HomeMy WebLinkAbout20210162.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND 3RD AMENDED USE BY
SPECIAL REVIEW PERMIT, 3MJUSR18-07-1604, FOR OIL AND GAS SUPPORT AND
SERVICE, SOLIDS PROCESSING FACILITY FOR EXPLORATION AND PRODUCTION
WASTES, PURSUANT TO COLORADO STATE STATUTE AND AS DEFINED AND
REGULATED BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT, AND CONTINUED USE OF THE FACILITIES TO INCLUDE, CLASS II
OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY
PARKING AND MAINTENANCE FOR 18 NGL COMPANY PRODUCED WATER
TANKERS AND OTHER OPERATION SUPPORT COMMERCIAL VEHICLES;
FACILITY OFFICES; OUTDOOR STORAGE OF MATERIALS AND EQUIPMENT
ACCESSORY TO AN ALLOWED USE (NEW, USED AND OBSOLETE OIL FIELD
EQUIPMENT, INCLUDING EMPTY FRAC TANKS AND STAGING FRAC TANKS), AS
LONG AS THE MATERIALS ARE SCREENED FROM ADJACENT LOTS AND
RIGHTS -OF -WAY; A COMPANY VEHICLE ONLY WASH BAY, MAINTENANCE /
MECHANIC SHOP, FUELING STATION AND ACCESSORY STRUCTURES
ASSOCIATED WITH THE OPERATION OF THE FACILITY AND UP TO 18 CARGO
(CONEX) CONTAINERS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES
IN THE A (AGRICULTURAL) ZONE DISTRICT - HIGH SIERRA WATER SERVICES,
LLC, C/O NGL WATER SOLUTIONS DJ, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 16th day of
December, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of High Sierra Water Services, LLC, c/o NGL Water Solutions DJ, LLC,
3773 Cherry Creek North Drive, Suite 1000, Denver, Colorado 80209, for a Site Specific
Development Plan and 3rd Amended Use by Special Review Permit, 3MJUSR18-07-1604, for Oil
and Gas Support and Service, Solids Processing Facility for Exploration and Production wastes,
pursuant to Colorado State Statute and as defined and regulated by the Colorado Department of
Public Health and Environment, and continued use of the facilities to include, Class II Oilfield
Waste Disposal Facility — Saltwater Injection Facility parking and maintenance for 18 NGL
company produced water tankers and other operation support commercial vehicles; facility
offices; outdoor storage of materials and equipment accessory to an allowed use (new, used and
obsolete oil field equipment, including empty frac tanks and staging frac tanks), as long as the
materials are screened from adjacent lots and rights -of -way; a company vehicle only wash bay,
maintenance / mechanic shop, fueling station and accessory structures associated with the
operation of the facility and up to 18 cargo (Conex) containers outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
S1/2 SE1/4 of Section 30, Township 3 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, on December 16, 2020, the matter was continued to
January 20, 2021, to allow adequate time for the Clerk to the Board to correct the notice
deficiency, regarding the related Certificate of Designation.
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WHEREAS, on January 20, 2021, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promote Economic Growth and Stability.
Land use policies have a significant impact on economic conditions
in the County and should be structured to encourage economic
prosperity. To ensure the continued strength of Weld County's
economy, land use processes and decisions based on this plan
shall be consistent and promote fiscally responsible growth."
Further, Section 22-2-10.D states: "Protect Health, Safety, and
General Welfare. Land use regulations and policies will protect and
enhance the health, safety, and general welfare of the citizens of
Weld County."Oil and gas development in the County is an integral
part of the County economy and has substantial direct and indirect
impacts on current and future land use. Oil and gas development is
cyclical, but the economics of energy suggests sustained levels of
exploration and extraction in the County for the longer term. Mineral
resource exploration and production waste facilities should be
planned, located, designed and operated in compliance with the
Colorado Oil and Gas Conservation Commission (COGCC). Many
state and federal permits are required for the industry, such as
stormwater management plans, environmental reports and Air
Pollution Emissions Notices (APEN) and others. The proposal is the
third amendment to the current land use permit for a Class II Oilfield
Waste Disposal Facility and Solids Processing Facility for
Exploration and Production wastes.
2) Section 22-2-60.6.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses." The
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proposed facility expansion is located in a rural area of
unincorporated Weld County. The surrounding properties are
primarily zoned A (Agricultural) and used for grazing and energy
production. NGL's facility expansion has been located, developed,
and operated in a manner that minimizes interference with other
agricultural uses and agricultural activities. Under the proposed
application, the facility will increase its footprint by 20 acres for a
total impact of 30 acres within an 80 -acre parcel. All areas not
utilized for the facility operations are in native grasses.
3) Section 22-2-50.B states: "Support responsible energy and mineral
development." The applicant demonstrated adequacy of roads,
grades, drainage controls, liners, fencing, site improvements,
general operations, permitted capacity, and separation from
adjacent land uses. The Weld County Department of Public Works,
in the referral dated September 30, 2020, stated the traffic will
operate at a Level of Service (LOS) A, and will continue to do so
through the year 2040. The LOS A is due, in part, to nonconforming
northbound and southbound deceleration turn lanes into the site.
The auxiliary turn lanes are nonconforming because they lack the
recommend lengths for a 55 mph posted speed limit roadway, as
specified in the Colorado State Highway Access Code manual.
However, when employing the Access Code's auxiliary turn lane
requirements, it should be noted that per the A.M. and P.M. Peak
Hour traffic volumes identified in the applicant's traffic letter, no
southbound right turn deceleration lane is currently required, nor
will it be through the year 2040. In addition, the peak hour volumes
indicate that no northbound left turn deceleration lane will be
required until 2040.
4) Section 22-2-50.6.3 states: "Prevent surface and groundwater
contamination." This application for a brinewater disposal and
solids processing facility for exploration and production wastes
pursuant to Colorado State Statute was evaluated by the
Department of Public Health and Environment for compliance with
federal, state and County statutes, regulations and ordinances. In a
referral dated September 21, 2020, the Weld County Department of
Public Health and Environment (WCDPHE) stated Environmental
Health Services have reviewed this proposal for Oil and Gas
Support and Service, Solids Processing Facility for Exploration and
Production wastes, pursuant to Colorado State Statute and as
defined and regulated by Colorado Department of Public Health and
Environment. The site will utilize the existing buildings and
infrastructure for this permit, 3MJUSR18-07-1604. A commercial
well with an additional filtration system, Permit Number 272956,
provides potable water to the site and an existing On -site
Wastewater Treatment System (OWTS), SP -1500186, designed to
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accommodate up to nine (9) employees that utilize the site in a
24 -hour period, seven (7) days a week, handles the effluent flows.
An Engineering Design and Operations Plan (EDOP) was
submitted to the Colorado Department of Public Health and
Environment (CDPHE) for a technical review. In a letter dated
December 19, 2019, the CDPHE determined compliance with the
requirements set forth in the Solid Waste Disposal Sites and
Facilities Act, Title 30, Article 20, parts 1 and 10 (Solid Waste Act)
of the Colorado Revised Statues (CRS), as amended, and with the
regulations promulgated there under: the Regulations Pertaining to
Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 (Solid Waste
Regulations). The Radiation Risk Assessment was reviewed by the
Division's Radiation Control Program to ensure that the waste
streams to be accepted by the proposed Facility are appropriate for
regulation under the Solid Waste Regulations and do not require
licensing under the Radiation Control Regulations.
The CDPHE approval was contingent on specific Conditions being
incorporated into the Certificate of Designation. The applicant
submitted a Drainage Report, Traffic Impact Study, Waste Handling
Plan, and Dust Abatement Plan as part of the EDOP. A Flood
Hazard Development Permit and a Geologic Hazard Development
Permit were not required for this property. The CDPHE permitting
process for Solids Processing of Exploration and Production wastes
requires the development and approval of a detailed EDOP that
summarizes the engineering design and specifies operational
requirements for the facility. Additionally, NGL Water Solutions
regularly monitors site groundwater in accordance with CDPHE
approved monitoring plans. The application has been reviewed and
conditionally approved by both the CDPHE and Weld County
Department of Public Health and Environment. The proposed
expanded Use is in an area that can support this development and
the existing and new screening, Conditions of Approval and
Development Standards 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 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.W Uses by Special Review outside of subdivisions
and historic townsites — Allows for the construction, occupation, and
operation of an Oil and Gas Support and Service Facility for
businesses whose primary activity includes the following kinds of
uses, including disposal and recycling sites for production waste;
storage yards for pipe and production equipment; parking and
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maintenance for tank and water service companies, and the parking
and maintenance of exploration, production or workover equipment
and associated encumbrances, uses and equipment as a Use by
Special Review, outside of subdivisions and historic townsites in the
A (Agricultural) Zone District
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is bordered by agricultural
uses; the surrounding properties are primarily rangeland and grazing lands
with sparsely located remote single family homes. There are five (5)
property owners and two (2) residences in the general area with the nearest
occupied residence approximately 1,500 feet to the north of the
improvements associated with the facility and the second unoccupied
residence located approximately 1,200 feet southeast of the improvements
associated with the facility. Oil and gas facilities are existing encumbrances
on this parcel and adjacent properties, with the surrounding landform in
native vegetation. The Department of Planning Services received several
telephone calls from the adjacent neighbor to the north inquiring about the
Hearing Notice, and the on -going operations at the facility. No other
persons contacted the office. The Conditions of Approval and Development
Standards will ensure that this use will be compatible with surrounding land
uses.
D. Section 23-2-230.6.4 — 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 the Weld
County Comprehensive Plan, codified in 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 not located
within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) or
Coordinated Planning Agreement (CPA) Area of a municipality.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located in a
recognized and mapped Floodplain, Geologic Hazard, Municipal Separate
Storm Sewer System (MS4), or Airport Overlay District. Building Permits
issued on the property 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 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The facility is located on an approximate 80 -acre parcel of land with
the facility footprint for all uses being approximately 30 acres in area. The
land not associated will remain in native field grasses. The soils as
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designated as "Other Land," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map.
G. Section 23-2-230.B.7 — This case has been reviewed by regulatory
agencies for compliance with local, state and federal regulations and all
agencies have determined that the attached 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 the health, safety, and welfare of the inhabitants of the
neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of High Sierra Water Services, LLC, c/o NGL Water
Solutions DJ, LLC, for a Site Specific Development Plan and 3rd Amended Use by Special Review
Permit, 3MJUSR18-07-1604, for Oil and Gas Support and Service, Solids Processing Facility for
Exploration and Production wastes, pursuant to Colorado State Statute and as defined and
regulated by the Colorado Department of Public Health and Environment, and continued use of
the facilities to include, Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility
parking and maintenance for 18 NGL company produced water tankers and other operation
support commercial vehicles; facility offices; outdoor storage of materials and equipment
accessory to an allowed use (new, used and obsolete oil field equipment, including empty frac
tanks and staging frac tanks), as long as the materials are screened from adjacent lots and
rights -of -way; a company vehicle only wash bay, maintenance / mechanic shop, fueling station
and accessory structures associated with the operation of the facility and up to 18 cargo (Conex)
containers outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on
the parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. An updated Decommissioning Plan shall be submitted to, and accepted by,
the Department of Planning Services.
B. An updated Communication Plan shall be submitted to, and accepted by,
the Department of Planning Services.
C. An updated Lighting Plan shall be submitted to, and accepted by, the
Department of Planning Services.
D. An updated Screening Plan shall be submitted for the obsolete equipment
yard that screens the site from the surrounding property owners and
rights -of -way shall be submitted to, and accepted by, the Department of
Planning Services.
E. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
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F. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the state of Colorado, is
required.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 3MJUSR18-07-1604.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the screening, in accordance with the
accepted Screening Plan.
6) The map shall delineate the on -site lighting, in accordance with the
accepted Lighting Plan.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) The map shall delineate the parking area for the vendors,
customers and/or employees.
9) The map shall delineate the parking area for the commercial water
company owned vehicle fleet.
10) County Road 39 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
11) County Road 28, east of County Road 39, is a paved road and is
designated on the Weld County Functional Classification Map as a
collector road, which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate and label the future and existing
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right-of-way (along with the documents creating the existing
right-of-way) and the physical location of the road on the site map
or plat. All setbacks shall be measured from the edge of the
right-of-way. This road is maintained by Weld County.
12) County Road 28 Section Line (west of County Road 39) is shown
to have 30 feet of unmaintained section line right-of-way, per the
Weld County GIS right-of-way map. The applicant shall delineate
and label the existing and future rights -of -way (along with the
documents creating the existing right-of-way) on the site plan. The
applicant shall show and label the section line right-of-way as
"CR 28 Section Line Right -Of -Way, not County maintained." All
setbacks shall be measured from the edge of the future
right-of-way.
13) The applicant shall show and label the approved access location,
required access width (a maximum of 40 feet wide measured at the
right-of-way) and the appropriate turning radii (60 feet) on the site
plan. The applicant shall obtain an Access Permit in the approved
location prior to construction, if deemed necessary by the Public
Works Access Specialist.
14) The applicant shall show and label the approved tracking control on
the site plan.
15) The applicant shall 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.
16) The applicant shall show and label any existing access and utility
easements associated with the parcel.
17) The applicant shall 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.
18) The applicant shall show and label the drainage flow arrows.
19) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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
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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 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. Prior to Construction:
A. The applicant shall attempt to address the requirements of the
Platteville-Gilcrest Fire Protection District, as stated in the referral response
dated September 15, 2020. Written evidence of such shall be submitted to
the Weld County Department of Planning Services.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
C. The approved access and tracking control shall be constructed prior to
on -site construction.
5. Prior to Operation:
A. The applicant shall develop an updated 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. The
applicant shall submit evidence of acceptance to the Department of
Planning Services.
B. The facility shall submit evidence to the Weld County Department of Public
Health and Environment that financial assurance has been obtained, in
accordance with CDPHE regulations pertaining to solid waste sites and
facilities.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of January, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dithA)
Stev�air
Weld County Clerk to the Board
Scotmes, Pro-Te
County `torney
Date of signature: 02./10/2�
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HIGH SIERRA WATER SERVICES, LLC
C/O NGL WATER SOLUTIONS DJ, LLC
3MJUSR18-07-1604
1. The Site Specific Development Plan and 3rd Amended Special Review Permit,
3MJUSR20-07-1604, for Oil and Gas Support and Service (Class II Oilfield Waste
Disposal Facility — Saltwater Injection Facility, Solids Processing Facility for Exploration
and Production wastes pursuant to Colorado State Statute and as defined and regulated
by Colorado Department of Public Health and Environment, and continued use of the
facilities to include, parking and maintenance for 18 NGL company produced water
tankers and other operation support commercial vehicles; facility offices; outdoor storage
of materials and equipment accessory to an allowed use (new, used and obsolete oil field
equipment, including empty frac tanks and staging frac tanks), as long as the materials
are screened from adjacent lots and rights -of -way; a company vehicle only wash bay,
maintenance / mechanic shop, fueling station and accessory structures associated with
the operation of the facility and up to 18 cargo (Conex) containers outside of subdivisions
and historic townsites in the A (Agricultural) Zone District, is subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Technical Revisions as approved by the Colorado Department of Public Health and
Environment, Hazardous Materials and Waste Management Division, may, as determined
by Weld County staff, require an amendment to this USR permit.
4. The hours of operation are 24 hours a day, seven (7) days a week, Monday through
Sunday.
5. The number of on -site, full-time employees shall be up to nine (9).
6. The number of commercial vehicles shall be up to 18, as stated in the application
materials.
7. The parking area on the site shall be maintained.
8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
9. The existing and landscaping and screening on the site shall be maintained in accordance
with the accepted Landscape and Screening Plan. All proposed landscaping and
screening shall be installed within one (1) calendar year of Land Use application approval.
10. The property owner shall maintain compliance with the accepted Decommission Plan.
11. The property owner shall maintain compliance with the accepted Communication Plan.
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12. 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.
13. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
14. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
16. 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.
17. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
18. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
19. The historical flow patterns and runoff amounts on the site will be maintained.
20. Weld County is not responsible for the maintenance of on -site drainage related features.
21. The owner or operator shall ensure the facility is in compliance with Weld County Code
Section 5-3-30, Collection of Surcharge, and Section 16-11 of the Weld County Home
Rule Charter.
22. The facility shall operate in accordance with the approved Engineering Design and
Operations Plan (EDOP). Modifications to the EDOP may be required due to deviations
from the approved use at the facility and/or regulatory changes. If such changes occur,
approval of the modification will be required from the Hazardous Materials and Waste
Management Division of the Colorado Department of Public Health and Environment.
23. Operations will not extend past Certificate of Designation boundaries of the property.
24. The facility shall adhere to the conditions incorporated into the Certificate of Designation.
25. 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, C.R.S. §30-20-100.5.
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26. The facility shall receive and manage only those materials that are described in the
approved EDOP and materials approved in accordance with the Waste Identification Plan
included in the EDOP.
27. All wastes received at the facility shall be unloaded on the unloading pad. The
unloading/loading pad leak detection system shall be constructed and operated in
accordance with the approved design. The unloading pad will be kept in good condition
and cleaned at a frequency that prevents oils and other wastes from building up on the
pad.
28. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
29. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with the approved EDOP and with
Chapter 14, Article I, of the Weld County Code, at all times.
30. Fugitive dust shall attempt to be confined on the property. Uses on the property shall
comply with the Colorado Air Quality Commission's Air Quality Regulations.
31. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available.
32. 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 of the
Colorado Department of Public Health and Environment, as applicable.
33. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event the stormwater is not adequately controlled on the site,
upon written notification from the Weld County Department of Public Health and
Environment (WCDPHE) or Colorado Department of Public Health and
Environment (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.
34. 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 Commission (COGCC) and/or the provisions of the State Underground and
Above Ground Storage Tank Regulations.
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35. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
36. All potentially hazardous chemicals 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.
37. Any stained or contaminated soils on the facility shall be removed and disposed of in
accordance with applicable rules and regulations. Any reportable spills will be reported
and documented in accordance with all state and federal regulations and records will be
kept onsite for WCDHPE review upon request.
38. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the facility
will comply with the Closure Plan outlined in the approved EDOP. Documentation of
closure activities will be provided to WCDPHE.
39. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors onsite for less than two (2) consecutive hours a
day, and two (2) or less full-time employees onsite, 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, contain hand sanitizers and be screened from existing adjacent residential
properties and public rights -of -way.
40. Any septic 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.
41. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in C.R.S. §25-12-103.
42. Analytical waste data and environmental monitoring data shall be made available to the
Weld County Department of Public Health and Environment upon request. The Weld
County Department of Public Health and Environment reserves the right to require
additional monitoring.
43. The facility shall notify the County of any revocation and/or suspension of any state -issued
permit.
44. 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.
45. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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46. Lighting shall be maintained in accordance with the accepted Lighting Plan.
47. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. 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.
48. 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 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.
49. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
50. 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.
51. 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.
52. The property owner or operator shall be responsible for complying with all 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.
53. 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.
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54. 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.
55. 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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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.
56. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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