HomeMy WebLinkAbout20010911.tiff At: ,� - C.�t. 4
RECEIVED
RESOLUTION ��rr,�����ppppl���MMlFF���I���0 7 1999
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPFCIAL'RE/ V# #`VIII
#1198 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (BRINE WATER
DISPOSAL) IN THE A (AGRICULTURAL) ZONE DISTRICT - ENVIRO-CYCLE, LLC
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 has been presented with a Site Specific Development Plan and
Use by Special Review Permit #1198 for an Oil and Gas Support and Service facility-(brine
water disposal) for Enviro-Cycle, LLC, % Howard Boatricht, 2975 State Farm Road #4, Evans,
Colorado 80620, on the following described real estate, to-wit:
The N'/z NW% of Section 32, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, a hearing before the Board was held on the 9th day of November, 1998, at
which time the Board deemed it advisable to continue said matter to December 21, 1998, then
to January 20, 1999, then to January 27, 1999, then to March 3, 1999, then to April 21, 1999,
then to May 19, 1999, at 10:00 a.m., and
WHEREAS, at said hearing on May 19, 1999, Enviro-Cycle, LLC, % Mike Cervy, current
applicant was represented by Melvin Dinner, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 24.7 of the Weld County Zoning Ordinance.
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states, "Preserve prime farmland for
agricultural purposes which foster the economic health and continuance
of agricultural." The proposal will remove approximately 8 acres of the
parcel from production as there are existing oil and gas facilities on this
corner of the property. Additionally, OG.Policy 1.4 states that oil and gas
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PL1259
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//; •N ri J=;' r 2001-0911
SPECIAL REVIEW PERMIT#1198 - ENVIRO-CYCLE, LLC
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PAGE 2
support facilities which do not rely on geology for locations shall be
subjected for 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.
b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.1 allows for Mineral Resource
Development facilities including oil and gas support and service as a Use
by Special Review.
c. Section 24.4.2.3 -- The proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance and will be compatible with future
development of the surrounding area. The surrounding land uses include
agricultural uses. There is also one residence located on this 80-acre
parcel, south of and adjacent to the 8-acre Use by Special Review area.
d. Section 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The
proposal is not located within a three-mile referral boundary of any
community or Intergovernmental Agreement area.
e. Section 24.4.2.5 -- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to
conserve productive agricultural land. The soils on this site are
categorized as a mix of Prime and Irrigated Non-Prime soils according to
the USDA Soil Conservation Service and Colorado State University. The
subject site will occupy 8 acres of the 80-acre parcel.
g. Section 24.4.2.7 --The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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 Enviro-Cycle, LLC, % Melvin Dinner, for a Site
Specific Development Plan and Special Review Permit#1198 for an Oil and Gas Support and
Service Facility (brine water disposal) in the A (Agricultural) Zone District on the hereinabove
described parcel of land be, and hereby is, granted subject to the following conditions:
991201
PL1259
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SPECIAL REVIEW PERMIT #1198 - ENVIRO-CYCLE, LLC
PAGE 3
1. The attached Development Standards for the Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording the plat. The
completed plat shall be delivered to the Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's Office within 15
days of approval by the Board of County Commissioners.
2. Prior to recording the plat: uu��
A. All required Air Emissions Permits must be obtained from the Air Pollution c4 --
Control Division, Colorado Department.of Public Health and Environment.
B. The applicant shall enter into a Road Improvements Agreement (off-site) i ---
with the Weld County Public Works Department for the upgrading and
paving of Weld County Road 40 through the main entrance for
approximately 500 feet.
C. The applicant shall submit a Storm Water Drainage Plan to the Weld t/C-E-
County Departments of Public Health and Environment and Public Works vt
for review and approval. Said Plan shall address drainage patterns, C1'—
holding ponds and other pertinent information as needed.
D. ) The Special Review activity shall not occur nor shall any building or O-01-
L.. 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.
E. The plat shall be amended to delineate the following:
1) A total of 40 feet from the centerline of Weld County Road 39,z C,
right-of-way reservation for future expansion of Weld County
Road 39 shall be delineated on the plat.
2) A typical cross section of Weld County Road 40 identifying width ✓ 1e___
and depth of base and asphalt or full depth of asphalt. The
paving will be three inches thick and 24-foot wide, four-foot gravel
shoulders shall be delineated on the plat.
3) The 25-foot auxiliary road delineated on the plat shall be clearly c
labeled "For fire protection and emergency use only."
4),-` A "No right turn, local traffic only" sign posted at the entrance/exit
of the proposed facility.
3. Prior to receiving final approval of building permits:
A. A secondary containment concrete structure (floor and walls) shall be i,:/
constructed around each tank battery. The volume retained by each
991201
PL1259
SPECIAL REVIEW PERMIT#1198 - ENVIRO-CYCLE, LLC
PAGE 4
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structure shall be greater than the volume of the largest tank inside the
structure. Each structure shall be designed by a registered professional
engineer. 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
Department of Public Health and Environment and Planning Services that
the structures have been constructed to meet this criteria.
B. A copy of the drilling log shall be submitted to the Weld County v'C3'�
Department of Public Health and Environment.
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C. The "lined cellar" and the "above ground solids control system" shall be k t_
appropriately covered or netted to protect people and wildlife from
entering. The method of covering or netting shall be approved, in writing,
by the Weld County Department of Public Health and Environment.
D. The applicant shall submit evidence to the Weld County Departments of ,z-S,1 J
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. These primarily include the
text and drawings dated May 6, 1999, addressed to Julie Chester, 1''-4- 1
Department of Planning Services.
E. A permitted individual sewage disposal system shall be installed to serve
the facility. In accordance with the Weld County ISDS Regulations, the
system must be designed by a registered professional engineer. The
design must be submitted to the Weld County Department of Public
Health and Environment for review and approval prior to installation.
F. The applicant shall submit evidence to the Department of Planning
Services that the concerns of the LaSalle Fire Protection District have
been addressed to the District's satisfaction.
G. Solids and sediment will accumulate in the "solids control system" and the .
storage tanks. The facility shall submit a detailed plan that describes the it (;.*method that solids will be removed, including all on-site handling
procedures. The plan should also provide the name, address, and phone
number of the facility where the solids and sediment will be treated and/or
disposed. 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.
H. A detailed closure plan shall be submitted to the Department of Public i
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
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PL1259
SPECIAL REVIEW PERMIT #1198 - ENVIRO-CYCLE, LLC
PAGE 5
details regarding reclamation of the property. No structures or equipment
associated with the facility shall remain on the property following closure.
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 •"-°c`
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COL, RA O
ATTEST:
opal K. Hall, Chair
Weld County Clerk to the ar ff
1861 w F .4 'A4 . jA �qt�--
�.� .U)Y6)-: - rba a J. Kirkmeyer, ro-Tem (%
BY: i
Deputy Clerk to the Boa Off
/ �"<`
George E. xter
AP •V �TO FORM: _4,7//.2
J. eile •
o ty Attorney 2O( /,MA
Glenn Vaal---J
991201
PL1259
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ENVIRO-CYCLE, LLC
USR #1198
The Site Specific Development Plan and Special Use Permit is for an Oil and Gas Support
and Service facility (brine water disposal) in the A (Agricultural)Zone District, as indicated
in the application materials on file and subjectto the Development Standards stated hereon.
Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
650-3. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
4- 4. A manager, knowledgeable in operating an injection well, shall be on site when the facility
is receiving waste.
The facility shall obtain water from the Central Weld County Water District.
Qva,6.— A four-foot square sign, not to exceed 16 square feet, shall be posted at the entrance gate
listing wastes accepted, hours of operation, 7:00 a.m. to 7:00 p.m., and twenty-four hour
emergency telephone number.
Jib 7. 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.
.. No disposal of waste, other than Class II, as defined by the Environmental Protection
Agency is permitted. Any change from the approved Class II use would require an
amendment to this Special Review Permit.
The maximum permissible noise level shall not exceed 70 db(A), as measured according
to Section 25-12-102, C.R.S.
§ tit. Fugitive dust must be controlled on this site.
b
. -1t4. All chemicals stored on-site must be in locked buildings, on an impervious surface, provided
manufacturer recommendations for safe storage and handling are in accord. In any event,
a manufacturer recommendations will take precedence.
r fl The surfaces around the disposal area shall be constructed of an impervidus material, and
cgraded to insure that all spilled waste is contained within the unloading pad.
V# 13. The facility must be entirely fenced and shall maintain locking gates during periods when
the facility is closed.
' rq-)-"S. 14. Any analysis of waste will be forwarded to the Weld County Department of Public Health
and Environment. The Department reserves the right to require monitoring at a later date.
t- 991201
PL1259
DEVELOPMENT STANDARDS - ENVIRO-CYCLE, LLC (USR #1198)
PAGE 2
-)15. This 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.
s)-
16. Any petroleum contaminated soils on the facility shall be removed and disposed in
accordance with all applicable rules and regulations.
17. The concrete receiving 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 receiving pad free of ice.
At a minimum, the underdrain shall be inspected weekly. The facility shall maintain a log
on-site recording the date the underdrain was inspected and any observations during the
inspection. In the event fluids are detected in the underdrain, the facility shall cease
operations and notify the Colorado Oil and Gas Conservation Commission and the Weld
County Departments of Public Health and Environment and Planning Services. No fluids
shall be received at the site until the source of the fluids in the underdrain is identified,
repaired, and any remedial work has been completed.
N. A biocide'shall be injected into fluids received at the facility.
'Q. The integrity of the approved covering over the "lined cellar" and the "above ground solids
control system" shall be maintained to protect people and wildlife from entering.
le. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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.
ag. The applicant shall provide adequate toilet facilities (Port -A-Pottys) during construction of
the facility.
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O. The 25-foot auxiliary road delineated on the plat will be used for fire protection and
emergency use only.
} 425. The trucks will turn east at the end of the entrance road and enter onto a concrete grain
y a slab. After depositing the water trucks will move west across the slab and exit the facility
through the main entrance.
q:/$ 26. All tanks and structures shall be painted an earth-tone color and shall be maintained.
lei Truck traffic from the facility shall exit only to the west on Weld County Road 40, unless
e N those trucks have wellhead access served by Weld County.Road 40.
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DEVELOPMENT STANDARDS - ENVIRO-CYCLE, LLC (USR #1198)
PAGE 3
0 i 28. The property owner or operator shall be responsible for complying with the Design
"u- Standards of Section 24.5 of the Weld County Zoning Ordinance.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
O. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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 hereon and all applicable Weld County regulations.
Qv% 31. 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 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.
s✓ 32. 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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991201
PL1259
RESOLUTION
RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - ENVIRO-CYCLE, LLC
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, by Resolution #991201, dated May 19, 1999, the Board of Weld County
Commissioners approved a Site Specific Development Plan and Use by Special Review Permit
#1198, for Enviro-Cycle, LLC, on the following described real estate, to-wit:
The N14 NW% of Section 32, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval in said Resolution, the Board
has been presented with a Road Maintenance and Improvements Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Enviro-Cycle, LLC, with terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Road Maintenance and Improvements Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Enviro-Cycle, LLC, be, and hereby is,.approved.
acid County Planair-g . 4
OCT 0 g 1999
R E w �v _sr
FPc £nvira - Cycic- , rP(t� 991601
. PL1259
IMPROVEMENTS AGREEMENT - ENVIRO-CYCLE, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of July, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
■ �,� n / // D COUNTY, COL RADO
il
AT '5V ;L' a VA�
ar D`a��leK. Hall, Chair
�S jf Board `<'15vEji,�. 4 all , ,v� UU
�tnY fir!
" y / / Barbar J. Kirkmeyer, Pro-Tem
'SI/ /t >_ -x if
=/ e Board___
Georg xter
APPROVED 6'S TO FORM:
M. J Geile
,�
Co c �j� ;tf
ty Atiorney �0
Glenn Vaad
991601
PL1259
COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this i day of 1999, by and
between the COUNTY of WELD, STATE OF COLORADO, hereinafter called" unty"and Enviro-Cycle,
LLC, hereinafter called "Enviro-Cycle," and
WHEREAS, Enviro-Cycle has been granted a Weld County Use by Special Review Permit for an
oil and gas support and service facility (brine water disposal) operation on 8 acres, portions of the N2
NW4 of Section 32, Township 4 North, Range 65 West of the 6th Principal Meridian, and
WHEREAS, the brine water disposal will generate an increase in vehicle traffic, and
WHEREAS, the existing County roads that serve the brine water disposal will require increased
maintenance and improvement due to the increase in vehicle traffic, and
WHEREAS, the County and Enviro-Cycle have reviewed maintenance and improvements
proposals put forth by Enviro-Cycle, and both parties agree that such maintenance and improvements will
enhance the accessibility and safety of the roads that serve said brine water disposal.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the County and Enviro-cycle agree as follows:
1. The County roads which serve said brine water disposal are Weld County Road (WCR)
40 between WCR 39 and the main entrance, approximately 500 feet east (haul route).
2. The additional upgrading and paving through the main entrance from approximately 500
feet. This paving will be four inches thick or full depth asphalt and 24 feet wide with six
inches of aggregate base course with four-foot gravel shoulders.
3. Enviro-Cycle agrees to excavate and patch any damage on WCR 40 that has been created
by heavy hauling from brine water disposal as determined by Weld County Public Works
Department.
4. At any time in the future, when WCR 40 damage has increased beyond the point that
patching can reasonably restore the road, Enviro-Cycle will cooperate with County in the
reconstruction of those parts of said road.
5. When reconstruction is regdired, the details of such reconstruction and the amount of
asphalt and aggregate base course required will be determined by sampling and testing
of the existing road by the Weld County Public Works Department.
6. When reconstruction is required, Enviro-Cycle will supply and pay the cost of the hot
bituminous pavement, aggregate base course, equipment, and labor for reconstruction..
7. When reconstruction is required,County will reimburse Enviro-Cycle for the cost of AC-10
liquid asphalt for the manufacture of hot bituminous pavement.
111111111111111111111111 III 1111111 IIIII III 11111 1111 Jill
2713817 08/13/1999 03:30P Weld County CO
1 of 3 R 0.00 D 0.00 JR Suit! Tsukamoto =7y
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Road Maintenance and Improvements Agreement
Page 2
8. All construction and materials controls for a project will be in accordance with the 1991
Standard Specifications for Road and Bridge Construction, and modified by the December
1, 1996, Supplemental Specifications, as provided by the Colorado Department of
Transportation. During Construction, signage shall be posted in accordance with the
Uniform Manual on Traffic Control Devices.
9. The term of this Agreement is from the date of entering as aforementioned, and shall run
continuously until Enviro-Cycle ceases its operation of said brine water disposal.
10. County shall be responsible for payment of costs due in future fiscal years Qnly if fund
are appropriated and are otherwise available for the services and functions which are tyi
described herein.
11. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned parties, and nothing
contained in this Agreement shall give or allow any claim or right of actions whatsoever
by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services
or benefits under this Agreement shall be deemed an incidental beneficiary only.
12. Indemnification: To the extent authorized by law, Enviro-cycle agrees to indemnify, save,
defend, and hold harmless County from any and all liability incurred as a result of acts,
omissions, or failures to act by Enviro-Cycle in his performance of the duties set forth in
this Agreement on those portions of WCR 40 described in this Agreement. The term
liability includes, but is not limited to, any and all claims, damages, and court awards,
including costs, expenses, and attorneys- fees, incurred as a result of any act or omission
by Enviro-Cycle and it employees.
13. No modifications, amendment, novation, renewal, or other alteration of or to this
Agreement shall be deemed valid or any force or effect whatsoever, unless mutually agreed
upon in writing by the undersigned parties. NO breach of any term, provision, or clause
of this Agreement shall be deemed,waived or excused, unless such waiver or consent shall
be in writing or signed by the party claimed to have waived or consented. Any consent
by any party hereto, or waiver of, a breach by any other party, whether expressed or
implied, shall not constitute a consent to, waiver of, or excuse for any different or
subsequent breach.
14. Non-Assignment: This Agreement shall not be assignable without prior written consent
of County or Enviro-Cycle, whichever is the non-assigning party.
r-.
11111111111111111111111 III 111111111111 III 11111 IIII IIII
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Road Maintenance and Improvements Agreement
page 3
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and year
first above wri n.
ATTEST: t ,, ILA) BOARD OF COUNTY COMMISSIONERS
!� ; „.- WELD COUNTY, COLORADO
Weld County Clerk to the :..: d \cilti�r '�`�`
ies>
v- BY: �/
BY: _t (i/. i\•::' s Dale K Hall, Ch 1
Deputy County Clerk �%TAR
ENVIRO-CYCLE, LLC
MIKE CERVI
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TITLE: Mt q 1 J tt
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1 111111 11111 111111 111111 III 1111111111111111111"I" MI MI
2713817 08/13/1999 03:30P Weld County CO
3 of 3 R 0.00 D 0.00 JR Suki Tsukamoto
•
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext 3540, Fax(970) 353.6312
USE BY SPECIAL REVIEW APPLICATION
Application Fee Paid Receipt# at{-j42 DateLAySat____
Recording Fee Paid Receipt# Date
Application Reviewed by:
TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature)
Eight (8) acres, more or less, located in the
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NWI NW3
PARCEL NUMBER: 1 0 5 5 3 2 0 0 0 0 0 8 (12 digit number-found on Tax I.D.
Information or obtained at the Assessor's Office.
Section 32 T 4 N, R 65 W-Total Acreage 80 Zone District A Overlay Zone
Property Address (if available)
Proposed Use Oil & Gas Support & Service Facility - Brine Water Disposal
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE SPECIAL REVIEW
PERMIT
Name: Howard C. Boatright Address: 2975 State Farm Road #4
City/State/Zip: Evans CO 80620 Home Telephone: 970-356-70Usiness Telephone
Name: Address:
City/State/Zip: Home Telephone: Business Telephone
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APPLICANT OR AUTHORIZED AGENT(if different than above)
Name: Enviro-Cycle LLC
Address: 2975 State Farm Road #4 City/State/Zip: Evans CO 80620
Home Telephone: 970-356-7091 Business Telephone: 970-396-0871
DEPARTMENT OF PLANNING SERVICES USE ONLY
Case# , 119 8
Floodplain: a Yes "p( No011SL Geologic Hazard: a Yes % No
�-. I hereby state that all statements and plans submitted with the application are true and correct to the best of
my knowledge.
`Ye) " ��
Rev: 1-27-97 ,)\- Signature. •wner o utho nt
S
WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP
ATTORNEYS AT LAW
822-7TH STREET.SUITE 760
STOW L WITWER.JR. CHARLES A. KAROWSKY
R.SAM OLDENBURG GREELEY. CO 80631 RETIRED
JOHN J. BARRY
JEFFREY T. BEDINGFIELD (970)352-3161
JACQUELINE JOHNSON
FACSIMILE(970)352-3165
PATRICK M.GROOM
July 7, 1998
Weld County Department of Planning Services
1400 North 17'°Avenue
Greeley, CO 80631
Ladies and Gentlemen:
Enviro-Cycle, LLC herewith submits,pursuant to Sections 24 and 31.4.1, its Application for a Site
Specific Development Plan Use by Special Review for an oil and gas support and service facility in
the Agricultural Zone District. The Applicant is proposing a facility to be used for the disposal of
water produced as part of the normal operation of oil and gas wells. The facility will be used to treat,
filter and separate produced water so that it can be injected into a well which will be drilled to the
Lyons formation under a permit from the Colorado Oil and Gas Conservation Commission.
This Application consists of the following items:
1. An original application form plus 19 copies.
2. Ten copies of the Special Review plat map.
3. One reduced copy of the Special Review plat map.
4. An original Special Review Use Questionnaire plus 19 copies.
5. An original Weld County Road Access Information Sheet plus 9 copies.
6. One copy of a document showing evidence of an adequate water supply.
7. One copy of a document showing evidence of adequate sewage disposal.
8. One copy of a legal instrument identifying the Applicant's interest in the property.
9. One copy of a soils report.
10. One copy of an affidavit and certified list of names and addresses of surface owners
within 500 feet of the property.
11. One copy of an affidavit and certified list of names and addresses of mineral owners
and lessees of minerals.
12. Certificate of Conveyance.
13. An application fee in the amount of$1,100.00.
WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP
Weld County Department of Planning Services
Page 2
July 7, 1998
We look forward to working with you to accomplish the review and approval of this Application.
Very truly yours,
WITWER, OLDENBURG,
BARRY& BEDINGFIELD, LLP
Jacqueline Johnson
vle
Enclosures
pc: Mike Cervi
r
USE BY SPECIAL REVIEW OUESTIONNAIRE
1. How is this proposal consistent with the Weld County Comprehensive Plan?
Goal A.1 of the Weld County Comprehensive Plan is to preserve prime farmland for
agricultural purposes. Goal A.5 provides that the extraction of mineral and oil and gas resources
should preserve or minimize the impact on prime agricultural land. The proposal is consistent with
these goals because the facility is located on a parcel which,although in the agricultural zone district,
is heavily used for oil and gas production,making cultivation impractical. Additionally,the facility
is restricted to approximately eight(8) acres of the eighty(80)acres owned by the Applicant.
In the chapter on Environmental Quality, the Weld County Comprehensive Plan addresses
the disposal of water extracted during the production of crude oil and natural gas. Environmental
Quality Goal 3 requires disposal facilities for such water to be planned, located, designed and
operated so as to be compatible with surrounding land uses in terms of general use, scale, height,
traffic, dust,noise and visual pollution. The proposal is consistent with this goal in that it meets all
applicable requirements set forth in Environmental Quality Policy 9.
The Oil and Gas Goals and Policies of the Weld County Comprehensive Plan state that
exploration and production should occur in a manner which minimizes the impact to agricultural
uses and to the environment. The land on which the proposal will be located is already substantially
impacted by oil and gas production. Thus,the proposal will not create a new impact on agricultural
land. Additionally,because waste disposal sites are relatively few in Weld County,the proposal will
reduce the environmental impact of oil and gas production. The proposal is located approximately
mid way between two existing disposal wells; thus it provides mineral owners and operators with
an additional,convenient facility in which to dispose of waste in an environmentally sound manner.
2. How does this proposal meet the intent of the zone district it is located in?
Section 31.4.1 of the Weld county Zoning Ordinance provides that Oil and Gas Support and
Service facilities are permitted as Uses by Special Review in the Agricultural Zone District. Oil and
Gas Support and Service facilities include disposal and recycling sites for production waste.
3. How is this use compatible with future development as stated in the Weld County
Comprehensive Plan?
The proposal will not substantially interfere with existing surface use because the parcel on
which it is located already contains a large number of wells and production facilities, making the
land difficult to farm. The proposal will be operated under a permit from the Colorado Oil and Gas
Conservation Commission which will include procedures for reclamation upon cessation of the
operation of the disposal facility.
4. What type of uses surround this site? Is this request compatible with surrounding uses?
The surrounding uses are primarily agricultural and oil and gas production. Numerous oil
and gas wells and tank batteries are located on the site and the surrounding areas. The facility will
not be open to receive waste water except between the hours of 7:00 a.m. and 7:00 p.m. so as not to
disturb the residents of the relatively few homes located in the area.
5. Is the property located within a Flood Hazard zone, Geologic Hazard zone or Airport
Overlay zone?
No.
6. What efforts have been made to conserve productive agricultural land?
The facility will be sited on only approximately eight(8)acres of the total property owned
by the Applicant. The entire eighty(80)acre parcel is already significantly impacted by oil and gas
development,making cultivation of the parcel difficult. No loss of production will occur as a result
of the proposal. Additionally, the creation of an additional disposal facility will encourage the
proper disposal of production water and may deter illegal dumping and the resulting environmental
damage.
7. How will public health,safety and welfare be protected?
The facility will be regulated both by the operation standards imposed by Weld County and
by the Colorado Oil and Gas Conservation Commission. These standards will address public health,
safety and welfare concerns including prevention of groundwater and soil contamination and
adequate traffic, dust and noise control. Attendants will be on duty during the hours the facility is
open. The facility will be fenced,and the access roads will be gated and locked during non-business
hours.
8. What will the site be used for?
The site will be used for a facility for the disposal by injection of water that is produced as
part of the normal operation of oil and gas wells. Trucks will deliver the water to the site where it
will be filtered through sand traps to remove sediment. The sediment will periodically be removed
from the site for disposal in an approved facility. The oil will be separated from the water and
stored in three (3)three hundred(300) barrel tanks until it is sold. The water will be stored in six
(6) five hundred(500)barrel tanks and pumped into an injection well.
9. How close is this site to other residential structures?
The closest residential structures are approximately Six Hundred Feet (600') from the
location of the facility.
2
10. How many people will be employed at this site and what hours will they work?
Between five (5) and seven (7) people will be employed at the site, and they will work
between the hours of 7:00 a.m. and 7:00 p.m.
11. How many people will use this site?
The Applicant anticipates that approximately fifteen(15)to twenty-five (25)trucks will use
the site in any given day.
12. What type of animals, if any, will be on this site?
There will not be animals on the site.
13. What type and how much, f any, operating and processing equipment will be utilized on
the site?
The Special Review plat map submitted with this Application sets forth the details of the
equipment that will be used on the site. The operating and processing equipment includes an
injection well, two pump houses, an electric control house, water and gas lines, sand traps, a butane
tank, a heater treater, a scrubber tank, twelve storage tanks and a pump mixer.
14. What type and how many structures will be erected(built) on this site?
The Special Review plat map submitted with this Application sets forth the details of the
structures to be built on the site. In addition to the equipment described above, the site will contain
an office, a concrete slab and a storage building.
15. What kind(type,size, weight) of vehicles will access this site and how often?
Vehicular traffic will consist of water trucks having a capacity of Eighty(80)to One Hundred
Twenty(120)barrels,with an approximate gross weight of Eighty Five Thousand(85,000)pounds.
The estimated number of vehicles daily is between Fifteen(15) and Twenty Five (25).
16. Will this site use a septic system or public sewer facilities? Enclose a letter from the
sanitary sewer district or a copy of the septic permit.
A septic system will be installed on-site in conjunction with the construction of the office
where toilet facilities will be located.
3
17. Are you proposing storage or stockpile of wastes on this site? If so, what is the size and
type proposed?
There will be no stockpiling of any waste on the site. Produced water will be stored in six
water storage tanks until it is disposed of into the injection well. Oil separated from the produced
water will be stored in three storage tanks until it is sold. The sediment filtered from the water will
be accumulated on a concrete slab and hauled away periodically by truck for disposal offsite at an
approved location.
18. How often will debris,junk, or waste be disposed of? By what means?
Debris, junk and waste other than that described above will be stored in trash bins and
periodically hauled away for disposal offsite at approved locations.
19. How long will it take to construct this site and when will construction begin?
Construction will begin as soon as possible after approval of Use by Special Review.
Drilling the well and the construction and installation of buildings and equipment will take
approximately ten(10)weeks.
20. Explain the proposed landscaping plans and erosion control measures associated with this
site.
The tanks and buildings will be painted tan or green to blend in with the natural environment.
The main entryway and apron will be paved, and all other areas accessed by vehicles will be
graveled. There are large trees located on the west side of the property which will screen the
facility. Erosion is not expected to be a problem because of the lack of a significant contour change
within and around the site.
21. Explain any proposed reclamation procedures when termination of the Special Review use
begins. -
The area will be reclaimed by returning the land to agricultural uses. Equipment and
buildings will be dismantled and removed. The injection well will be plugged and abandoned in
accordance with the rules and regulations of the Colorado Oil and Gas Conservation Commission.
22. Explain the need for the proposed use(activity) in Weld County.
As stated in the Weld County Comprehensive Plan, oil and gas development is an integral
part of the county's economy, and the disposal of produced water is an integral part of oil and gas
development. With the anticipated closing of the county's only evaporative disposal facility, there
will be fewer options available to producers for the disposal of produced water. The proposed use
4
''� will encourage the proper disposal of produced water so as to protect the environment. The location
of the proposal mid way between two existing disposal wells will shorten haul lengths and should
reduce traffic.
23. Who will provide fire protection for this site?
The facility is located in the LaSalle Fire Protection District. Additionally,fire extinguishers
will be placed at strategic locations on the site.
24. Who will provide water to this site?
Water will be provided by the Central Weld Water Conservancy District.
25. How will storm water drainage be handled on the site?
Because of the relatively small portion of the parcel which will be used for the facility, little
change in drainage patterns is anticipated. Storm water will continue to drain from the facility site
as it currently does, flowing onto the remainder of the Applicant's land of approximately Seventy-
two (72)acres.
r
5
Road File#
RE _
Other Case No.
�" APPENDIX B '
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date:
933 North 11th Avenue, P.O. Box 758, Greeley, CO 80632
Phone: (970)356-4000, Ext. 3750 Fax: (970)352-2868
1. Applicant Name Enviro—Cycle LLC Phone 356-7091; 396-0871
Address 2975 State Farm Road #4 City Evans State_CQ Zip 80620
2. Address or I3c tion of access NWi NW1
Section Township 4N Range 65W
Subdivision Block Lot
Weld County Road # 40 Side of Road south Distance from nearest intersection 300
3. Is there an existing access to the property? Yes x No #of accesses
4. Proposed Use:
m Permanent §1 Residential/Agricultural ❑ Industrial
O Temporary ❑ Subdivision ❑ Commercial ❑ Other USR
*as********************a****************************a************a***a*******************a********** aa.--
5. Site Sketch
`�.
Legend for Access Description:
" 3 = Residential I link
vdcG = Oil&Gas
3 I
D.R. = Ditch Road
_-- 7 7
OFFICE USE ONLY: ._
Road ADT Date Accidents Date :
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
O Installation authorized ❑ Information Insufficient
Reviewed By: Title:
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