HomeMy WebLinkAbout20052960.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1517 FORA MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
OIL AND GAS SUPPORT SERVICES (LAND TREATMENT FACILITY) IN THE
A(AGRICULTURAL) ZONE DISTRICT - PETRO-CANADA RESOURCES (USA) INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 2nd day of
November,2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Petro-Canada Resources (USA) Inc., 1099 18th Street, Suite 400,
Denver,Colorado 80202,for a Site Specific Development Plan and Use by Special Review Permit
#1517 fora Mineral Resource Development Facility,including Oil and Gas Support Services(land
treatment facility)in the A(Agricultural)Zone District on the following described real estate, being
more particularly described as follows:
Part of the NW1/4 and part of the SW1/4 of
Section 18,Township 4 North,Range 64 West of the
6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Patrick Flynn, Meridian Environmental
Management, LLC, 88 Inverness Circle East, Suite C103, Englewood, Colorado 80112, 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 23-2-220.6.1 --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.. ." This proposal is to provide Petro-Canada,formerly Prima Oil and
Gas, a centralized land treatment facility which will treat and recycle
nn 2005-2960
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SPECIAL REVIEW PERMIT#1517 - PETRO-CANADA RESOURCES (USA) INC.
PAGE 2
non-hazardous, hydrocarbon-affected soil and frac sand derived from
Petro-Canada oil and gas properties in Weld County. The
hydrocarbon-affected soil will be thin-spread on the ground surface to a
thickness of approximately one to two feet and tilled to aerate the soil in order
to promote natural degradation of the hydrocarbons. Moisture and nutrients,
in the form of commercial fertilizer, may be added to augment natural bio-
degradation. Once target clean-up levels for the treated soil and frac sand
are met, the recycled material may be used as backfill and construction
material at Petro-Canada facilities. The proposed facility 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
theA(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 23-2-230.6.3--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 oil and gas production facilities.
Amended Use by Special Review#734 for Action Oil is adjacent to the west,
with rural residential properties in the general vicinity. There are eleven(11)
property owners within 500 hundred feet of this proposed farm land facility.
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, any other applicable code provisions or ordinances in
effect, or the adopted Master Plans of affected municipalities. The existing
site does not lie within the three-mile referral area of any municipality.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V
of the Weld County Code. The existing site is not within a recognized
Overlay District, including the Geologic Hazard, Flood Hazard, or Airport
Overlay 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 proposed facility is located on lands described as fallow
agricultural and pasture land, and will not remove prime agricultural lands
from production.
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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 Petro-Canada Resources(USA) Inc., for a Site Specific
Development Plan and Use by Special Review Permit#1517 fora Mineral Resource Development
Facility,including Oil and Gas Support Services(land treatment facility)in the A(Agricultural)Zone
District on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
B. All sheets of the plat shall be labeled USR-1517.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Road 46 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 46 shall be delineated on the plat. This road is maintained by
Weld County.
3) The main and only access to the proposed Use by Special Review
site is at the top of the hill,adjacent to the oil and gas tank batteries.
This access road shall be delineated on the Use by Special Review
plat.
D. All required Air Emissions Permits must be obtained from the Air Pollution
Control Division, Colorado Department of Public Health and Environment.
Evidence of such shall be submitted, in writing, to the Weld County
Departments of Public Health and Environment and Planning Services.
E. A Soil and 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.
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F. If applicable, a Stormwater Discharge Permit shall be submitted to the
Colorado Department of Public Health and Environment for review and
approval. Evidence of such shall be submitted,in writing,to the Weld County
Departments of Public Health and Environment and Planning Services.
G. A detailed Design and Operations Plan shall be submitted to the Weld
County Department of Public Health and Environment, for review and
approval,for the land treatment facility. The land treatment facility shall be
constructed, and operated, in accordance with the approved design.
Evidence shall be submitted to the Weld County Department of Public Health
and Environment and the Colorado Oil and Gas Conservation Commission
that demonstrates the land treatment facility was constructed in accordance
with the approved design. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
H. A detailed Closure Plan shall be submitted to the Weld County 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 treated and hydrocarbon-contaminated soils will be
disposed of,as well as specific details regarding reclamation of the property.
No equipment associated with the facility shall remain on the property
following closure. Evidence of such shall be submitted in writing to the Weld
County 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 removal of soil
that has been affected by hydrocarbons or other contamination. 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 of such, in
writing, to the Weld County Department of Public Health and Environment.
J. The approximately 20,000 cubic yards of impacted soil, stockpiled at the
subject site, shall be handled as per the Operating Plan. The Form 28 -
Centralized E and P Waste Management Facility Permit application states
that financial assurance for this facility has been provided as per Rule 74.
Upon review of the Colorado Oil and Gas Conservation Commission
(COGCC)records,such financial assurance has not been provided. Given
the current condition of the subject site, an environmental liability exists.
Therefore,Petro-Canada shall provide the required financial assurance with
a completed Form 3 Performance Bond by July 15, 2005. Evidence of
compliance shall be submitted to the Department of Planning Services.
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K. The applicant shall demonstrate compliance with the Development
Standards for all Site Specific Development Review and Special Review
Permits located on part of the NW 1/4 and part of the SW 1/4 of Section 18,
Township 4 North, Range 64 West of the 6th P.M.,Weld County, Colorado.
This shall include Amended Use by Special Review#734 for Action Oil,an
affiliated company of Petro-Canada Resources (USA) Inc.
L. 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.
3. Prior to the Release of Building Permits:
A. A grading permit shall be obtained prior to any thin-spread of soil.
B. A plan review is required for each grading permit. Plans are required to bear
the wet stamp of a Colorado registered architect or engineer. Two complete
sets of plans are required when applying for each permit.
C. Grading shall conform to Appendix J of the 2003 International Building Code.
4 The Use by Special Review activity shall not occur, nor shall any building or electrical
permits be issued on the property, until the Use by Special Review plat is ready to
be recorded in the office of the Weld County Clerk and Recorder.
5. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is.tif(Group 4).(Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
6. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required sixty(60)days from the date the
Board of County Commissioner Resolution was signed, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 2nd day of November, A_D., 2005.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: g �t'v" AaSt /:
���'�' . e, Chair
Weld County Clerk to the B.1 .'1
6 ,,� ) �� . eile, Pro-Tem
D- .uty Cle to the Boar;
'd Long
APPROV AS TO F 'A
Robert D. Masde i
ty A rney z1 t,l
Glenn Vaad
Date of signature:
2005-2960
PL1795
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PETRO-CANADA RESOURCES (USA) INC.
USR#1517
1. The Site Specific Development Permit and Use by Special Review Permit#1517 is for a
Mineral Resource Development Facility, including Oil and Gas Support Services (land
treatment facility)in theA(Agricultural)Zone District,as indicated in the application materials
on file and subject to the Development Standards stated herein.
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 soils and
groundwater does not occur.
4. A Port-A-Potty shall be available on the facility premises.
5. No disposal of waste, other than non-hazardous hydrocarbon-affected soil and frac sand
derived from Petro-Canada oil and gas properties in Weld County.
6. 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.
7. 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.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
9. All chemicals stored on the site must be stored according to manufacturer
recommendations for safe storage and handling.
10. The facility shall notify the Weld County Departments of Public Health and Environment and
Planning Services, and the Colorado Oil and Gas Conservation Commission(COGCC),a
minimum of 90 days prior to closure.
11. The ground water monitoring wells shall be sampled quarterly. At a minimum,ground water
samples shall be analyzed using an appropriate method for, depth to groundwater, Total
Petroleum Hydrocarbons(TPH), Benzene,Ethyl Benzene,Toluene and Xylene. The facility
shall submit groundwater monitoring results quarterly to the Weld County Department of
Public Health and Environment and the Colorado Oil and Gas Conservation Commission.
In the event the down gradient wells exhibit a statistical increase over background levels,the
facility shall:
a. Cease acceptance of contaminated soil on the site,pending review of analytical data
by the Weld County Department of Public Health and Environment and the Colorado
Oil and Gas Conservation Commission.
b. Notify the Weld County Department of Public Health and Environment and the
Colorado Oil and Gas Conservation Commission in writing within five(5)working
days.
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c. Immediately develop a plan to determine the extent of contamination. This plan must
be approved by the Weld County Department of Public Health and Environment and
the Colorado Oil and Gas Conservation Commission.
d. Upon determining the extent of contamination,the facility shall develop a remedial
action plan. This plan must be reviewed and approved by the Weld County
Department of Public Health and Environment and the Colorado Oil and Gas
Conservation Commission.
12. The facility shall collect and analyze soil samples semi-annually, directly beneath the
treatment area. Samples shall be collected at a minimum of ten (10)separate locations.
These samples shall represent impact from the facility,to a depth of five(5)feet. In addition,
yearly soil samples shall be collected at five, ten, fifteen, and twenty feet (or sampled to
groundwater). At a minimum, these soil samples shall be analyzed, using an appropriate
method,for Benzene, Ethyl Benzene,Toluene,Xylene,Total Petroleum Hydrocarbons and
Oil and Grease. The facility shall submit soil monitoring results(including sample locations)
to the Weld County Department of Public Health and Environment and the Colorado Oil and
Gas Conservation Commission. In the event the soils exhibit an impact from the facility at
a depth greater than five (5)feet from grade, the facility shall:
a. Cease acceptance of contaminated soil on the site, pending review of analytical
results by the Weld County Department of Public Health and Environment and the
Colorado Oil and Gas Conservation Commission.
b. Notify the Weld County Department of Public Health and Environment and the
Colorado Oil and Gas Conservation Commission, in writing,within five(5)working
days.
c. Immediately develop a plan to determine the extent of contamination. This plan must
be approved by the Weld County Department of Public Health and Environment and
the Colorado Oil and Gas Conservation Commission.
d. Develop a remedial action plan addressing clean up of the contaminated soil,
determine,and amend operational practices as necessary to abate the impact. The
plan shall be approved by the Weld County Department of Public Health and
Environment and the Colorado Oil and Gas Conservation Commission. The facility
must receive approval from the Weld County Department of Public Health and
Environment and the Colorado Oil and Gas Conservation Commission prior to
accepting additional contaminated soils on the site.
13. Soil and groundwater monitoring requirements may be revised and amended ata later date.
The Weld County Department of Public Health and Environment reserves the right to require
additional environmental monitoring requirements if the facility demonstrates that it is
necessary. The facility may request the Weld County Departments of Public Health and
Environment and Planning Services to amend monitoring requirements, provided an
adequate demonstration can be made of the irrelevance of the monitoring.
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14. Any analysis of waste shall be forwarded to the Weld County Department of Public Health
and Environment. The Department 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. Any 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.
17. 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.
18. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site and bermed in accordance with the Colorado Oil and Gas Conservation
Commission Rule 907,and the submitted application materials to the Colorado Oil and Gas
Conservation Commission and Weld County Department of Public Health and Environment
for review and approval.
19. 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.
20. Waste materials shall be handled,stored,and treated in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions.
21. The facility shall conform and comply with the submitted Site Plan Review application
materials and all applicable rules of the Colorado Oil and Gas Conservation Commission.
22. The facility cannot accept or handle hydrocarbon-affected soils that are non-exploration and
production (E and P)waste, (i.e., diesel impacted soil).
23. Remediated soils used as backfill and construction material at other Petro-Canada facilities
must meet the criteria for sensitive areas in Table 910-1 regardless of the location of such
facility.
24. Beneficial re-use of remediated soils by the Weld County Department of Public Works, or
any other agency or company for road construction projects, must be approved by the
COGCC. These soils must also be sampled and analyzed accordingly by a laboratory.
Laboratory results must demonstrate that the remediated soils meet the criteria for sensitive
areas in Table 910-1.
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25. As per Rule 908.h, operators shall provide copies of notifications to local governments or
other agencies to the COGCC. Petro-Canada shall also provide copies of any reports
required or submitted to Weld County or other regulatory agencies.
26. The facility shall comply with the approved Groundwater Monitoring Plan.
27. 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.
28. The applicant shall co-ordinate grading with the Weld County Department of Public Works
prior to placing the magnesium chloride or calcium chloride on Weld County Road 46.
Maintenance will consist of regular grading and magnesium chloride applications and/or
additional road base to keep the surface smooth,and to control dust as directed by the Weld
County Department of Public Works
29. 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.
30. The operation shall complywith all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
33. 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.
34. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards as shown or stated shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
35. 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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