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RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1032 FOR TWO INJECTION WELLS IN THE A (AGRICULTURAL) ZONE DISTRICT - BASIN OPERATING COMPANY 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 8th day of March, 1995, at the hour of 10:00 a.m. in the Chambers of the Board, for the purpose of hearing the application of Basin Operating Company, 370 17th Street, Suite 1800, Denver, Colorado 80202, for a Site Specific Development Plan and Special Review Permit #1032 for two injection wells in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of Section 3, Township--North, Range 68-West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was not represented, 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. The proposal is consistent-with the Weld County Comprehensive Plan Urban Growth Boundary Area Goals and Policies. A representative of the Town of Erie verbally indicated the town felt neutral about this proposition, while the Tri-Area Planning Commission offered conditional approval. Development Standards and Conditions of Approval should adequately address their concerns. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use bySpecial Review. 950353 PL0985 (i� pzi 1'a3/n SPECIAL REVIEW PERMIT#1032 - BASIN OPERATING COMPANY PAGE 2 c. The use which would be permitted will be compatible with the existing surrounding land uses which include irrigated crops, oil and gas production, rural residences, dryland farming, and Interstate 25. The use which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. d. The property is located in the Sever Geologic Hazard Overlay District. Conditions of Approval and Development Standards address this concern. No other overlay districts are associated with this 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 Basin Operating Company for a Site Specific Development Plan and Special Review Permit#1032 for two injection wells 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 recording the plat: a. The plat shall be amended to show the second injection well and the area to include that well which has been plugged and show and identify all existing facilities on site. b. The applicant shall provide a written document to the Weld County Health Department from the Colorado Oil and Gas Commission verifying that the facility and both wells were adequately constructed to handle the proposed waste volumes. 950353 PL0985 SPECIAL REVIEW PERMIT#1032 - BASIN OPERATING COMPANY PAGE 3 c. A detailed diagram of the injection well which has been approved and permitted by the Oil and Gas Commission shall be submitted to the Weld County Environmental Protection Services Division for review and documentation. d. A copy of the drilling log shall be submitted to the Weld County Environmental Protection Services Division. 4. Prior to pressure testing at the facility, the Weld County Environmental Protection Services Division shall be informed of the specific dates in order to observe the process. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of March, A.D., 1995. BOARD OF COUNTY COMMISSIONERS /� tar COUNTY,ND C LO DO ATTEST: ;r/ ,,, �, � Dale K. Hall, Chairman Weld County Clerk to the Board / . 4.2 A a IC- Y „ A n arbara J. Kirkmeyer, Tem 4 BY: c v litXX,l.�. Deputy Clerk the Board � eorge axter APP AS TO FOR 42- Constance L. Harbert ountyAttorney '_ ` W ,( e � i 1/ , (�o v 950353 PL0985 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS BASIN OPERATING COMPANY USR#1032 1. The Site Specific Development Plan and Special Review Permit is for two Class II water injection wells in the A (Agricultural) Zone District limited to 1000 barrels of brine water per day for the site 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. A person or persons knowledgeable in the operation of an injection well shall be on site when the facility is receiving waste. 4. A safe and adequate sewage disposal system shall be available on the facility premises. A port-a-potty shall be acceptable. 5. A safe and adequate fresh water supply shall be available on the facility premises. 6. A three-foot by four-foot sign shall be posted at the entrance listing wastes accepted, hours of operation, and twenty-four hour emergency telephone numbers. 7. The name of the facility at which the filters will be disposed and copies of any required analysis shall be provided to the Weld County Environmental Protection Services Division. 8. No disposal of waste other than Class II, as defined by the Environmental Protection Agency, shall be permitted. 9. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as measured according to Section 25-12-102, CRS. 10. Fugitive dust shall be controlled on site. 11. A spillage retention berm shall be constructed around each tank battery. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. The surface area within the tank battery berm shall be constructed of at least 24-inch, compacted or insituearthen materials or other low-permeability materials, so as not to exceed a seepage rate of 1 x 10-7 cm/sec. The operator shall have available suitable evidence that a completed lining meeting these requirements is in place. 950353 PL0985 DEVELOPMENT STANDARDS - BASIN OPERATING COMPANY PAGE 2 12. All chemicals stored on site shall be stored in locked buildings, on an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. In any event, manufacturer recommendations shall take precedence. 13. The surfaces around the unloading disposal area shall be constructed of an impervious material and graded to ensure that all spilled waste is contained within the unloading pad and associated containment features. 14. The facility shall be entirely fenced and shall maintain locked gates at all times. 15. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental Protection Division. The Division reserves the right to require additional, more extensive monitoring at a later date. 16. The facility shall maintain compliance with the Treatment and Disposal Methods for the Waste Materials Associated of Oil and Gas Exploration and Production Regulations. 17. This facility shall 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 Commission, and any other applicable agency. 18. The facility shall accept waste from 7:00 a.m. to 8:00 p.m. 19. Upon cessation of injection activities, a detailed closure plan shall be submitted to Weld County Environmental Protection Services Division for review and approval. This shall include the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. 20. The facility shall be limited to eight deliveries per day. 21. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 950353 PL0985 DEVELOPMENT STANDARDS - BASIN OPERATING COMPANY PAGE 3 24. 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 County Regulations. 25. 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. 26. 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. 950353 PL0985 Hello