HomeMy WebLinkAbout20051621.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,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: 3AmUSR-996
APPLICANT: Marcus Midstream 1995-2 Business Trust
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SE4 of Section 8m T4N, R64W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review for an Oil and Gas
Support Facility (Brinewater Disposal) in the A(Agricultural)Zone District
LOCATION: North of and adjacent to CR 46 and west of and adjacent to CR 53.
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.
The Request for a Site Specific Development Plan and a Special Review Permit for a Oil and
Gas Support Facility (Brinewater Disposal) in the A (Agricultural) Zone District is the third
amendment to an existing permitted facility. The original USR was approved Conquest Oil
Company, in 1992; and amended in 1993. The second amendment was to increase the
capacity, including the expansion of six storage tanks to the existing eighteen (18) storage
tank, tank farm and associated requirements (2003). This application is for the drilling of a
second disposal well, requesting that the 30-day moving average daily maximum volume
limitation be increased to 12,000 barrels and to add an 800 barrel fresh water tank.
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 property is surrounded by agricultural fields in crop production
and related uses. Big Sky Estates PUD is one mile north of the existing facility. There are
single family dwellings on acreage's in the immediate vicinity. A dairy and turkey farm are
to the southwest, south of County Road 46. Large tracts of pasture and hay are prevalent
in the general area.
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 April 6, 2005 states they had reviewed the request
and find no conflict with their interests.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. t
The existing site is not within a recognized overlay district, including the Geologic Hazard
m
Flood Hazard or Airport Overlay District. The existing site is within the County-wide Roa
Impact Fee Area. Effective January 1, 2003, Building Permits issued on the proposed lot "(�
will be required to adhere to the fee structure of the County Road Impact Program `
(Ordinance 2002-11).
2005-1621
Resolution 3AmUSR-996
Marcum Midstream
Page 2
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. This facility has operated
at the present location for a number of years, and will not remove prime agricultural lands
from production.
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's 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 3rd AmUSR-996 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. All future proposed development/facilities as delineated in the application materials,
including the proposed six additional storage tanks, the proposed storage facility to
be adjacent to the existing structure and the proposed garage.
3. The twenty(20)foot maintenance road adjacent to the Gilmore Ditch, as stated in
the Farmers Reservoir and Irrigation Company referral dated April 5, 2005.
D. All required Air Emissions Permits must be obtained from the Air Pollution Control Division,
Colorado Department of Public Health and Environment. (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. (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. (Department of Public Health and Environment)
G. 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 thirty(30) 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. Prior to the Release of Building Permits:
A. A detailed design of the "concrete unloading pad" shall be submitted to the Weld County
Department of Public Health&Environment shall be submitted for review and approval. The
design shall demonstrate how all spilled waste, stormwater, and wash down water will be
Resolution 3AmUSR-996
Marcum Midstream
Page 3
contained within the receiving area and concrete sump. The"concrete unloading pad"shall
be constructed and operated in accordance with the approved design. (Department of Public
Health and Environment)
B. 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)
C. 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)
D. A permitted individual sewage disposal system shall be installed to serve the facility. In
accordance with the Weld County ISDS Regulations, the system must be designed by a
registered professional engineer. 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)
E. 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. The plan shall provide a commitment to notify the Department of Public Health
and Environment, in writing, in the event the plan is amended. The plan shall be reviewed
and approved by the Department of Public Health and Environment. (Department of Public
Health and Environment)
F. 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)
G. 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)
H. The tanks will require engineered foundations based on a site-specific geotechnical report
or an open hole inspection performed by a Colorado registered engineer. The garage may
require an engineered foundation. Check with a plans examiner. Engineered foundations
shall be designed by a Colorado registered engineer. (Department of Building Inspection)
I. A building permit shall be obtained prior to the installation of new tanks or the construction
of new buildings. A plan review is required. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for
each permit. (Department of Building Inspection)
4. 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)
Resolution 3AmUSR-996
Marcum Midstream
Page 4
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Recorded Exemption/Subdivision Exemption/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 mapsco.weld.co.us. (Department
of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CONQUEST OIL COMPANY
3rd AMUSR-996
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility
(Brinewater Disposal)in the A(Agricultural)Zone District,as indicated in the application materials on
file 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. A safe and adequate sewage disposal system shall be available on the facility premises. (Department
of Public Health and Environment)
6. A safe and adequate fresh water supply shall be available on the facility premises. (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 25-12-102, 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 in locked buildings, on an impervious surface, provided
manufacturer recommendations for safe storage and handling are in accord. In any event,
manufacturer recommendations will take precedence. (Department of Public Health and
Environment)
12. The facility shall comply with any required air emissions permit from the Air Pollution Control Division,
Colorado Department of Public Health and Environment. (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)
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 zoning laws and ordinances. (Department of Public Health and Environment)
Resolution 3AmUSR-996
Marcum Midstream
Page 2
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. Access to the brine water disposal site is from County Road 46. The designated haul route is on
County Road 53 approximately 1000 feet west on County Road 46. All vehicles hauling to the brine
water facility will be restricted from traveling east on County Road 46. All traffic to the facility will enter
west on County Road 46 from County Road 53 with the exit route being east on County Road 46 to
County Road 53. Transport trucks weighing up to 40 ton will visit the site approximately 80-100 times
a day and less on weekends. (Department of Public Works)
23. Maintenance will consist of regular grading and magnesium chloride applicant and/or additional road
base to keep the surface smooth and to control dust as directed by the Weld County Public Works
Department. (Department of Public Works)
24. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. There is an existing concrete loading
pad. Utilize the existing access and departure points. (Department of Public Works)
25. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
26. The applicant shall adhere to the existing Road Maintenance Improvements Agreement at the
Conquest site and utilize the designated haul route at this facility. Coordinate with the Weld County
Public Works Department on grading prior to placing the magnesium chloride or calcium chloride to
the designated haul route. (In March 1993, the County and Conquest Oil Company entered into a
Road Improvements and Maintenance Agreement. The improvements consisted of an additional
three inches of road base material and the application of magnesium or calcium chloride to the
designated haul route. Conquest Oil furnished the base material, magnesium or calcium chloride,
equipment, and labor to complete this agreement. Maintenance will consist of regular grading and
magnesium chloride applicant and/or additional road base to keep the surface smooth and to control
dust as directed by the Weld County Public Works Department.) (Department of Public Works)
27. A separate building permit shall be obtained prior to the construction of any structure including the
concrete berm and the fresh water tank. (Department of Building Inspection)
Resolution 3AmUSR-996
Marcum Midstream
Page 3
28. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2003 International Residential Code; 2003
International Building Code;2003 International Mechanical Code;2003 International Plumbing Code;
2003 International Fuel Gas Code;2002 National Electrical Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
29. The concrete berm will require an engineered foundation based on a site-specific geotechnical report
or an open hole inspection performed by a Colorado registered engineer. Engineered foundations
shall be designed by a Colorado registered engineer. (Department of Building Inspection)
30. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Weld County Code. (Department of Building Inspection)
31. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
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. (Department of Planning Services)
33. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Planning Services)
34. 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)
35. 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)
36. 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)
37. 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)
38. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
Motion seconded by Bryant Gimlin
Resolution 3Am USR-996
Marcum Midstream
Page 4
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Doug Ochsner
James Welch
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,Voneen Macklin, 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 May 3, 2005.
Dated the 3r°of May, 2005.
Voneen Macklin
Secretary
5- 3_:26Q5
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 3, 2005
A regular meeting of the Weld County Planning Commission was held Tuesday 2005, in the Weld County
Department of Planning Services, Hearing Room,918 10th Street,Greeley,Colorado. The meeting was called
to order by Chair, Michael Miller, at 1:30 p.m.
ROLL CALL
Michael Miller ^'
Bryant Gimlin n c�
John Folsom
James Welch Absent
James Rohn
Bruce Fitzgerald Absent
Chad Auer
Doug Ochsner
Tom Holton "
.wr
Also Present: Kim Ogle, Sheri Lockman, Jacqueline Hatch
The summary of the last regular meeting of the Weld County Planning Commission held on,April 28, 2005,
was approved as read.
The following Cases are on the Consent Agenda:
CASE NUMBER: 3AmUSR-996
APPLICANT: Marcus Midstream 1995-2 Business Trust
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SE4 of Section 8, T4N, R64W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review for an Oil and Gas
Support Facility(Brinewater Disposal) in the A(Agricultural) Zone District
LOCATION: North of and adjacent to CR 46 and west of and adjacent to CR 53.
CASE NUMBER: USR-1488
APPLICANT: John File, Farfrumwurkin LLP
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: E2SW2 & N2 SE4 & part of the W2W2 of Lot B of RE-3474;
being part of the W2W2 of Section 32, T2N, R68W; and part of the SE4
of Lot B of RE-1775 of Section 31, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a mineral
resource development facility including dry open pit mining and materials
processing in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to Hwy 52; west and east of and adjacent to CR 3-
1/4.
CASE NUMBER: USR-1506
APPLICANT: Larry Rittel
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE-3613; Pt N2NW4 of Section 28, T8N, R62W of the
6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review for a Use allowed
by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone district,for a welding fabrication
the A(Agricultural)Zone District EXHIBIT
LOCATION: South of and adjacent to SH 14; west of and adjacent to CR 77
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