HomeMy WebLinkAbout950245.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1067 FOR A LAND TREATMENT FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT - H. S. 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 22nd day of
February, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of H. S. Resources, Inc., 1999 Broadway, Suite 3600, Denver, Colorado 80202,
for a Site Specific Development Plan and Special Review Permit #1067 for a land treatment facility
in the A (Agricultural) Zone District on the following described real estate, to -wit:
SE 1/4 of Section 13, Township 3 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Patrick E. Flynn, Environmental Affairs
Manager for H. S. Resources, Inc., 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. 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.
b. This proposal is consistent with the intent of the A (Agricultural) Zone District
and is provided for as a Use by Special Review.
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SPECIAL REVIEW PERMIT #1067 - H. S. RESOURCES, INC.
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c. 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.
d. No overlay districts affect the site.
e. Special Review Permit Development Standards will provide adequate
protection of the health, safety, and welfare of the neighborhood and
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of H. S. Resources, Inc., for a Site Specific Development
Plan and Special Review Permit #1067 for a land treatment facility 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 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 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 area of activity.
4. Prior to recording the plat, the plat shall be amended to show one access to Weld
County Road 37, secured by a locked gate.
5. 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.
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6. Prior to recording the plat, the applicant shall provide a signed copy of the
agreement with the Wardells regarding monitoring and protection of the Wardells'
water source. If such an agreement cannot be reached, those issues will be
considered at a continued hearing date of March 1, 1995, by the Board of County
Commissioners.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of February, A.D., 1995.
ATTEST:
Weld County Clerk to the Board
By. ((74,-L4—,/1
eputy Clerk to the Board —__
APPROV AS TO FORM:
un y Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLORADO
Dale K. Hall, Chairman
a o-Tena�
Barbar J. Kirkmey , �r
74 A-
George if. Baxter
FxrtISFn
Constance L. Harbert
*1 ./e'
W. H. Webster
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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
and subject to the Development Standards stated herein.
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.
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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 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 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 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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c. Immediately 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 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 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, 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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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 herein and all applicable Weld Regulations.
21. The Special Review area shall be limited to the plans shown herein 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.
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