HomeMy WebLinkAbout20223147.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
IA
1st. as - (Doak°
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONtK5 _
Moved by Skip Holland, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR22-0026
APPLICANT CALVARY FARMS. LLC. CIO BAYSWATER EXPLORATION AND PRODUCTION.
LLC
MAXWELL NADER
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 OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT.
PART OF THE NE4 AND LOT B REC EXEMPT RECX16-01 12 BEING PART OF
THE SE4 ALL IN SECTION 19. T7N, R65W OF THE 6TH P.M . WELD COUNTY.
COLORADO.
WEST OF AND ADJACENT TO CR 39; APPROXIMATELY 0.39 MILES NORTH OF
CR 78.
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION
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 23-2-260 of
the Weld County Code.
2 It is the opinion of the Planning Commission 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 22-2-30.42 -- 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-Il 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.
RESOLUTION USR22-0026
CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND PRODUCTION, LLC
PAGE 2 ,
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 froth 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
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
RESOLUTION USR22-0026
CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND PRODUCTION, LLC
PAGE 3
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 OverlarDistrict, 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 inadequate plrovisions 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 Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the map
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)
RESOLUTION USR22-0026
CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND PRODUCTION, LLC
PAGE 4
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)
l
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
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
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
RESOLUTION USR22-0026
CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND PRODUCTION; LLC
, FAGE 5
(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)
r
10 Show and label the entrance gate if applicable An access approach that is gated shall
bei 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 hall 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
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)
l
RESOLUTION USR22-0026
CALVARY FARMS, LLC, CIO BAYSWATER EXPLORATION AND PRODUCTION, LLC
PAGE 6
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)
Motion seconded by Michael Palizzi
VOTE
For Passage Against Passage
Skip Holland
Butch White
Pamela Edens
Michael Wailes ,
Michael Palizzi
Shana Morgan
Absent
Elijah Hatch
Sam Gluck
The Chair 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, Kristine Ranslem) 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 November 1, 2022
Dated the 15' of November, 2022
45i6.6.,Pr.wt,,,
Kristine Ranslem
Secretary
RESOLUTION USR22-0026
CALVARY FARMS, LLC, CIO BAYSWATER EXPLORATION AND PRODUCTION, LLC
PAGE 7
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)
1
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)
i
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) f
,
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)
RESOLUTION USR22-0026
CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND PRODUCTION, LLC
PAGE 8
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 )n 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)
RESOLUTION USR22-0026
CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND PRODUCTION, LLC
PAGE 9
1
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)
1
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 Environynent)
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)-
RESOLUTION USR22-0026
CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND PRODUCTION, LLC
PAGE 10
41 Building permits shall be required for any new construction or setup 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
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,
RESOLUTION USR22-0026
CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND PRODUCTION, LLC
PAGE 11
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
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 1. 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Vice -
Chair, Butch White, at 12:30 pm.
Roll Call.
Present: Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan.
Absent: Elijah Hatch. Sam Gluck.
Also Present: Chris Gathman, Maxwell Nader, and Jim Flesher, Department of Planning Services; Lauren
Light and Ben Frissell, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR22-0026
CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND
PRODUCTION. LLC
MAXWELL NADER
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 OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL)
ZONE DISTRICT
PART OF THE NE4 AND LOT B REC EXEMPT RECX16-0112 BEING PART OF
THE SE4 ALL IN SECTION 19. T7N, R65W OF THE 6TH P M.. WELD COUNTY.
COLORADO
WEST OF AND ADJACENT TO CR 39: APPROXIMATELY 0.39 MILES NORTH
OF CR 78.
Maxwell Nader, Planning Services, presented Case USR22-0026, reading the recommendation and
comments into the record. Mr. Nader noted that no comments from surrounding property owners have
been received regarding this application. The Department of Planning Services recommends approval of
this application along with conditions of approval and development standards.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. He added that Staff is recommending a commercial noise
standard for the site at 55 dba during nighttime hours and 60 dba during daytime hours.
Ryan Kaminky, Bayswater Exploration and Production, 730 17th Street, Denver. Colorado. stated that this
is an existing oil and gas facility initially permitted for 16 horizontal wells. He added that they only drilled
eight (8) wells so that left them with eight (8) abandoned locations. They have permitted through COGCC
to drill two (2) wells here and the goal is to keep everything on an existing pad and to limit future disturbance
in the area. The goal is to connect two (2) new pads that are off of Highway 14 (Ruby and Topaz) as well
as future development planned for west of this location. Typically, the majority of the pads in the area are
truck hauled to other disposals in the area so their goal is to pipeline up to four (4) brand new facilities that
would come on early next year and throughout next year. Based on schedule change and the ability to
bring more wells on pipeline. the truck counts dropped to 65 during peak month. He added that some
months they would be full pipeline and no trucks and other months they do have the capacity to truck into
this facility.
Commissioner Edens asked if there are houses close to this facility. Mr. Kaminky said that there is a house
across the street of the golf course and there is house across the road owned by the surface owner, Calvary
Farms. He added that it is a relatively rural area with not a lot of homes in the area.
Commissioner Wailes asked if they are producer of this facility Mr. Kaminky replied yes. Mr. Wailes asked
if the other sites that the applicant will be piping from is from Bayswater as well Mr. Kaminky replied yes
and that they have no plans for commercial development and that this is strictly operator disposal. Mr.
1
Wailes asked if there are any plans for recycling Mr Kaminky said that they recycle water on their hydraulic
fracturing operations
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Kyle Merritt, 37643 CR 39, stated that he lives one-half mile south of the site Mr Merritt said that he has
no problem with the facility but agrees with the Town of Eaton that the traffic is accessed to the north He
added that it is a lot of truck traffic and it becomes a major safety issue
Mr Kaminky said that they have an updated traffic narrative with 100% of the trucks that will come from the
north from Highway 14,and will try to do a 50/50 as they exit He added that the are still working through
this and will address that through a condition of;approval He further added that they are proposing that
the majority comes and leaves to the north if they are able to turn left out of the facility
The Chair asked the applicant if they ,have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR22-0026 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Skip Holland, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland
Meeting adjourned at 2 36 p m
Respectfully submitted,
Kristine Ranslem
Secretary
2
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