker, Public Works, stated that the access is off County Road 54 which is a two-lane paved
collector roadway. County Road 54 currently has a 60 foot right-of-way and will require an 80 foot right-of-
way at full build-out. The access will have 60 foot radiuses to accommodate the bigger trucks.
In May 2006 traffic counts on County Road 54 were 834 ADT. The applicant has indicated that the site
will add an additional 30 vehicles or 60 truck trips 24/7.
Due to the angle in which County Road 54 intersects with County Road 49 as well as the railroad tracks,
Public Works will not allow the trucks from this facility to turn onto County Road 54 from northbound traffic
on County Road 49. A haul route has been defined in Development Standard#24 for this business. Mr.
Dunker stated that all of the routes are on paved roads. A stop sign is required to be installed at the
access before entering County Road 54. The applicant is proposing a detention pond for this site. He
added that this site is not located within a FEMA 100 year floodplain.
Commissioner Grand complimented Mr. Dunker on the haul route plan.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
George Maxey,26331 CR 49, stated that his residence can be seen from this site. He expressed his concern
with the traffic on County Road 54 and added that there have been a lot of accidents. Mr. Maxey indicated
that there are no aprons on the side of the road and the barrow pits are very deep. He commented that along
with the regular traffic there are also farmers who pull large pieces of equipment up and down that road. Mr.
Maxey stressed that the intersection of County Roads 49 and 54 is a very dangerous intersection and added
that it has had some serious accidents.
• The Chair closed the public portion of the meeting.
Commissioner Ochsner asked to clarify if there are any accel/decal lanes. Mr. Dunker said that there are no
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accel/decal lanes. The access is being widened out with 60 foot radius curves so that the trucks will not cross
• over into the other lane.
Mr. Dunker commented that he looked up the accidents over the last three years and added that it appears
that there were three reported accidents each year at the intersection of County Roads 54 and 49.
Commissioner Berryman asked about the reported accidents at the intersection of County Roads 47 and 54.
Mr. Dunker said that he didn't find any and clarified that the ones he finds are ones that are reported through
the State Patrol, not necessarily those who haven't made any report.
Brad Curtis, Lamp, Rynearson and Assoc., 808 8th St, Greeley, CO. Mr. Curtis said that the applicant is not
anticipating more than 30 trucks coming to and out of the site over a 15 hour period. He added that they did
include a detailed traffic study as required from Public Works and CDOT. Additionally,instead of the required
40 foot radius they are complying with the request from Public Works to have the 60 foot radius to make sure
that they are not crossing any lanes.
Commissioner Hall commented that he understands that there is possibly more development planned for this
area and asked Mr. Dunker how larger impacts of traffic would be dealt with. Mr. Dunker said that with each
application they will make sure that it fits into the master plan and will require the same conditions as this
application.
Paul Branham moved to amend the Conditions of Approval and Development Standards as recommended by
staff, seconded by Robert Grand. Motion carried.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are agreement with those. The applicant replied that they are in agreement.
Paul Branham moved that Case USR-1665, be forwarded to the Board of County Commissioners along with
• the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Mark Lawley,
absent; Roy Spitzer, absent; Tom Holton, absent; Doug Ochsner, yes. Motion carried unanimously.
The Chair called a recess at 2:41 p.m.
The Chair reconvened the meeting at 2:52 p.m. and continued with the public portion of the update to the
Comprehensive Plan.
Colleen Anthony, Trustee of the Town of Milliken. Ms. Anthony commented that she serves on a
committee for the Southwest Weld Economic Development Initiative and they recently did a swat analysis
of the County with regard to whether they would be attractive to primary employers. One of the issues that
came up was the cosmetic appearance of the area in a lot of locations.
Ms. Anthony noted Section 22-2-120, Page 29 with reference to unincorporated communities and historic
town sites. She cited Goal D, its Policies and Recommended Strategy and asked who would develop the
program as stated in the strategy. Additionally, she asked how the programs or policies would be
enforced and by whom. She further asked how the nonconformance to those standards would be
addressed.
Mr. Mueller said that the County currently has Zoning Compliance Officers who enforce the Zoning Code.
The Zoning Code defines things such as derelict structures, nonconforming junkyards, etc. The Weld
County Planning Department is the entity that administers that program and then enforces it through code
el enforcement which is brought to the County Attorney's office for follow through and ultimate enforcement.
He pointed out that this is a complaint based process.
Mr. Mueller commented that the Recommended Strategy suggests programs which seem to suggest
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