HomeMy WebLinkAbout991201.tiff RESOLUTION
RE: APPROVE 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 - 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 Boatright, 2975 State Farm Road #4, Evans,
Colorado 80620, on the following described real estate, to-wit:
The N'% 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.
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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SPECIAL REVIEW PERMIT#1198 - ENVIRO-CYCLE, LLC
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•
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:
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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:
A. All required Air Emissions Permits must be obtained from the Air Pollution
Control Division, Colorado Department of Public Health and Environment.
B. The applicant shall enter into a Road Improvements Agreement (off-site)
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
County Departments of Public Health and Environment and Public Works
for review and approval. Said Plan shall address drainage patterns,
holding ponds and other pertinent information as needed.
D. 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.
E. The plat shall be amended to delineate the following:
1) A total of 40 feet from the centerline of Weld County Road 39
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
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
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
constructed around each tank battery. The volume retained by each
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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
Department of Public Health and Environment.
C. The "lined cellar" and the "above ground solids control system" shall be
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
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,
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
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
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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details regarding reclamation of the property. No structures or equipment
associated with the facility shall remain on the property following closure.
I. 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
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: lidi r 1.
� „ �� `��al- K. Hall, Chair
Weld County Clerk to the tar•um �� T v
_ �:f=rba a J. Kirkmeyer, ro-Tem
d-4Deputy Clerk to the Bo ( ��s 'XGeor E. xter
AP • TO FORM:
J. eile
o ty Attorney
Glenn Va
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ENVIRO-CYCLE, LLC
USR#1198
1. 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 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. 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. The facility shall obtain water from the Central Weld County Water District.
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.
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.
8. 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.
9. The maximum permissible noise level shall not exceed 70 db(A), as measured according
to Section 25-12-102, C.R.S.
10. Fugitive dust must be controlled on this site.
11. 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,
manufacturer recommendations will take precedence.
12. 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.
13. The facility must be entirely fenced and shall maintain locking gates during periods when
the facility is closed.
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.
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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.
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.
18. During winter months, the facility shall maintain the receiving pad free of ice.
19. 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.
20. A biocide shall be injected into fluids received at the facility.
21. 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.
22. 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.
23. The applicant shall provide adequate toilet facilities (Port-A-Pottys) during construction of
the facility.
24. The 25-foot auxiliary road delineated on the plat will be used for fire protection and
emergency use only.
25. The trucks will turn east at the end of the entrance road and enter onto a concrete grain
slab. After depositing the water trucks will move west across the slab and exit the facility
through the main entrance.
26. All tanks and structures shall be painted an earth-tone color and shall be maintained.
27. Truck traffic from the facility shall exit only to the west on Weld County Road 40, unless
those trucks have wellhead access served by Weld County Road 40.
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28. The property owner or operator shall be responsible for complying with the Design
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.
30. 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.
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.
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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