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"` n 82003084 eL 4CR 44,26 160'RO[Y/ I 2 SHEET 2 OF 2 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL REVIEW PERMIT #996 FOR AN OIL AND GAS SUPPORT FACILITY (BRINEWATER DISPOSAL)IN THE A(AGRICULTURAL)ZONE DISTRICT-MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, 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 1st day of October,2003,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, do Conquest Oil Company, 1610 29th Avenue Place #200, Greeley, Colorado 80634, for a Site Specific Development Plan and Second 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: Part of the 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 23-2-230.6.1 --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 Special Review Permit for an Oil and Gas Support Facility (Brine Water Disposal) in the A (Agricultural) Zone District is the second amendment to an existing 2003-2434 re : /'L, AA°L, /26/' t6-, /// (E7) PL0897 SPECIAL REVIEW PERMIT#996 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST PAGE 2 permitted facility. The original Use by Special Review Permit was approved for Conquest Oil Company in 1992 and amended in 1993. Each subsequent application was for the ability to increase capacity. This application is for the expansion of six storage tanks to the existing eighteen (18)storage tanks, tank farm and associated requirements. B. Section 23-2-230.6.2--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. Big Sky Estates PUD is one mile north of the existing facility. There are single family dwellings on acreages 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 23-2-230.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 June 3,2003,stated they had reviewed the request and find no conflict with its interests. E. Section 23-2-230.B.5 --The application complies with Section 23-5 of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The existing site is within the Countywide 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 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. 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. 2003-2434 PL0897 SPECIAL REVIEW PERMIT#996 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST PAGE 3 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,c/o Conquest Oil Company for a Site Specific Development Plan and Second 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 per Section 23-2-260.D of the Weld County Code. B. The plat shall be labeled 2nd AmUSR-996. C. The plat shall be amended to delineate the following: 1. The attached Development Standards. 2. The approved Screening Plan shall address screening of the outdoor storage of materials, including the trash dumpster, associated with this facility from adjacent properties, including the public rights-of- way. D. If the Colorado Department of Health and Environment determines that such a modification represents a significant change in emissions or production, the existing Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit shall be amended to reflect modifications in the operation. E. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. Upon approval, the Screening Plan information shall be graphically delineated on the Use By Special Review Plat. F. 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#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 Commissioner's Resolution. The applicant shall be responsible for paying the recording fee. 2003-2434 PL0897 SPECIAL REVIEW PERMIT#996 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST PAGE 4 3. Prior to the Release of Building Permits: A. A secondary containment concrete structure (floor and walls) shall be constructed around the proposed tank battery. The volume retained by the structure shall be greater than the volume of the largest tank inside the structure. A registered professional engineer shall design the structure. The structure shall prevent any release from the tank system from reaching land or waters outside of the containment area. The operator shall provide evidence from the engineer to the Weld County Departments of Public Health and Environment and Planning Services that the structure has been constructed to meet this criterion. 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 applicable materials. C. 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. D. 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. Prior to Operation: A. The applicant shall contact the office of the Weld County Sheriff to schedule a walk-through of the site for the purpose of implementing the program "Crime Prevention through Environmental Design". 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. 5. 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. 2003-2434 PL0897 SPECIAL REVIEW PERMIT #996 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST PAGE 5 6. The Department of Planning Services respectfully 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 maps(a�co.weld.co.us. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 1st day of October, A.D., 2003. BOARD OF COUNTY COMMISSIONERS M WEL OUNTY, COLORAD ATTEST: D vid E. Lon , Chair Weld County Clerk to the Board Robert . en, Pro-Tem �. rk to the Board ,p�,�, M. J. eile 1861 Ss.1 r•, ayit • j Williag H. Jerke unty At or ey Glenn Vaad — Date of signature: /C/t-7t' 3 2003-2434 PL 0897 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MARCUM MIDSTREAM 1995-2 BUSINESS TRUST C/O CONQUEST OIL COMPANY 1. The Site Specific Development Plan and Second Amended 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-site when the facility is receiving waste. 5. A safe and adequate sewage disposal system shall be available on the facility premises. A vault system shall be acceptable. 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 Special Review permit. 8. The maximum noise level shall not exceed the industrial limit of 80 dB(A), as measured according to Section 25-12-102, C.R.S. 9. Fugitive dust and fugitive particulate emissions shall be controlled on site. 10. The pre-existing spillage retention berms around pre-existing tank batteries shall be maintained to retain a volume greater than the volume of the largest tank inside the berm. The surface area within the pre-existing tank battery berms shall be maintained with at least 24-inch,compacted or in-situ earthen materials or other low-permeability materials, so as not to exceed a seepage rate of 1 x 10-7 centimeters per second. The operator shall maintain the pre-existing lining and berms to meet these requirements. 11. All chemicals stored on site shall be stored 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. 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. The surfaces around the disposal area shall be constructed of an impervious material and graded to insure that all spilled waste is contained within the unloading pad. 2003-2434 PL0897 DEVELOPMENT STANDARDS - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, CIO CONQUEST OIL COMPANY (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 more extensive monitoring at a later date. 15. The facility shall 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 Commission, and any other applicable agency. 16. Any liquid or solid wastes (as defined in the Solid Wastes Disposal 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. 17. Any petroleum-contaminated soils on the facility shall be removed and disposed in accordance with all applicable rules and regulations. 18. 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. 19. Access to the brine water disposal site is from Weld County Road 46. The designated haul route is on Weld County Road 53 and approximately 1,000 feet west on Weld County Road 46. All vehicles hauling to the brine water facility will be restricted from traveling east of Weld County Road 53 on Weld County Road 46. All traffic to the facility will travel west on Weld County Road 46 from Weld County Road 53. The exit route will be east on Weld County Road 46 to Weld County Road 53. Transport trucks weighing up to 40 ton will visit the site approximately 40-50 times a day and less on weekends. 20. 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. 21. 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. 22. 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. All traffic shall utilize the existing access and departure points. 23. 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. 2003-2434 PL0897 DEVELOPMENT STANDARDS - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, CIO CONQUEST OIL COMPANY (USR#996) PAGE 3 24. 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. 25. Structures shall conform to the requirements of the various Codes adopted at the time of permit application. Currently,the following has been adopted by Weld County: 1997 Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code;2002 National Electrical Code and Chapter 29 of the Weld County Code. 26. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. 27. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of determining compliance with the Bulk Requirements from Chapter 27 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. 28. Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Countywide Road Impact Fee Program. 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 31. 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. 32. 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. 33. 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. 2003-2434 PL0897 Hello