HomeMy WebLinkAbout20201865.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION �_� �►�
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch , 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 : USR20-0007
APPLICANT : EWS# 12 DJ BASIN . LLC
PLANNER : KIM OGLE
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR OIL AND GAS SUPPORT AND SERVICE ,
INCLUDING A CLASS II SALTWATER DISPOSAL FACILITY AND
RELATED INFRASTRUCTURE . ONE ( 1 ) 80- FOOT X 100- FOOT STEEL
BUILDING WITH OFFICE , A TANK WASHOUT AREA ON THE
CONCRETE UNLOAD PAD AND UP TO FIVE ( 5 ) CONSTRUCTION
TRAILERS AND FIVE ( 5 ) CONEX CONTAINERS FOR TEMPORARY
USE DURING CONSTRUCTION IN THE A (AGRICULTURAL ) ZONE
DISTRICT ( EXPEDITION WATER SOLUTIONS )
LEGAL DESCRIPTION LOT A REC EXEMPT RECX20-0046 , PART E2E2 SECTION 30 . T8N .
R65W OF THE 6TH P M . . WELD COUNTY . COLORADO
LOCATION : SOUTH OF AND ADJACENT TO CR 90 : WEST OF AND ADJACENT TO
CR 39 .
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 -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 on lands having no irrigation water and are currently used for grazing
and pasturing . The property owner has created a new parcel of land for use with the proposed
facility , leaving open options for continued agricultural activities on the remaining 149 acres . The
current agricultural operations generate a fair amount of traffic on area roads . The proposed facility
may generate up to one hundred ( 100 ) tractors with trailers and there may be up to twenty (20)
passenger vehicle trips to the site each day based on market demand . The proposed metal skinned
building is similar in size to area agricultural buildings and structures .
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 . 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 .
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
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
RESOLUTION USR20-0007
EWS#12 DJ BASIN, LLC
PAGE 2
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
Section 22-4-140 A 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 " 5
Referrals were sent to the Weld County Department of Public Health and Environment and Colorado
Department of Transportation for comment Weld County Department of Public Health and
Environment returned a referral dated April 13,2020 outlining the Development Standards for a safe
operation of the facility The State of Colorado Department of Transportation returned a referral
dated March 30, 2020 without concerns Pe 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
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 Special Use 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 23-2-220 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,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 four(4) USRs within one-mile of the site Adjacent to the north is a feedlot permitted via
SUP-174 for Boxelder Sheep Company in(1972),to the east is a dairy operation permitted via USR-
221 in(1973)and to the northeast across the intersection of County Road 39 and County Road 90 is
an agri-business permitted via USR-506 for fertilizer storage tanks and sales operation in (1982)
The Cheyenne Connector 36-inch diameter high pressure pipeline permitted via USR18-0077
crosses the adjacent property heading in a northwesterly alignment Furthermore,this property has
direct access onto County Road 90, which is a primary transportation corridor that supports
agricultural, commercial and industrial transportation
The Weld County Department of Planning Services sent notice to twelve(12)Surrounding Property
Owners on nineteen(19)parcels Planning staff received correspondence from one(1)surrounding
property owner within 500 feet of the parent parcel The letter is from the office of Hamre,Rodriguez,
Ostrander&Dingess, P C ,Attorneys and Counselors at Law,on behalf of the City of Thornton as a
nearby landowner and interested neighbor This letter raises several questions including what type of
RESOLUTION USR20-0007
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facility will be constructed on the parcel and has the applicant conducted the appropriate studies and
analyses for the project,such as seismic evaluations Additional questions address how this facility
will mitigate possible nuisance conditions,and questions if this type of facility is economically viable
The applicant seeks to have a meeting with the neighbors to address the use of the property and the
proposed facility Currently there is a safer at home order for the State of Colorado If the shelter in
place order gets lifted prior to either the Planning Commission or Board of County Commissioner
hearing then the applicant and their representative intend to hold an open house with neighbors and
interested persons Currently, as of May 1, 2020, there is not a meeting scheduled
The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan,
an extensive ground water monitoring plan with leak detection monitors placed around the facility,
both upgradient 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 and a
Decommissioning Plan is required by Planning Services The Development Standards and
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
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 Town of Ault and Town of Pierce and
is not located within the Coordinated Planning Agreement area or Intergovernmental Agreement Area
with either municipality
Review of the 2015 Town of Ault Comprehensive Plan identifies the project site as located outside of
the Future Land Use Map Projected Growth Area for the Town by approximately two(2)miles The
Town of Pierce Comprehensive Plan,Future Land Use Map was not found,but the 2019 Zoning Map
delineates the extent of the Corporate Limits east to County Road 35 and north to County Road 90
The project site is located South of and adjacent to County Road 90,West of and adjacent to County
Road 39 and is outside the Town's Planning area
Review of the 1976 Town of Pierce Comprehensive Plan identifies the project site as located outside
of the Town Limits The document does not delineate any future planning growth areas in this plan
The Town of Pierce in their referral response dated April 13, 2020 states"At this time,the Town of
Pierce Planning Commission members are recommending that the oilfield waste disposal facility be
relocated outside the current three-mile growth boundary of the Town of Pierce, the applicant
consider other possible routes for the 100 semi-truck/trailer trips per day passing through town
and the facility utilizes a closed-loop gas capture system designed to eliminate leakage of
vaporized gases into the atmosphere during the liquids transfer process The Town is also
concerned with the occurrence of earth tremors and earthquakes believed to be associated with
injection wells is a major concern Thank you for considering the concerns and
recommendations of this committee and allowing us to have a voice in this matter"
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 Flood Hazard Development Overlay area for the Lone Tree Creek, the Airport Overlay
District and 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
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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 22 acres of Irrigated Land
( Not Prime) . The proposed facility site does not have any irrigation water on the property .
G . Section 23-2-220 . A . 7 — There are adequate provisions for the protection of the health , safety , and
welfare of the inhabitants of the neighborhood and County .
The Design Standards ( Section 23-2 -240 , Weld County Code) , Operation Standards (Section 23-2 -
250 , Weld County Code ) , Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health , safety , and welfare of the inhabitants of the
neighborhood and County .
This proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached conditions of approval and development standards ensure that there are adequate
provisions for the protection of the health , safety and welfare of the inhabitants of the neighborhood
and county and will address and mitigate impacts on the surrounding area due to the construction of
this facility .
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 . Recorded Exemption RECX20-0046 shall be submitted for recording . ( Department of Planning
Services)
B . The applicant shall address the concerns of the Public Works Referral relating to the proposed CR 90
access location and the existing CR 39 access location . ( Department of Public Works)
C . 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 . ( Department of Public
Works)
D . A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required . ( Department of Public Works)
E . The applicant shall submit a final Traffic Impact Study , prepared , stamped , and signed by a
registered professional engineer licensed in the State of Colorado , that addresses the concerns of
the Public Works review. ( Department of Planning Services)
F . A Decommissioning Plan shall be submitted to and approved by the Department of Planning
Services . ( Department of Planning Services)
G . A Communication Plan shall be submitted to and approved by the Department of Planning Services .
( Department of Planning Services)
H . A Lighting Plan shall be submitted to and approved by the Department of Planning Services .
( Department of Planning Services )
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I A Landscape and Screening Plan shall be submitted to and approved by the Department of Planning
Services that screens the site from the surrounding property owners and rights-of-way (Department
of Planning Services)
J The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR20-0007 (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 per Section 23-2-160 T of the
Weld County Code (Department of Planning Services)
5 The map shall delineate the onsite lighting in accordance with the approved Lighting Plan per
Section 23-2-160 U 6 of the Weld County Code (Department of Planning Services)
6 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 (Department of Planning Services)
7 The map shall delineate the parking area for company employees, vendors and visitors per
Section 23-4-30 and Appendices 23-A and 23-B of the Weld County Code (Department of
Planning Services)
8 County Road 90 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 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
(Department of Public Works)'
9 County Road 39 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way)and the physical location of the road All setbacks
shall be measured from the edge of right-of-way This road is maintained by Weld County
(Department of Public Works)
10 County Road 88 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way 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 If the right-of-way cannot be verified it shall be dedicated Pursuant to the definition of
setback in the Weld County Code, Sec 23-1-90, the required setback is measured from the
future right-of-way line Be aware that physical roadways may not be centered in the right-of-way
This road is maintained by Weld County (Department of Public Works)
11 Show and label the approved access locations, the access type (e g residential), approved
access width and the appropriate turning radii on the site plan The applicant must obtain an
access permit in the approved locations prior to construction (Department of Public Works)
12 Show and label the approved tracking control on the site plan (Department of Public Works)
13 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
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PAGE 6
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 . ( Department of Public Works)
14 . 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 .
( Department of Public Works)
15 . Show and label the drainage flow arrows . ( Department of Public Works)
16 . Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property . ( Department of Public Works)
2 . Upon completion of Condition of Approval # 1 above , the applicant shall submit one ( 1 ) electronic copy
( . pdf) of the map for preliminary approval to the Weld County Department of Planning Services . Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval . The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services . The map shall be prepared in accordance with the
requirements of Section 23-2-260 . D of the Weld County Code . The Mylar map and additional
requirements shall be submitted within one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution . The applicant shall be responsible for paying the recording fee .
( Department of Planning Services)
3 . In accordance with Weld County Code Ordinance #2012- 3 , approved April 30 , 2012 . should the map not
be recorded within the required one hundred twenty ( 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 . ( Department of Planning Services)
4 . Prior to Construction :
A . The approved access and tracking control shall be constructed prior to on- site construction .
( Department of Public Works)
B . If more than one ( 1 ) acre is to be disturbed . a Weld County Grading Permit will be required .
( Department of Public Works)
eld
County grading permit will be required . ( Department of Public Works)
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)
5 . During Construction :
A . Public Works shall be allowed to enter the premises to inspect temporary control measures ( BMPs)
for proper installation and maintenance as detailed in the site ' s Grading Permit . Inspections occur to
ensure adequate measures are taken to protect the landowner, neighboring properties , adjacent
roadways and nearby waterways from the potentially adverse effects of stormwater runoff.
Inspections shall occur at a frequency determined by the site ' s compliance , with higher inspection
frequencies for non-compliance . Sec . 8- 12 -90 ( Department of Public Works)
6 . 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
RESOLUTION USR20-0007
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PAGE 7
operator,the Fire District and the Weld County Office of Emergency Management Submit evidence
of acceptance to the Department of Planning Services (Department of Planning Services)
B Accepted construction drawings and construction of the off-site roadway improvements are required
prior to operation (Department of Public Works)
7 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 (Department of Planning
Services)
Motion seconded by Lonnie Ford
VOTE
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stile
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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 Commissioner's 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 May 19, 2020
Dated the 19th of May, 2020
Kristine Ranslem
Secretary
RESOLUTION USR20-0007
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Expedition Water Solutions
USR20-0007
1 A Site Specific Development Plan and Use by Special Review Permit, USR20-0007, for Oil and Gas
Support and Service, including a Class II Saltwater Disposal Facility and related infrastructure, one (1)
80-foot x 100-foot steel building with office, a tank washout area on the concrete unload pad and 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 (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) hour a day, Monday— Sunday (Department of Planning
Services)
4 The number of facility employees is ten(10), over three(3)shifts,as stated In the application materials
(Department of Planning Services)
5 The parking area on the site shall be maintained (Department of Planning Services)
6 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 (Department of Planning Services)
7 The proposed screening on the site shall be maintained in accordance with the approved Landscape and
Screening Plan (Department of Planning Services)
8 The Property Owner shall maintain compliance with the approved Decommission Plan and the approved
Communication Plan (Department of Planning Services)
9 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)
10 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 (Department of Public Works)
11 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking (Department of Public Works)
12 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized
(Department of Public Works)
13 The construction access may be utilizing unmaintained County right-of-way (County Road 39)
Maintenance of the unmaintained County right-of-way will not be the responsibility of Weld County
(Department of Public Works)
14 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 (Department of Public Works)
J
15 The Property Owner shall comply with all requirements provided in the executed Improvements/Road
Maintenance Agreement (Department of Public Works)
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16 The Improvements/Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates (Department of Public Works)
17 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
18 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
19 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 (Weld County Department of Public Health and Environment)
20 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 (Weld County Department of Public Health and Environment)
21 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 (Weld County Department of Public Health and Environment)
22 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 and the accepted waste handling plan (Weld County Department of
Public Health and Environment)
23 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 and the accepted dust abatement plan (Weld
County Department of Public Health and Environment)
24 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 (Weld County Department of Public Health and Environment)
25 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 (Weld County Department of Public Health and
Environment)
26 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 (Weld County Department of Public Health
and Environment)
27 All chemicals on-site must be handled in a safe manner in accordance with product labeling All
chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations (Weld County Department of Public Health and Environment)
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28 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 (Weld County Department of Public
Health and Environment)
29 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 12 As applicable,a Spill Prevention, Control
and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112,
shall be available (Weld County Department of Public Health and Environment)
30 The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur (Weld County Department of Public Health and Environment)
31 The facility shall comply with the accepted Groundwater Monitoring Plan (Weld County Department of
Public Health and Environment)
32 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 (Weld County Department of Public
Health and Environment)
33 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 (Weld County Department of Public Health and
Environment)
34 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 Weld County Department of Public Health and Environment or Colorado Department of Public Health
and Environment,a comprehensive site-wide Stormwater Plan shall be developed and implemented The
plan must be approved, in writing by the Weld County Department of Public Health and Environment or
Colorado Department of Public Health and Environment, prior to implementation (Weld County
Department of Public Health and Environment)
35 The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment Water Quality Control Division, as applicable (Weld
County Department of Public Health and Environment)
36 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 (Weld County Department of Public Health and Environment)
37 Weld County Department of Public Health and Environment 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 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 Weld County Department of Public
Health and Environment (Weld County Department of Public Health and Environment)
38 The facility shall notify the County of any revocation and/or suspension of any State issued permit (Weld
County Department of Public Health and Environment)
39 The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit,and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance (Weld County Department of Public Health and Environment)
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40 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code (Department of Public Health and Environment)
41 Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
42 Sources of light shall be shielded, directed to the ground plane 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 (Department of
Planning Services)
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, 2018 International Residential Code, 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 (Department of Building Inspection)
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 (Department of Planning Services)
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 (Department of Planning Services)
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 permitted Any other changes shall be filed in the office of the Department of
Planning Services
47 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
48 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit,or the Permit shall be
vacated
49 This 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
RESOLUTION USR20-0007
EWS#12 DJ BASIN, LLC
PAGE 12
50 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 person 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
51 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States,typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life Without neighboring farms,those features which attract urban dwellers
to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well-run agricultural activities
will generate off-site impacts,including noise from tractors and equipment,slow-moving farm vehicles on
rural roads, dust from animal pens,field work, harvest and gravel roads,odor from animal confinement,
silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement,ambulance,and fire Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas, in many cases,will not be equivalent to municipal services Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
RESOLUTION USR20-0007
EWS#12 DJ BASIN, LLC
PAGE 13
but also for the protection of the farmer's livelihood
EXHIBIT
VakVikia-\t5 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
ego -mil
' ( q 11020 Tuesday , May 19 , 2020
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 Chair,
Michael Wailes , at 12 : 30 pm .
Roll Call .
Present : Michael Wailes , Bruce Johnson , Gene Stille , Tom Cope , Lonnie Ford , Richard Beck , Elijah Hatch ,
Skip Holland .
Also Present : Kim Ogle and Diana Aungst , Department of Planning Services ; Lauren Light , Department of
Health ; Mike McRoberts , Melissa King and Zack Roberson . Public Works ; Bob Choate , County Attorney ,
and Kris Ranslem . Secretary .
CASE NUMBER : USR20-0007
APPLICANT : EWS# 12 DJ BASIN . LLC
PLANNER : KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR OIL AND GAS SUPPORT AND SERVICE ,
INCLUDING A CLASS II SALTWATER DISPOSAL FACILITY AND
RELATED INFRASTRUCTURE , ONE ( 1 ) 80- FOOT X 100- FOOT STEEL
BUILDING WITH OFFICE , A TANK WASHOUT AREA ON THE
CONCRETE UNLOAD PAD AND UP TO FIVE ( 5 ) CONSTRUCTION
TRAILERS AND FIVE ( 5 ) CONEX CONTAINERS FOR TEMPORARY
USE DURING CONSTRUCTION IN THE A (AGRICULTURAL ) ZONE
DISTRICT ( EXPEDITION WATER SOLUTIONS )
LEGAL DESCRIPTION : LOT A REC EXEMPT RECX20-0046 . PART E2E2 SECTION 30 . T8N ,
R65W OF THE 6TH P M . . WELD COUNTY . COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 90 ; WEST OF AND ADJACENT
TO CR 39 .
Kim Ogle , Planning Services , presented Case USR20-0007 , reading the recommendation and comments
into the record . Mr. Ogle noted that one ( 1 ) letter from a surrounding property owner was received with
questions of what type of facility will be constructed and has the applicant conducted the appropriate studies
and analysis for the project . such as seismic evaluations . Additional questions address how this facility will
mitigate possible nuisance conditions and questions that this type of facility is economically viable . Mr .
Ogle said that the applicant sought to have a meeting with neighbors to address the use of the property
and the proposed facility ; however, due to COVID- 19 they were unable to meet with them . He added that
if the " Safer at Home" order for the State of Colorado is lifted prior to the Board of County Commissioner
hearing , then the applicant intends to hold an open house with neighbors . The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards .
Commissioner Stille stated that he is the President of the North Weld County Water District Board and the
North Weld County Water District has sold this land . He believes he can be impartial to this case but
wanted to inform everyone . Bob Choate , County Attorney , asked if the sale was conditional or if it was
complete . Mr. Stille said it was complete . Mr. Choate had no issues with Mr. Stille voting on this case .
Melissa King , Public Works , reported on the existing traffic , access to the site and drainage conditions for
the site .
Commissioner Stille said the community was concerned with where the ingress/egress was and asked if
that is far enough up the hill to the west that traffic coming east or west can see those semis turning into
the site . Ms . King said that they are reviewing the access location and there are still a few things to be
finalized .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan . Ms . Light noted that they did require a groundwater monitoring
1
plan and also design plans for the offload area in their referral but was inadvertently missed in the staff
report She requested to add these under the Prior to Construction conditions of approval
Eric Wernsman, Wernsman Engineering and Land Development, 16495 Essex Road South, Platteville,
Colorado,stated that Expedition is expanding his operations in Weld County and is going to great measures
to pick sites that have minimal impact to neighboring properties The nearest residence is 500 feet from
the site It is anticipated that a pipeline will be constructed to this facility Mr Wernsman had said that
EWS hopes to be able to provide a community meeting prior to the Board of County Commissioners hearing
but had not been able to due to virus restrictions
Commissioner Hatch asked if the completion of the pipeline will possibly increase or decrease any of the
truck traffic Mr Wernsman replied that it may decrease, but EWS has agreed that they will not go over the
50 trucks per day
Mr Wernsman clarified that he has surveyed this location and noted that the proposed access point is
located at the spot that creates the greatest line of sight He added that they are working on this through
Public Works
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one in the room wished to speak and no emails were received from the public who were viewing the live
stream
The Chair referred to the requested changes to the Resolution from Staff Ms Light requested to add new
Conditions of Approval 4 D and 4 E per the Environmental Health Referral they submitted
Staff stated that a late public comment was received via email The Chair stated the email was submitted
from Steven Louis-Prescott, counsel for the City of Thornton and read the questions into the record
In response to the first question regarding the status of COGCC permitting, Mr Wernsman said that after
approval of this USR,the next step will be to go through COGCC permitting With regard to alternative site
locations if an application is not approved by COGCC by November 1, 2020, Jim Goddard, Expedition
Water Solutions, 2015 Clubhouse Drive #201, Greeley, Colorado, stated that they have not chosen
alternative sites and added that they have purchased this property
Mr Goddard said that he is willing to host a neighborhood meeting, but due to the circumstances he hasn't
been able to reach out to anyone He added that he hadn't thought of holding it through Zoom but would
try to hold it before the County Commissioner hearing
With regard to the additional questions submitted, Mr Goddard said that they have a pipeline engineer on
staff and currently working with the producer Once they establish that they bought the property they are
designing the pipeline He added that unfortunately,the price of oil has gone down so things are not moving
as fast as they expected
Motion Add New Condition of Approval 4 D and 4 E, as recommended by Staff, Moved by Tom Cope,
Seconded by Elijah Hatch Motion carried unanimously
Ms King referred to Condition of Approval 4 C and recommended that this be deleted as it is not relevant
to this site Additionally, she requested that a new Condition of Approval 1 E be added to read "A final
Traffic Study stamped and signed by a professional engineer registered in the State of Colorado is required"
to address all the access issues that have been ongoing
Motion Delete Condition of approval 4 C, Moved by Tom Cope, Seconded by Elijah Hatch Motion
carried unanimously
Motion Add New Condition of Approval 1 E,as recommended by Staff,Moved by Elijah Hatch,Seconded
by Tom Cope Motion carried unanimously
2
The Chair asked the applicant if they have read through the amended 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 USR20-0007 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 Elijah Hatch, Seconded by Lonnie Ford
Vote Motion carried by unanimous roll call vote (summary Yes=8)
Yes Bruce Johnson, Elijah Hatch, Gene Stifle, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope
Meeting adjourned at 6 15 pm
Respectfully submitted,
Kristine Ranslem
Secretary
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ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
John Doe 123 Nowhere Street, City, State, Zip
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