HomeMy WebLinkAbout20200106.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT,USR19-0060,FOR AN OIL AND GAS SUPPORT AND SERVICE,INCLUDING
AN UNMANNED,PIPELINE ONLY,CLASS II SALTWATER DISPOSAL FACILITY AND
RELATED INFRASTRUCTURE,UP TO FIVE(5)CONS N TRAILERS AND
FIVE(5)CONEX CONTAINERS FOR TEMPORARY US URING ONSTRUCTION IN
THE A(AGRICULTURAL)ZONE DISTRICT-NGL WA SOLU ONS DJ,LLC
WHEREAS,the Board of County Commissioners el o ty,Colorado,pursuant to
Colorado statute and the Weld County Home Rule Chart s v ted with the authority of
administering the affairs of Weld County,Colorado,and
WHEREAS,the Board of County Commissi, ers held ,public hearing on the 8th day of
January,2020,at the hour of 10:00 a.m.,in the Cha -rs oft -Board,for the purpose of hearing
the application of NGL Water Solutions DJ,LLC,3773• - y Creek N.Dr.,Suite 1000,Denver,
Colorado 80209,for a Site Specific Devel aii' d Use by Special Review Permit,
USR19-0060,for an Oil and Gas Support nd Servi ,including an unmanned,pipeline only,
Class II Saltwater Disposal Facility and rel ted infrastructure,up to five(5)construction trailers
and five(5)conex containers for tempora e during construction in the A(Agricultural)Zone
District,on the following described rea state, ing more particularly described as follows:
Lot A of Rec d E mption,RE-3634;being part
of the SE 4 o ction 16, Township 6 North,
Range 66 est the 6th P.M., Weld County,
Colorado
WHEREAS,at sai hearing, e Board deemed it advisable to continue the matter to
March 11,2020,at 10:00 m.,to all NGL Water Solutions DJ,LLC,adequate time to address
survey and engineering iss s relat to the project,and
WHEREAS, n arc 11,2020,the Board heard all of the testimony and statements of
those present and r wed t request of the applicant and,having been fully informed,deemed
it advisable to continue this atter to June 10,2020,at 10:00 a.m.,to allow surrounding property
owner,Donn effler and s legal team,adequate time to complete a survey and review the
information rovide by NGL,and
WHER o June 10,2020,the Board heard all of the testimony and statements of
those p t and re sewed the request of the applicant and,having been fully informed,deemed
it ad -able •conti ue this matter to September 16,2020,at 10:00 a.m.,to allow NGL adequate
tim=to addr ss - request of the Colorado Oil and Gas Conservation Commission(COGCC)to
allo the w I •ermit application to proceed through the state process,and
REAS,on September 16,2020,the Board heard all of the testimony and statements
of those pr- ent and reviewed the request of the applicant and, having been fully informed,
deemed it advisable to continue the matter to November 4,2020,at 10:00 a.m.,to allow NGL
adequate time to explore a settlement,with Donn Leffler,surrounding property owner,related to
the USR application,and
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SPECIAL REVIEW PERMIT (USR19-0060) - NGL WATER SOLUTIONS DJ, LLC
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WHEREAS, on November 4, 2020, 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. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance 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 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development and should attempt to be
compatible with the region." The proposed facility is located in an
area that contains productive agricultural activities that are not
readily supported on this parcel because of the small lot size.
Furthermore, this property has direct access onto County Road 31,
which is a primary transportation corridor that supports agricultural,
commercial and industrial transportation. The unmanned facility will
generate little traffic and the metal skinned building is similar in size
to other agricultural buildings and structures in the area.
2) Section 22-4-130 addresses mineral resource exploration and
production wastes, stating a large amount of water is extracted
during the production of crude oil and natural gas. The wastewater
produced from mineral resource exploration and production waste
is frequently brackish or salty and must be processed and disposed
of in a satisfactory manner to protect both human and
environmental health. In order to protect the land, water and County
citizen health, groundwater contamination must be prevented by
following state regulations that require cementation of wells
(including injection wells) to prevent commingling of water, oil and
gas into other formations.
3) Section 22-4-140.A (EP.Goal 1) states: "Encourage the
minimization of mineral resource exploration and production waste
and require the safe disposal of it." Oil and gas development in the
County is an integral part of the County economy and has a
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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.
4) Section 22-4-140.6 (EP.Goal 2) states: "Mineral resource
exploration and production waste facilities should be planned,
located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use, scale,
height, traffic, dust, noise and visual pollution." Referrals were sent
to the Colorado and Weld County Departments of Public Health and
Environment and the Colorado Department of Transportation for
comment. The Weld County Department of Public Health and
Environment returned a referral dated October 11, 2019, requiring
the applicant and operator to submit a Groundwater Monitoring Plan
to the Weld County Department of Public Health and Environment
for review and approval prior to recording the USR Map. The
Colorado Department of Transportation returned a referral dated
October 7, 2019, without concerns. The proposed use is in an area
that can support this development and the existing 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.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Chapter 23, Article III, Section 23-3-40.W
allows for Oil And Gas Support and Service facilities to be constructed,
operated and maintained on lands outside of Subdivisions and Historic
Townsites in the A (Agricultural) Zone District upon approval of a Use by
Special Review Permit (USR), in accordance with the requirements and
procedures set forth in Chapter 23, Article II, Division 4 of the Weld County
Code. 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.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
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irrigated agricultural lands, small businesses and rural residences. The
closest residence is approximately 515 feet to the northeast, with two (2)
residences located to the west, one approximately 840 feet and the second
approximately 1,725 feet from the western property line. There are six (6)
USRs within one (1) mile of the site. USR-843 for farm equipment repair,
3MUSR19-85-695 for a Kennel, USR-1698 for a Child Day Care Center
located to the west; SUP-292 for a 3,700-head feedlot and USR14-0002
for oil and gas support and service, specifically the HighPoint
Resources LLC, Greeley office, and SUP-175 for a 100 head feedlot to the
south. The Weld County Department of Planning Services sent notice to
five (5) surrounding property owners on eight (8) parcels. Planning staff
received correspondence from one (1) surrounding property owner within
500 feet of the parent parcel and two (2) letters from attorneys who
represent this same individual with concerns. The letter outlines concern
about environmental impact, specific to contamination of an irrigation water
supply. The applicant met with owners of the surface estate on an individual
basis and have had extensive discussions with the adjacent property owner
to the south and southeast from the project parcel. This property owner
holds concerns of the possibility of contamination of his irrigation water
from the proposed injection well facility. The Conditions of Approval require
that the applicant submit an Emergency Action and Safety Plan, an
extensive Groundwater Monitoring Plan with leak detection monitors
placed around the facility, both up-gradient and down-gradient from the
facility. The applicant is also proposing multiple redundant mitigation
measures for leak detection and spill containment to be implemented as
part of the construction of the facility initially and for operation. Additionally,
a Lighting Plan, a Flood Hazard Development Permit, and visual mitigation
via a Screening Plan is required. The 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.
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
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 Town of Eaton, Town of Severance, Town of Windsor and the City of
Greeley. The site is also located within the Coordinated Planning
Agreement area for the Towns of Severance and Windsor. The Town of
Severance returned an undated Notice of Inquiry stating "This project falls
outside of the Severance GMA and at this time the Town does not wish to
annex. Please continue to include the town on future project submittals."
The Town of Windsor returned an undated Notice of Inquiry stating
"... outside of Windsor's GMA/No conflict." The Town of Windsor returned
a referral dated October 10, 2019, indicating no conflicts with the Town's
interests and the City of Greeley returned a referral dated October 3, 2019,
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stating the City of Greeley Planning does not have any comments on this
project, as it is located outside of the Long Range Expected Growth Area.
The Town of Eaton and the Town of Severance did not return a referral
response.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, Airport Overlay District or Municipal
Separate Storm Sewer System (MS4) area. The site is within the Flood
Hazard Development Overlay area and will require an approved Flood
Hazard Development Permit prior to construction. 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 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately seven (7) acres of
Prime (Irrigated) Farmlands of National Importance, per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
property is a dry corner and does not have any irrigation water associated
on the property.
G. Section 23-2-230.B.7 — 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 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 NGL Water Solutions DJ, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0060, for an Oil and Gas Support
and Service, including an unmanned, pipeline only, Class II Saltwater Disposal Facility and related
infrastructure, up to five (5) construction trailers and five (5) conex containers for temporary use
during construction 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. 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.
B. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
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C. The property owner or operator shall provide a final Engineering Report
and Certification of Compliance, stamped and signed by a qualified
Professional Engineer registered in the State of Colorado, which shall
demonstrate that the quantity and quality of decreed subsurface water flow
across the site to the southern property owner will not be injured.
D. The applicant shall address the requirements of the State of Colorado
Department of Public Health and Environment, as stated in the referral
response dated October 25, 2019. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
E. A Decommissioning Plan shall be submitted to, and approved by, the
Department of Planning Services.
F. A Communication Plan shall be submitted to, and approved by, the
Department of Planning Services.
G. A Lighting Plan shall be submitted to, and approved by, the Department of
Planning Services.
H. A Landscape and Screening Plan (Visual Mitigation) shall be submitted to,
and approved by, the Department of Planning Services that screens the
site from the surrounding property owners and public rights-of-way.
The applicant shall provide written evidence of the existing and future
right-of-way for State Highway 392 from the Colorado Department of
Transportation.
J. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0060.
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 landscaping and screening in
accordance with the approved Landscape and Screening Plan.
6) The map shall delineate the on-site lighting in accordance with the
approved Lighting Plan.
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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 company employees.
9) County Road 31 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 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.
10) The applicant shall show and label the existing and future
right-of-way for State Highway 392. Contact the Colorado
Department of Transportation for right-of-way widths and additional
requirements.
11) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) 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.
14) 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.
15) The applicant shall show and label the drainage flow arrows.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
17) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
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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 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 map 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 approved access and tracking control shall be constructed prior to
on-site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
C. Any construction in the floodplain requires a Floodplain Permit.
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. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
B. The applicant shall submit a Groundwater Monitoring Plan, for review and
approval, to the Weld County Department of Public Health and
Environment.
6. The Use by Special Review 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
map 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 4th day of November, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
(� WELD COUNTY,
COLORADO
diatA)
ATTEST: weeA
Mike Freeman, Chair
Weld County Clerk to the Board
Q
�J Ste oreno, Pro-Tem
BY
puty Clerk to the Board ;t`
- _� c K. James
APP ED ORM `11%,' '.1`f CUSED
rbara Kirkme ryer
Coun torney )t�
Kevin D. Ross
Date of signature: (l / I31
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NGL WATER SOLUTIONS DJ, LLC
USR19-0060
1. The Site Specific Development Plan and Use by Special Review, USR19-0060, is for an
Oil and Gas Support and Service, including an unmanned, pipeline only, Class II Saltwater
Disposal Facility and related infrastructure, up to five (5) construction trailers and five (5)
conex containers for temporary use during construction in the A (Agricultural) Zone
District, 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. This is an unmanned facility, as stated in the application materials.
4. The parking area on the site shall be maintained.
5. 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.
6. The screening on the site shall be maintained in accordance with the approved Screening
Plan.
7. The property owner or operator shall maintain compliance with the Decommission Plan
and the Communication Plan.
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.
9. 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.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
11. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
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.
13. The property owner or operator shall comply with all requirements provided in the
executed Road Maintenance Agreement.
14. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
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15. The historical flow patterns and runoff amounts on the site will be maintained.
16. Weld County is not responsible for the maintenance of on-site drainage related features.
17. Water, wastewater, and other materials to be disposed of via the injection well, shall be
delivered by pipeline only.
18. 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.
19. 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.
20. 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.
21. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I, of the Weld County Code.
22. 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.
23. The applicant shall submit an Air Pollution Emission Notice (APEN) 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.
24. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are onsite for less than
two (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.
25. All potentially hazardous chemicals onsite 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.
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
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Conservation Commission (COGCC) Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
27. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
28. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
29. The facility shall comply with the accepted Groundwater Monitoring Plan.
30. Analytical waste data and environmental monitoring data shall be made available to the
Weld County Department of Public Health and Environment (WCDPHE) upon request.
The WCDPHE reserves the right to require additional monitoring.
31. 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.
32. 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 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.
33. The applicant shall obtain a Colorado Discharge Permit System, or CDPS permit, from the
CDPHE, Water Quality Control Division, as applicable.
34. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as set forth in C.R.S. §25-12-103.
35. The WCDPHE will 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 offsite, in accordance with all state and federal rules and regulations and the
Weld County Code. Documentation of closure activities will be provided to the WCDPHE.
36. The property owner or operator shall notify the County of any revocation and/or
suspension of any State-issued permit.
37. The property owner or operator 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.
38. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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39. Lighting shall be maintained in accordance with the approved Lighting Plan.
40. Sources of light shall be shielded so that light rays 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.
41. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map#08123C-1510E, effective date January 20,
2016 (Coalbank Creek Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
42. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
43. 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, 2006
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.
44. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
45. 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.
46. 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
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permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
47. 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.
48. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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