HomeMy WebLinkAbout20052388.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT#729 FOR AN OIL AND GAS SUPPORT FACILITY (BRINE WATER
DISPOSAL AND ALLIED FACILITIES) IN THE A(AGRICULTURAL)ZONE DISTRICT-
LYSTER FAMILY FARMS, A PARTNERSHIP, C/O MARCUM MIDSTREAM 1995-2
BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE
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 31st day of
August,2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Lyster Family Farms,a partnership,c/o Marcum Midstream 1995-2 Business Trust,
c/o Conquest Disposal Service, 1610 29th Avenue Place#200,Greeley,Colorado 80634,fora Site
Specific Development Plan and Amended Use by Special Review Permit#729 for an Oil and Gas
Support Facility(brine water disposal and allied facilities)in the A(Agricultural)Zone District on the
following described real estate, being more particularly described as follows:
SW1/4 SE1/4 of Section 26, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Dale Butcher 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 recommendations 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 23-2-230.6 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.5(OG.Policy 1.5)states,"Oil and gas support facilities
decisions which do not rely on geology for locations shall be subjected to
review...." The request for a Site Specific Development Plan and Use by
Special Review Permit for an Oil and Gas Support Facility (brine water
disposal and allied facilities)in the A(Agricultural)Zone District, is the first
amendment to an existing permitted facility. This request is to increase the
2005-2388
AMENDED SPECIAL REVIEW PERMIT#729-LYSTER FAMILY FARMS,A PARTNERSHIP,C/O
MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE
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number of truck loads allowed at the facility to 50 loads per day. Additionally,
the applicant has requested the number of loads received per day be
measured using a 30-day moving average calculation. Conquest Oil is also
requesting the addition of five 500-barrel tanks to compliment the existing
thirteen 500-barrel tanks present on the site.
The original USR was applied for by Coors Energy Company,in 1986,for a
Saltwater Injection Facility. Years later this facility was acquired by Patina Oil
and Gas Company and operated until 2004,when the facility was acquired
by Marcum Midstream 1995-2 Business Trust.
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.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.A.2 of the Weld County Code
provides for 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 property is surrounded by
agricultural fields in crop production and related uses. There are two single
family dwellings in the immediate vicinity, one of which is the Lyster Family
home. The facility exists on 0.76 acres in the middle of a 133-acre parcel
identified as the Lyster Family Farm.
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 does lie within the three-mile referral area of the City of Greeley. The
City, in its referral dated May 18,2005, requested Weld County Road 64 be
paved to reduce the development's impact on air quality. The Weld County
Department of Public Works is requiring the applicant to enter into a road
improvements agreement for the increase in heavy truck hauling on local
gravel roads. The applicant shall be responsible for the upgrade and
maintenance of the designated haul route on Weld County Road 64 west to
Weld County Road 47.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The existing site is within a recognized overlay
district, including the Airport Overlay District. The facility is located north of
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AMENDED SPECIAL REVIEW PERMIT#729-LYSTER FAMILY FARMS,A PARTNERSHIP,C/O
MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE
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the Critical Flight Zone and within the Airport Influence 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 Program.
f. Section 23-2-230.8.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The size of the parcel, 0.76 acres, accompanied with the existing
improvements, does not make it conducive to agricultural practices.
g. Section 23-2-230.6.7 -- 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 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 Lyster Family Farms,a partnership,do Marcum Midstream
1995-2 Business Trust, c/o Conquest Disposal Service for a Site Specific Development Plan and
Amended Use by Special Review Permit#729 for an Oil and Gas Support Facility (brine water
disposal and allied facilities) 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 AmUSR-729.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Road 64 is designated on the Weld County Road
Classification Plan as a local gravel road,which requires 60 feet of
right-of-way at full build out.There is presently 60 feet of right-of-way.
A total of 30 feet from the centerline of Weld County Road 64 shall be
delineated as right-of-way on the plat. This road is maintained by
Weld County. Weld County Road 64 dead ends with a cul-de-sac on
the east side of the Greeley-Weld County Airport adjacent to the
runway. There is only one family farming business that utilizes this
road, Lyster Family Farms. Hoshiko Farms utilizes an access off of
Weld County Road 47.
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AMENDED SPECIAL REVIEW PERMIT#729-LYSTER FAMILY FARMS,A PARTNERSHIP,C/O
MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE
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D. If applicable, the existing Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit shall be amended to reflect modifications in the operation,
if the Colorado Department of Health and Environment determines that such
a modification represents a significant change in emissions or production.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
E. A Ground Water Monitoring Plan shall be submitted to the Weld County
Department of Public Health and Environment for review and approval.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
F. The Weld County Department of Public Works is requiring the applicant to
enter into a road improvements agreement for the increase in heavy truck
hauling on local gravel roads. The applicant shall be responsible for the
upgrade and maintenance of the designated haul route on Weld County
Road 64 west to Weld County Road 47. Evidence of approval by the
Department of Public Works shall be submitted in writing to the Weld County
Department of Planning Services.
G. The applicant shall submit a Screening Plan to the Department of Planning
Services for review and approval, to address the outdoor storage of
materials. The trash dumpster associated with this facility shall be screened
from adjacent properties,including the public rights-of-way. With approval,
the Screening Plan information shall be graphically delineated on the
amended Use by Special Review plat.
H. The applicant shall submit written evidence of compliance with all of the
Department of Public Health and Environment's stipulations and
requirements as stated herein. Written evidence shall be submitted to the
Department of Planning Services.
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 thirty(30)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
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AMENDED SPECIAL REVIEW PERMIT#729-LYSTER FAMILY FARMS,A PARTNERSHIP,C/O
MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE
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3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Amended 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 maos@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 plan review is required for each building for which a building permit is
required. Plans shall include a floor plan and bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit. Include a Code Analysis Data Sheet
provided by the Weld County Department of Building Inspection with each
building permit application.
C. 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: 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.
D. The applicant shall contact the Eaton Fire Protection District for its
requirements. 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 Chapter 23 of the Weld County Code.
E. 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. Offset and setback requirements are measured to
the farthest projection from the building.
F. A secondary containment concrete structure(floor and walls)surrounding
each tank or battery of tanks shall be constructed. The volume retained by
the structure shall be 150 percent greater than the volume of the largest tank
inside the structure. A registered professional engineer shall design the
structure. The structure shall prevent any release from the tank system from
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AMENDED SPECIAL REVIEW PERMIT#729-LYSTER FAMILY FARMS,A PARTNERSHIP,C/O
MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE
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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.
G. 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 Weld County Department of Public Health and
Environment, in writing, in the event the plan is amended. The plan shall be
reviewed and approved by the Weld County Department of Public Health and
Environment. Evidence of such shall be submitted to the Department of
Planning Services.
H. Adetailed 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. Evidence of such shall
be submitted to the Department of Planning Services.
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.
5. Prior to Operation:
A. The applicant shall contact the office of the Weld County Sheriff,if warranted,
to schedule a walk-through of the site for the purposes of implementing the
"Crime Prevention through Environmental Design Program." This program
reduces the likelihood of criminal activity at a specific location by"hardening"
it to crime. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
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AMENDED SPECIAL REVIEW PERMIT#729-LYSTER FAMILY FARMS,A PARTNERSHIP,C/O
MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 31st day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
, WELD COUNTY, COLORADO
ATTEST: �, EL,
w William H.- e, Chair
Weld County Clerk to the t.ar. ���1
1861 (' C `t iv m�
Ge p , ' `� •t . eile, Pro-Tern
BY:
Deputy Clerk to the Bob`U NI -
���.I D. id •ng
AP V AS TO
Robert D. Masden /
unty Attorney EXCUSED
Glenn Vaad
Date of signature: "Y
2005-2388
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LYSTER FAMILY FARMS, A PARTNERSHIP
C/O MARCUM MIDSTREAM 1995-2 BUSINESS TRUST
DBA CONQUEST DISPOSAL SERVICE
AMUSR#729
1. The Site Specific Development Plan and Amended Use by Special Review Permit#729 is
for an Oil and Gas Support Facility (brine water disposal and allied facilities) in the
A(Agricultural)Zone District,as indicated in the application materials on file and subject to
the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
4. A manager,knowledgeable in operating an injection well,shall be on the site when the facility
is receiving waste.
5. A safe and adequate sewage disposal system shall be available on the facility premises.
6. A safe and adequate fresh water supply shall be available on the facility premises.
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. The maximum permissible noise level shall not exceed the industrial limit of 80 decibels,as
measured according to Section 25-12-102, C.R.S.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
10. All chemicals stored on the site must be in locked buildings and on an impervious surface,
provided manufacturer recommendations for safe storage and handling are in accord. In
any event, manufacturer recommendations will take precedence.
11. The facility shall comply with any required air emissions perm it from the Air Pollution Control
Division, Colorado Department of Public Health and Environment.
12. All liquid wastes received at the facility shall be unloaded on the unloading pad. Disposal of
waste should be by hose-type connections. No intentional dumping of waste water should
be allowed upon the receiving pad.
13. 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.
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DEVELOPMENT STANDARDS - LYSTER FAMILY FARMS, A PARTNERSHIP, C/O MARCUM
MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE (USR#729)
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14. The facility must comply with the laws, standards, rules and regulations of the Air Quality
Control Commission, Water Quality Control Commission, Hazardous Materials and Solid
Waste Division, Colorado Oil and Gas Conservation Commission, any other applicable
agency, and all applicable Weld County Code sections.
15. 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.
16. The concrete sump shall be appropriately 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
18. Any petroleum-contaminated soils on the facility shall be removed,treated or disposed in
accordance with all applicable rules and regulations.
19. The surfaces around the disposal area shall be constructed of an impervious material and
graded to ensure that all spilled waste is contained within the unloading pad.
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, by the Weld County Department of Public Health and
Environment and the Colorado Department of Public Health and Environment prior to
implementation. Evidence of such shall be submitted to the Department Planning Services.
22. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards before additional barrels of brine water are accepted.
Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
23. Access to the brine water disposal site is from Weld County Road 64. The applicant shall
be responsible for the upgrade and maintenance of the designated haul route on Weld
County Road 64 west to Weld County Road 47.
24. Transport trucks will visit the site, on average, 50 times a day, and less on weekends.
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25. 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.
26. The historical flow patterns and run-off amounts will be maintained on the 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.
27. 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: 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.
28. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code.
29. 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. Offset and setback requirements are measured to the farthest
projection from the building.
30. Hours of operation are limited to 7:00 a.m. until 9:00 p.m.daily,as stated in the application
materials.
31. Effective January 1,2003,building permits issued on the lotwill be required to adhere to the
fee structure of the County-Wide Road Impact Fee Program.
32. The Amended Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property,until the Amended Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
35. 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.
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36. The Amended 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.
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