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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIONt r f ^ i -
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI3$IONERSIFF 3: E'9
Moved by Marie Koolstra that the following resolution with amendments to Development Standards 9 aitdl 9,
be introduced for passage by the Weld County Planning Commission. Be it resolved by th6 *eicj"County
Planning Commission that the application for:
CASE NUMBER: USR-1067
NAME: H.S. Resources, Inc.
ADDRESS: 1999 Broadway, Suite 3600, Denver, CO 80202
REQUEST: Site Specific Development Plan and a Special Review Permit for a land treatment facility
LEGAL DESCRIPTION: SE4 of Section 13, T3N, R66W of the 6th P.M., Weld County, Colorado
LOCATION: Approximately 1/2 mile east of Weld County Road 35 and north of and adjacent to Weld
County Road 32
be recommended favorably to the Board of County Commissioners 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 Department of Planning Services' staff that the applicant has shown compliance
with Section 24.3 of the Weld County Zoning Ordinance as follows:
This proposal is consistent with the Weld County Comprehensive Plan. The proposed use will
not result in land being taken out of agricultural production; the parcel is rangeland with oil and
gas structures presently on site.
This proposal is consistent with the intent of the A (Agricultural) zone district and is provided for
as a Use by Special Review.
The uses which would be permitted would be compatible with the future development of the
surrounding area as permitted by the A (Agricultural) zone district and with future development
as projected by the Weld County Comprehensive Plan. Neighboring land uses include oil and
gas structures, three rural residences and a radar station.
No overlay districts affect the site.
850679
Exhibit 6
RESOLUTION, USR-1067
H.S. Resources, Inc.
Page 2
- Special Review Permit Development Standards will provide adequate protection of the health,
safety, and welfare of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
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 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. 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.
3. Prior to scheduling a hearing with the Board of County Commissioners:
a. the applicant shall identify the water source for the land treatment facility, as requested by the
Office of the State Engineer in a letter dated November 15, 1994.
b. the applicant shall provide information regarding the number of vehicles accessing the Special
Review site as well as their type, size, weight and frequency of visits, as requested by the Weld
County Public Works Department in a memorandum dated November 7, 1994.
4. Prior to commencement of the Special Review activity, a six-foot high, chain link fence, secured by one
locked gate located adjacent to Weld County Road 37, shall be constructed around the perimeter of
the property.
5. Prior to recording the plat, the plat shall be amended to show one access to Weld County Road 37,
secured by a locked gate.
6. Prior to construction of the proposed wash pit, the applicant shall submit a detailed design, operation
and monitoring plan for the wash pit to the Weld County Health Department and Department of
Planning Services. The plan shall be approved in writing by these departments prior to beginning
construction of the wash pit.
950679
RESOLUTION, USR-1067
H.S. Resources, Inc.
Page 3
Motion seconded by Jack Epple.
VOTE:
For Passage
Ron Sommer
Marie Koolstra
Curt Moore
Judy Yamaguchi
Bud Clemons
Jack Epple
Richard Kimmel
Against Passage
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Sharyn Frazer, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 5, 1995.
Dated the 5th of January, 1995.
Q
Sharyn Fraz
Secretary
950679
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
H.S. Resources, Inc.
USR-1067
1. The Site Specific Development Plan and Special Review permit is for a land treatment facility in the
A(Agricultural) zone district as submitted in the application materials on file in the Department of
Planning Services 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, nonhazardous exploration and production waste materials derived from H.S. Resources -
operated drilling and production sites in Weld County shall be treated and recycled at this facility.
4. The 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 meant 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 maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) as measured
according to 25-12-102, Colorado Revised Statutes.
9. The property owner or operator shall provide an Individual Sewage Disposal System 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.
950679
DEVELOPMENT STANDARDS, USR-1067
H.S. Resources, Inc.
Page 2
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, xylene.
The facility shall submit groundwater monitoring results quarterly to the Weld County Health
Department 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:
a. Cease accepting contaminated soil on site, pending review of analytical data by Weld County
Health Department and Colorado Oil and Gas Conservation Commission.
b. Notify the Weld County Health Department and 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 Health Department and 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 Health Department and 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 a five, ten, fifteen, 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 Health Department and 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 Health Department and Colorado Oil and Gas Conservation Commission.
b. Notify the Weld County Health Department and Colorado Oil and Gas Conservation Commission
in writing within five (5) working days.
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DEVELOPMENT STANDARDS, USR-1067
H.S. Resources, Inc.
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c. Im mediately develop a plan to determine the extent of contamination. This plan must be
approved by the Weld County Health Department 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 Health Department and Colorado Oil and Gas Conservation Commission prior
to accepting additional contaminated soils on site.
13. Soil and groundwater monitoring requirements may be revised and amended at a later date. The Weld
County Health Department reserves the right to require additional environmental monitoring
requirements if the facility demonstrates that it is necessary. The applicant or operator may request
to the Weld County Health Department and Department of Planning Services to amend monitoring
requirements, provided an adequate demonstration can be made of the irrelevance of the monitoring.
Both the Weld County Health Department and Department of Planning Services must approve of the
revisions prior to deletion.
14. The owner or operator shall notify the Weld County Health Department, Department of Planning
Services and Colorado Oil and Gas Conservation Commission a minimum of 90 days prior to closure.
15. The owner or operataor 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
as Conservation Commission, Weld County Health Department and Department of 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. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
18. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
19. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS, USR-1067
H.S. Resources, Inc.
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20. Personnel from the Weld County Health Department and Weld County Department of 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 Regulations.
21. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
Standards and all applicable Weld County Regulations. Major 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 Planning Commission and the 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.
22. 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.
950679
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