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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle Hearing Date: May 19, 2020
USR20-0007
EWS #12 DJ Basin LLC, an Expedition Water Solutions entity
c/o Jim Goddard, 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634
Eric Wernsman, Wernsman Engineering and Land Development LLC
16495 Essex Road South, Platteville, CO 80651
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
Lot A of Recorded Exemption, RECX20-0046; being a part of the E2E2 of Section
30, Township 8 North, Range 65 West of the 6th P.M., Weld County, CO
South of and adjacent to County Road 90, West of and adjacent to County Road 39
± 22 acres Parcel No. 0551-30-1-00-059
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
State of Colorado Division of Water Resources, referral dated April 7, 2020
Town of Pierce, referral dated April 13, 2020
Weld County Department of Public Health and Environment, referral dated April 13, 2020
Weld County Department of Public Works, referral dated May 4, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Zoning Compliance, referral dated March 19, 2020
Y Weld RE -9 Schools, referral dated March 26, 2020
Y Weld County Sheriff's Office, referral dated March 30, 2020
Y State of Colorado Department of Transportation, referral dated March 30, 2020
Y West Greeley Conservation District, referral dated April 13, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Ault
Y Ault Fire Protection District
Y North Weld County Water District
Y State of Colorado Parks & Wildlife
Y Weld County Office of Emergency Management
USR20-0007 — Expedition Water Solutions
Page 1
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Kim Ogle
USR20-0007
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: May 19, 2020
EWS #12 DJ BASIN LLC, an Expedition Water Solutions entity
c/o Jim Goddard, 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634
Eric Wernsman, Wernsman Engineering and Land Development LLC
16495 Essex Road South, Platteville, CO 80651
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
Lot A of Recorded Exemption, RECX20-0046; being a part of the E2E2 of Section
30, Township 8 North, Range 65 West of the 6th P.M., Weld County, CO
South of and adjacent to County Road 90, West of and adjacent to County Road 39
± 22 acres Parcel No. 0551-30-1-00-059
The proposal is for a manned Class II saltwater disposal facility located on an approximate twenty-two (22)
acre parcel being created via pending RECX20-0046 that is located on agricultural lands adjacent to two
publicly maintained roads. The lands to the south and a part of the associated Recorded Exemption will
remain in agricultural production for grazing of livestock or production agriculture. Expedition Water
Services is expanding their footprint in Weld County with the proposed EWS#12 facility being the fourteenth
(14) disposal facility in Colorado and thirteenth (13) in Weld County. The proposed facility will include an
8000 SF building with an office area and the injection pumps. There will be a concrete truck unload pad, a
tank containment area that will have up to thirty-five (35) steel tanks and a tank washout area on the
concrete unload pad. Pre-Covid-19 virus pandemic a pipeline was proposed to be constructed, reducing
that amount of traffic to the facility. Given the current price per BBL, the pipeline construction has an
unknown timetable for completion. The facility will operate 24 -hours a day, seven days a week and will
employ ten persons over a three (3) shift rotation. The application materials state there will be ten (10)
full-time employees over three (3) shifts and eight (8) parking stalls with one (1) accessible parking.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
USR20-0007 — Expedition Water Solutions
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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
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."
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 Ill, 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
USR20-0007 — Expedition Water Solutions
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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 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
USR20-0007 — Expedition Water Solutions
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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.
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.
USR20-0007 — Expedition Water Solutions
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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 Department of Planning Services' staff 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. A Decommissioning Plan shall be submitted to and approved by the Department of Planning
Services. (Department of Planning Services)
F. A Communication Plan shall be submitted to and approved by the Department of Planning
Services. (Department of Planning Services)
G. A Lighting Plan shall be submitted to and approved by the Department of Planning Services.
(Department of Planning Services)
H. 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)
I. 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)
USR20-0007 — Expedition Water Solutions
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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 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
USR20-0007 — Expedition Water Solutions
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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)
C. If more than one (1) acre is to be disturbed for construction outside of the gravel mining area, a
Weld County grading permit will be required. (Department of Public Works)
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
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)
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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)
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)
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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)
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.
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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.
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
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law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
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March 19, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
WERNSMAN ERIC
16495 ESSEX ROAD S.
PLATTEVILLE, CO 80651
Subject: USR20-0007 - A Site Specific Development Plan and Use by Special Review, 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.
On parcel(s) of land described as:
LOT A REC EXEMPT RECX20-0046, PART E2E2 SECTION 30, T8N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 19, 2020, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 10, 2020 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
https://accela-aca.co.weld.co.us/CitizenAccess
If you have any questions concerning this matter, please call.
Respectfully,
Kim O
Planner
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