The URL can be used to link to this page

Browse Search

Home My WebLink About20223148.tiffPlanner: Case Number: Property Owner: Applicant: Representative: Request: Legal Descriptions: LAND USE APPLICATION SUMMARY Maxwell Nader USR22-0026 Calvary Farms LLC 134 Oak Avenue, Eaton, CO 80615 Bayswater Exploration & Production LLC c/o Ryan Kaminky 730 17th St #500, Denver, CO 80202 Ascent Geometrics Solutions, 8620 Wolff Ct., Westminster, CO 80031 Hearing Date: November 1, 2022 A Site Specific Development Plan and Use by Special Review Permit, for Oil and Gas Support and Service, including Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and related tanks and ancillary equipment (Calvary SWD Facility) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. A part of the SE4NE4 of Section 19, Township 7, Range 65 West of the 6th P.M., Weld County, Colorado and Lot B of Recorded Exemption RECX16-0112; being part of Section 19, Township 7, Range 65 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 39; approximately 0.39 miles north of County Road 78 Size of Parcels: ± 10.53 acres Parcel Nos. 0709-19-0-00-018 ± 154.36 acres & 0709-19-4-00-011 The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Weld County Oil & Gas Energy Department, referral dated October 17, 2022 • Weld County Office of Emergency Management, referral dated October 13, 2022 • Weld County Department of Public Health and Environment, referral dated October 10, 2022 • Weld County Department of Planning Services — Development Review, referral dated October 3, 2022 The Department of Planning Services' staff has not received responses from the following agencies: • Town of Ault • Town of Eaton • Ault -Pierce Fire Department • Weld County Sheriff's Office • West Greeley Conservation District • North Weld County Water District • Colorado Oil and Gas Conservation Commission • Weld County Department of Planning Services - Code Compliance USR22-0026, Calvary Farms LLC Page 1 of 12 Case Summary: The proposal is for an unmanned Class II saltwater disposal facility located within an existing Weld Oil and Gas Location Assessment site (WOGLA18-0020). The proposed facility will include a 3,600 SF building, four (4) injection pumps, one (1) surface valve set, two (2) oil tanks, two (2) gun barrel tanks, six (6) water tanks, and four (4) offload pumps. Produced water will eventually be transferred by pipeline, reducing that amount of traffic to the facility. But for immediate operation produced water will be trucked in and be on site for up to 45 minutes to unload water. The facility will operate 24 -hours a day, seven (7) days a week. The two (2) employees will be on site for up to one hour to make daily checks of the equipment and operation. The site is currently located on two (2) parcels. The property owner(s) are currently going through estate planning that will eventually have WOGLA18-0019, WOGLA18-0020 and the proposed USR on one (1) parcel and separating the agricultural production. WOGLA18-0019 is the WOGLA that the proposed USR will be cited within, WOGLA18-0020 is located north of the USR citing. DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-30.A.2 -- Commit to the economic future of agriculture states, "Limit the density and intensity of development to maintain agricultural areas." The proposed facility is located on lands considered to be the 'dry corner" of one of the Calvary Farms holdings without irrigation water and is currently used for oil and gas development, grazing and pasturing. The shorter -term decision is to create a 35 -acre parcel for all oil and gas activities, leaving open options for continued agricultural activities on the remaining 285 acres. The proposed metal skinned pump house building to be constructed on site is similar in size to area agricultural buildings and structures Section 22-2-40.A.1 -- Support compatible economic development opportunities states, "Identify target areas where the County is able to encourage shovel -ready commercial and industrial development." The proposed location for the Class -II saltwater injections wells will be located on an existing Weld Oil and Gas Location Assessment site (WOGLA18-0020). The proposed use and equipment that will be on site will not increase the disturbance area of the WOGLA making this site shovel -ready development. Section 22-2-60.B.-- states "Support responsible energy and mineral development." The proposed Class -II saltwater injection facility is located on an existing WOGLA18-0020 site. The existing site has an access permit onto County Road 39. (AP18-00098 Oil and Gas). The existing access will be utilized for the proposed class -II saltwater injection facility therefore not requiring additional accesses. Conditions of approval have been included to ensure that proper tracking control and road maintenance is required. County Road 39 is a paved road and is designated on the Weld County Functional Classification Map as a local road. USR22-0026, Calvary Farms LLC Page 2 of 12 The proposal for a Class -II saltwater injection well facility and associated equipment are being permitted through the Colorado Oil and Gas Conservation Commission (COGCC) prior to operation. Oil and gas development in the County, is an integral part of the County economy and has a substantial direct and indirect impact on current and future land use. Oil and gas development is cyclical, but the economics of energy suggests there will be sustained levels of exploration and extraction in the County. Many state and federal permits are required for the industry, such as stormwater management plans, environmental reports (including those for threatened and endangered species), archeological and historical reports, floodplain permits, Air Pollution Emissions Notices and other federal, state and County statutes, regulations and ordinances. Referrals were sent to the Weld County Department of Public Health and Environment and Department of Planning Services — Development Review for comment. Weld County Department of Public Health and Environment returned a referral dated October 10, 2022 outlining the Development Standards for a safe operation of the facility. The Department of Planning Services — Development Review returned a referral dated October 3, 2022 outlining conditions of approval to address the traveling public and offsite impacts. Per the application materials, once the pipeline into the facility is operational, the number of tanker trucks visiting the facility will be greatly reduced. The proposed use is in an area that can support this development and the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Sec. 23-3-10.-- Intent, of the Weld County Code states. "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the county. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." Section 23-3-40.V.-- Uses by special review, of the Weld County Code allows for a "Oil And Gas Support And Service" facility in lots outside of a subdivision and historic townsite in the (A) Agricultural Zone District. This code section allows the applicant to apply for the Oil and Gas Support and Service, including Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and related tanks and ancillary equipment. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of irrigated agricultural lands, existing oil and gas production, and rural residences. The closest residence is approximately 900 -feet to the northeast, with two (2) residences located to the south, both approximately 2000 -feet from the proposed site. The nature of the site will not change from its current state. Additionally, there will not be any additional traffic impacts after construction of site because Bayswater Exploration & Production, LLC is planning to pipe production water from new facilities to the new Calvary SWD Facility. USR22-0026, Calvary Farms LLC Page 3 of 12 There are six (6) USRs within one mile of the site. To the north is a horse training & boarding facility permitted via USR-997, an agricultural service establishment via USR-1583, a feed lot via AMUSR-199, and a sugar beet storage facility via USR-1020. To the south is a church childcare and school via USR-1429, a golf course via USR-1241, and a water tank via USR- 574. The Weld County Department of Planning Services sent notice to twelve (12) surrounding property owners within five hundred (500) feet of the subject property. There were no emails or phone calls received regarding the proposed application. D. Section 23-2-220.A.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 Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the towns of Ault and Eaton. Neither town returned a referral. The site is also located within the Town of Ault's Coordinated Planning Agreement (CPA) Area. The applicant submitted the signed Notice of Inquiry Form (NOI) with the application. The NOI form dated August 23, 2022, stated that the Town of Ault has no interest in annexation at this time. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within any recognized overlay districts, including the Geologic Hazard Overlay District, the Special Flood Hazard Development Overlay area, the Airport Overlay District, Historic Townsites Overlay District, 1-25 Overlay District, Agricultural Heritage Overlay District, or Municipal Separate Storm Sewer System (MS4) area. Building Permits issued on the lot will be required to adhere to the fee structure of the County - Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The Farmlands of National Importance per the 1979 Soil Conservation Service Important Farmlands of Weld County Map, shows the proposed facility located on approximately 7 acres of Irrigated Land (Prime). The proposed use is on an existing Weld Oil and Gas Location Assessment site (WOGLA18-0020) and does not impact any agricultural uses. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: USR22-0026, Calvary Farms LLC Page 4 of 12 A. The partial vacation plat of Lot B of RECX16-0112 shall be submitted for recording prior to the Board of County Commissioners' hearing? (Department of Planning Services) B. The new deeds creating the 35 -acre property shall be recorded prior to the Board of County Commissioners' hearing. (Department of Planning Services) C. The facility shall submit a Groundwater Monitoring Plan for review and approval to the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) D. The applicant shall submit design plans of the offload pad area which should incorporate a sub -sump monitoring point and synthetic liner, for review and approval, to the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) E. A Decommissioning Plan shall be submitted to and accepted by the Department of Planning Services. (Department of Planning Services) F. A Communication Plan shall be submitted to and accepted by the Department of Planning Services. (Department of Planning Services) G. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Development Review) H. A Final Traffic Impact Study stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Development Review) A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. This Report shall include an Acceptance of Developed Stormwater Flows on Affected Lands signed by the owner of the affected lands. (Development Review) J. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR22-0026. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260. D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate on the map the trash collection areas. Section 23-2- 240.A.13 of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the onsite lighting in accordance with the accepted Lighting Plan. (Department of Planning Services) 6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. (Department of Planning Services) 7. CR 39 is a paved road and is designated on the Weld County Functional Classification USR22-0026, Calvary Farms LLC Page 5 of 12 Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 8. CR 78 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 9. Show and label the existing permitted access location, approved access width and the appropriate turning radii on the USR map. (Development Review) 10. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Development Review) 11 Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Development Review) 12. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional 3 -month period. (Department of Planning Services) 4. Prior to Construction: A. The required tracking control shall be constructed prior to on -site construction. (Development Review) B. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Development Review) 5. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility USR22-0026, Calvary Farms LLC Page 6 of 12 operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Office of Emergency Management) B. The applicant shall develop a new Hazard Assessment Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Office of Emergency Management) 6. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) USR22-0026, Calvary Farms LLC Page 7 of 12 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Bayswater Exploration & Production LLC c/o Calvary Farms LLC USR22-0026 1. A Site -Specific Development Plan and Use by Special Review Permit, USR22-0026, for an Oil and Gas Support and Service, including Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and related tanks and ancillary equipment (Calvary SWD Facility) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation are twenty-four (24) hours a day, Monday — Sunday. (Department of Planning Services) 4. The number of facility employees is two (2), as stated in the application materials. (Department of Planning Services) 5. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. (Department of Planning Services) 6. The property owner shall maintain compliance with the Decommission Plan and the Communication Plan. (Department of Planning Services) 7. Lighting shall be maintained in accordance with the approved Lighting Plan. (Department of Planning Services) 8. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 9. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 10. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) 12. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 13. The Property Owner shall comply with all requirements provided in the executed Improvements and Road Maintenance Agreement. (Development Review) 14. The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) 15. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) USR22-0026, Calvary Farms LLC Page 8 of 12 16. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 17. No disposal of waste, other than Class II, as currently defined by the Environmental Protection Agency, is permitted. Any changes from the approved Class II use will require an amendment to this Use by Special Review Permit. (Department of Public Health and Environment) 18. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 19. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 20. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 21. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 22. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) 23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For employees or contractors that are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent residential properties and public rights -of -way. (Department of Public Health and Environment) 24. Any On -site Wastewater Treatment System located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 25. All chemicals on -site must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 26. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 27. A leak detection system shall be designed and installed beneath concrete unloading pads, piping, and sumps. The unloading pad shall be kept in good condition. (Department of Public Health and Environment) USR22-0026, Calvary Farms LLC Page 9 of 12 28. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and Environment) 29. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 30. The facility shall comply with the accepted Groundwater Monitoring Plan. (Department of Public Health and Environment) 31. Analytical waste data and environmental monitoring data shall be made available to Weld County Department of Health and Environment upon request. The Weld County Department of Health and Environment reserves the right to require additional monitoring. (Department of Public Health and Environment) 32. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. All spills will be reported to local, state and federal agencies in accordance with all state and federal regulations. (Department of Public Health and Environment) 33. All stormwater, which has come into contact with waste materials on the site, shall be confined on the site. In the event the storm water is not adequately controlled on the site, upon written notification from the WCDPHE or CDPHE, a comprehensive site -wide Stormwater Plan shall be developed and implemented. The plan must be approved, in writing by the WCDPHE or CDPHE, prior to implementation. (Department of Public Health and Environment) 34. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. (Department of Public Health and Environment) 35. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as set forth in Section 25-12-103, C.R.S. (Department of Public Health and Environment) 36. Weld County Department of Public Health and Environment (WCDPHE) shall be notified prior to the closure of the facility. Upon site closure, the facility will remove all wastes from the site and decontaminate all equipment, tanks, and secondary containment. All wastes removed from the site during closure activities will be disposed of off -site, in accordance with all state and federal rules and regulations and with Weld County Code. Documentation of closure activities will be provided to WCDPHE. (Department of Public Health and Environment) 37. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 38. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 39. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 40. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) USR22-0026, Calvary Farms LLC Page 10 of 12 41. Building permits shall be required for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2020 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. (Department of Building Inspection) 42. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 43. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 44. 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. 45. 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. 46. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 47. A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 48. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. USR22-0026, Calvary Farms LLC Page 11 of 12 49. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR22-0026, Calvary Farms LLC Page 12 of 12 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mnader@weldgov.com PHONE: (970) 400-400-3527 FAX: (970) 304-6498 October 5, 2022 KAMINKY RYAN and Gas Support and Service, including Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and related tanks and ancillary equipment outside of subdivisions and historic townsites in the A (Agricultural) Zone District. On parcel(s) of land described as: 3 $ 5 7 1 ( ❑ $ 1 ' / 2 7 % P5$(532 ) ( ;7(+$(/3/SE4, 51 ( &6;(❑&❑7 , 2 1❑ d 565 of the 6th P.M., Weld County, Colorado. Dear Applicants: November at at N H Administration Building, H of County Commissioners may have. been met. intersects a publicly maintained road right-of-way. 1111 https://accela- aca.co.weld.co.us/CitizenAccess Respectfully, Maxwell Nader Planner Hello