HomeMy WebLinkAbout20002094.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT#1067 FOR AN OIL AND GAS SUPPORT AND SERVICE
FACILITY (LAND TREATMENT) IN THE A(AGRICULTURAL) ZONE DISTRICT -
HS RESOURCES, 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 4th day of
October, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of HS Resources, Inc., 1999 Broadway, Suite 3600, Denver, Colorado
80202, for a Site Specific Development Plan and Amended Use by Special Review Permit
#1067 for an Oil and Gas Support and Service Facility (land treatment) in the A (Agricultural)
Zone District on the following described real estate, to-wit:
Part of the SE1/4 of Section 13, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Jim Wason at said hearing, 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.
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 -The proposal is consistent with the Weld County
Comprehensive Plan. The intent of this proposal is to amend out forty
acres that have not been utilized by the land treatment facility and place a
natural gas compressor site on the land. OG.Goal 1 states, "Oil and gas
exploration and production should occur in a manner which minimizes the
impact to agricultural uses and the environment and reduces the conflicts
between mineral development and current and future surface uses.
e ' AZ 4)/9/ ge p, tit)) f/L IEP) 2000-2094
PL0984
AMENDED USE BY SPECIAL REVIEW PERMIT#1067 - HS RESOURCES, INC.
PAGE 2
b. Section 24.4.2.2 -- The proposal is consistent with the intent of the A
(Agricultural) Zone District in which the use is located. Section 31.4.1 of
the Weld County Zoning Ordinance provides for oil and gas support and
service as a Use by Special Review in the A (Agricultural) Zone District.
c. Section 24.4.2.5 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. Uses within the surrounding area
are dryland pasture and grass crops. Only four homes are within one-
quarter mile of the site. Beebe Draw Subdivision lies one mile to the
east. Conditions of Approval and Development Standards will ensure that
any incompatibilities will be mitigated.
d. Section 24.4.2.4 -- 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 the
Comprehensive Plan or Master Plan of affected municipalities. The site
does not lie within the Urban Growth Boundary or referral area of any
municipality.
e. Section 24.4.2.5 -- This proposal does not lie within any Overlay Districts.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the
proposed use. The proposed site is designated "Other" by the U.S.D.A.
Soil Conservation Services. No prime farm ground exists on the site.
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 HS Resources, Inc., for a Site Specific
Development Plan and Amended Use by Special Review Permit #1067 for an Oil and Gas
Support and Service Facility (land treatment) in the A (Agricultural) Zone District on the
hereinabove described parcel of land be, and hereby is, granted subject to the following
conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners.
2000-2094
PL0984
AMENDED USE BY SPECIAL REVIEW PERMIT#1067 - HS RESOURCES, INC.
PAGE 3
2. Prior to recording the plat:
A. The applicant shall enter into a Non-Exclusive License Agreement for the
Upgrade and Maintenance of Weld County Right-of-Way along the Weld
County Road 37 section line.
B. All miscellaneous equipment and debris stored along Weld County
Road 37 shall be screened from all adjacent properties and public
rights-of-way, or be removed from the property.
C. The applicant shall submit a recorded copy of an access agreement
signed by all owners of property which is crossed by the access to the
Department of Planning Services. The access shall be for ingress and
egress and shall be referenced on the plat by the Weld County Clerk and
Recorders reception number.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of October, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: t14.K(≥ EXCUSED D TE OF SIGNING (AYE)
* Barbara J rkmeyer, Chair
Weld County Clerk to t i!?,�: '�
L, M. J G ile, Pro-Tem
BY: s_ C l • IB , ti �re
Deputy Clerk to the Bo'R. � �� ��� � R
/ George Baxter
O-E
APPROVED AS TcR • EXCUSED
Dale K. Hall/ R
nty`Attorniy /Siu )
Glenn Vaad
2000-2094
PL0984
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HS RESOURCES, INC.
AMUSR#1067
1. The Site Specific Development Plan and Amended Use by Special Review Permit is for an
Oil and Gas Support and Service Facility (land treatment) 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 90 of the Weld
County Zoning Ordinance.
3. Only solid, non-hazardous exploration and production waste materials derived from HS
Resources drilling and production sites in Weld County shall be treated and recycled at this
facility.
4. The Use by Special Review Permit shall not be transferable to any successors in interest
to the property and shall terminate automatically upon conveyance or lease of the property
to others for the operation of the land treatment facility.
5. No permanent disposal of wastes shall be permitted at this site. This is not intended to
prohibit the beneficial application of fresh water-based bentonitic drilling mud.
6. Waste materials shall be handled, stored, and treated in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site.
8. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District as delineated in Section 25-12-103, C.R.S.
9. The property owner or operator shall provide an Individual Sewage Disposal System
(I.S.D.S.) in accordance with Weld County regulations. A vault system or portable toilet is
acceptable.
10. The property owner or operator shall conform and comply with the Use by Special Review
application materials dated September 29, 1994; the Colorado Oil and Gas Conservation
Commission Rule 907 application materials dated October 13, 1994;and the supplemental
information dated December 12, 1994.
11. The property owner or operator shall monitor the eight(8)groundwater monitoring wells on
site 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 applicant or operator shall:
2000-2094
PL0984
DEVELOPMENT STANDARDS - HS RESOURCES, INC. (USR #1067)
PAGE 2
a. Cease accepting contaminated soil on 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.
c. Immediately develop a plan to determine the extent of contamination. The
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. The 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 applicant or operator shall collect and analyze soil samples semi-annually directly
beneath the treatment area. Samples shall be collected at a minimum of eight(8)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 accepting contaminated soil on 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. The 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 and
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 prior to
accepting additional contaminated soils on site.
2000-2094
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DEVELOPMENT STANDARDS - HS RESOURCES, INC. (USR#1067)
PAGE 3
13. Soil and groundwater monitoring requirements may be revised and amended at a 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 applicant or operator may request the Weld County Departments of
Public Health and Environment and Planning Services to amend the monitoring
requirements, provided an adequate demonstration can be made of the irrelevance of the
monitoring. Both the Weld County Departments of Public Health and Environment and
Planning Services must approve of the revisions prior to deletion.
14. The owner or operator shall notify the Weld County Department of Public Health and
Environment and the Colorado Oil and Gas Conservation Commission a minimum of ninety
(90) days prior to closure.
15. The owner or operator shall submit a Closure Plan in accordance with Colorado Oil and
Gas Conservation Commission Rule 907 and the submitted application materials to the
Colorado Oil and Gas Conservation Commission,as well as the Weld County Departments
of Public Health and Environment and Planning Services for their review and approval prior
to closure.
16. The facility shall maintain the approved Operation and Monitoring Plan for the wash pit.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
19. 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.
20. 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.
21. 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.
2000-2094
PL0984
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