HomeMy WebLinkAbout20051620.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED USE BY
SPECIAL REVIEW PERMIT#996 FOR AN OIL AND GAS SUPPORT FACILITY (BRINE
WATER DISPOSAL) IN THE A (AGRICULTURAL) ZONE DISTRICT - MARCUM
MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE, LLC,
C/O CONQUEST OIL COMPANY
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 22nd day of
June, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Marcum Midstream 1995-2 Business Trust, dba Conquest Disposal Service, LLC,
303 East 17th Avenue, Suite 660, Denver, Colorado 80203, c/o Conquest Oil Company, 1610 29th
Avenue Place #200, Greeley, Colorado 80634, for a Site Specific Development Plan and Third
Amended Use by Special Review Permit #996 for an Oil and Gas Support Facility (brine water
disposal) in the A(Agricultural) Zone District on the following described real estate, to-wit:
SE1/4 of Section 8, Township 4 North, Range 64
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.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
Section 22-5-100.A (OG.Goal 5) states, "Oil and gas support facilities
decisions, which do not rely on geology for locations, shall be subjected to
review...." This proposal has been reviewed by the appropriate referral
agencies and it has been determined that the attached Conditions of
Approval and Development Standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and County. The request is for the third
amendment to an existing facility permitted by a Site Specific Development
2005-1620
PL0897
((i Az ,736ey, ,cL �� o997-os—
MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE,
LLC, C/O CONQUEST OIL COMPANY (3RD AMENDED USR #996)
PAGE 2
Plan and Use by Special Review Permit for an Oil and Gas Support Facility
(brine water disposal) in the A (Agricultural) Zone District. The original
permit was granted to Conquest Oil Company, in 1992, and amended in
1993. The second amendment was done in 2003 to increase the capacity,
including the expansion of six(6)storage tanks to the existing eighteen(18)
storage tanks, tank farm, and associated requirements. 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 23-2-230.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 Services 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. Big Sky Estates
Planned Unit Development (PUD) is one mile north of the existing facility.
There are single family dwellings on properties in the immediate vicinity. A
dairy and turkey farm are to the southwest, south of Weld County Road 46.
Large tracts of pasture and hay are prevalent in the general area.
d. Section 23-2-230.B.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 its referral dated April 6, 2005, states it reviewed the
request and found no conflict with its interests.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article 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. 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.B.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.
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MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE,
LLC, C/O CONQUEST OIL COMPANY(3RD AMENDED USR#996)
PAGE 3
g. Section 23-2-230.B.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 Marcum Midstream 1995-2 Business Trust,dba Conquest
Disposal Services, LLC, do Conquest Oil Company, for a Site Specific Development Plan and
Third Amended Use by Special Review Permit #996 for an Oil and Gas Support Facility (brine
water disposal) 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 3rd AmUSR-996.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) All future proposed development/facilities as delineated in the
application materials, including the proposed six (6) 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 of the Colorado Department of Public Health and
Environment.
E. A Ground Water Monitoring Plan shall be submitted to the Weld County
Department of Public Health and Environment for review and approval.
F. If appropriate, a Stormwater Discharge Plan shall be submitted to the Weld
County Department of Public Health and Environment and the Colorado
Department of Public Health and Environment for review and approval.
G. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
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MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE,
LLC, C/O CONQUEST OIL COMPANY(3RD AMENDED USR#996)
PAGE 4
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.
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 and Environment for review and
approval. The design shall demonstrate how all spilled waste, stormwater,
and wash down water will be contained within the receiving area and
concrete sump. The "concrete unloading pad" shall be constructed and
operated in accordance with the approved design.
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.
C. A copy of the drilling log shall be submitted to the Weld County 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 Individual Sewage Disposal
System(I.S.D.S.)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.
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.
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.
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MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE,
LLC, C/O CONQUEST OIL COMPANY(3RD AMENDED USR#996)
PAGE 5
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 structures (including concrete) on the facility. The site
shall be returned to its original grade. In the event the COGCC does not
have the authority to require financial assurance for the entire cost required
for third-party closure, the facility shall post the remainder of the financial
assurance with Weld County. The facility shall submit evidence to the Weld
County Departments of Public Health and Environment and Planning
Services that the appropriate financial assurance has been obtained.
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.
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.
4. The Third Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued, until the Third Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
5. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Third 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 maps@co.weld.co.us.
2005-1620
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MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST DISPOSAL SERVICE,
LLC, C/O CONQUEST OIL COMPANY(3RD AMENDED USR #996)
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
-
��� WELD COUNTY, COLORADO
EL
William H. Jer e, Chair
1861 ( ? s 'Jerk to the Board
• ile, Pro- em
e07-
ty Cler to he Board •
Da id E. Lon
APPR AST •
Robe . Masden
my Attorney p,t,(14
Glenn Vaad
Date of signature:
2005-1620
PL0897
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARCUM MIDSTREAM 1995-2 BUSINESS TRUST
DBA CONQUEST DISPOSAL, LLC
C/O CONQUEST OIL COMPANY
3RD AMUSR#996
1. The Site Specific Development Plan and Third Amended Use by Special Review
Permit #996 is for an Oil and Gas Support Facility (brine water disposal) 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. 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.
9. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A), as
measured according to Section 25-12-102, C.R.S.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
11. All chemicals stored on the site must be 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.
12. The facility shall comply with any required Air Emissions Permit from the Air Pollution
Control Division, Colorado 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.
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DEVELOPMENT STANDARDS - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST
(3RD AMENDED USR#996)
PAGE 2
14. Any analysis of waste shall be forwarded to the Weld County Department of Public Health
and Environment, Environmental Health Services Division. The Division reserves the right
to require additional, more extensive monitoring at a later date.
15. The facility must comply with the laws, standards, rules and regulations of the Air Quality
Control Commission,the Water Quality Control Commission,the Hazardous Materials and
Solid Waste Division, the Colorado Oil and Gas Conservation Commission, any other
applicable agency, and all applicable Weld County zoning laws and ordinances.
16. The"flat tank"and"concrete sump"shall be appropriately covered and protected to prevent
people and wildlife from entering.
17. Any liquid or solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
18. Any petroleum-contaminated soils on the facility shall be removed, treated or disposed in
accordance with all applicable rules and regulations.
19. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
20. The facility shall comply with the approved Groundwater Monitoring Plan.
21. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event that stormwater is not adequately controlled on the site,
upon written notification from the Weld County Department of Public Health and
Environment or the Colorado Department of Public Health and Environment, a
comprehensive site-wide stormwater plan shall be developed and implemented. The plan
must be approved, in writing prior to implementation, by the Weld County Department of
Public Health and Environment and the Colorado Department of Public Health and
Environment.
22. Access to the brine water disposal site is from Weld County Road 46. The designated haul
route is on Weld County Road 53, approximately 1,000 feet west on Weld County Road 46.
All vehicles hauling to the brine water disposal facility will be restricted from traveling east
on Weld County Road 46. All traffic to the facility will enter west on Weld County Road 46
from Weld County Road 53,with the exit route being east on Weld County Road 46 to Weld
County Road 53. Transport trucks weighing up to 40 tons will visit the site approximately
80 to 100 times a day, and less on weekends.
23. Maintenance will consist of regular grading and magnesium chloride application, and/or
additional road base to keep the surface smooth and to control dust as directed by the
Weld County Department of Public Works.
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DEVELOPMENT STANDARDS - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST
(3RD AMENDED USR#996)
PAGE 3
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.
25. 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.
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 Department of Public Works 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 application and/or additional road base to keep the surface smooth and to control
dust as directed by the Weld County 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.
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.
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.
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.
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.
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DEVELOPMENT STANDARDS - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST
(3RD AMENDED USR#996)
PAGE 4
32. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
33. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
36. 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.
37. The Third 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.
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.
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