HomeMy WebLinkAbout20201864.tiff RESOLUTION
RE: APPROVE 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 BY 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 - EWS
#12 DJ BASIN, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 24th day of
June, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of EWS #12 DJ Basin, LLC, 2015 Clubhouse Dr., Suite 201, Greeley, Colorado
80634, for 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 by 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 the following described
real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX20-0046; being
part of the E1/2 E1/2 of Section 30, Township 8
North, Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Eric Wernsman, Wernsman
Engineering and Land Development, LLC, 16495 Essex Rd S, Platteville, CO 80651, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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SPECIAL REVIEW PERMIT (USR20-0007) - EWS #12 DJ BASIN, LLC
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1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land
to nonurban residential, commercial and industrial uses should be
accommodated when the subject site is in an area that can support such
development and should attempt to be compatible with the region." The
proposed facility is located on property with no irrigation water and 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 100 tractors with trailers and there
may be up to 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.
2) Section 22-4-130 addresses mineral resource exploration and production
wastes stating a large amount of water is extracted during the production
of crude oil and natural gas. The wastewater produced from mineral
resource exploration and production waste is frequently brackish or salty
and must be processed and disposed of in a satisfactory manner to protect
both human and environmental health. To protect the land, water and
County citizen health groundwater contamination must be prevented by
following state regulations that require cementation of wells (including
injection wells) to prevent commingling of water, oil and gas into other
formations.
3) Section 22-4-140.A (EP.Goal 1) states: "Encourage the minimization of
mineral resource exploration and production waste and require the safe
disposal of it."Oil and gas development in the County, is an integral part of
the County economy and has a substantial direct and indirect impact on
current and future land use. Oil and gas development is cyclical, but the
economics of energy suggests there will be sustained levels of exploration
and extraction in the County. Many state and federal permits are required
for the industry, such as stormwater management plans, environmental
reports (including those for threatened and endangered species),
archeological and historical reports, floodplain permits, Air Pollution
Emissions Notices and other federal, state and County statutes, regulations
and ordinances.
4) Section 22-4-140.6 (EP.Goal 2) states: "Mineral resource exploration and
production waste facilities should be planned, located, designed and
operated to encourage compatibility with surrounding land uses in terms of
items such as general use, scale, height, traffic, dust, noise and visual
pollution." Referrals were sent to the 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,
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without concerns. Per the application materials, once the pipeline into the
facility is operational, the number of tanker trucks visiting the facility will be
greatly reduced. The proposed use is in an area that can support this
development and the Conditions of Approval and Development Standards
will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
1) Section 23-3-40.W allows for Oil and Gas Support and Service facilities to
be constructed, operated and maintained on lands outside of Subdivisions
and Historic Townsites in the A (Agricultural) Zone District upon approval
of a Use by Special Review Permit (USR) in accordance with the
requirements and procedures set forth in Chapter 23, Article II, Division 4
of the Weld County Code. Agriculture in the County is considered a
valuable resource which must be protected from adverse impacts resulting
from uncontrolled and undirected business, industrial and residential land
uses. The A (Agricultural) Zone District is established to maintain and
promote agriculture as an essential feature of the County. The
A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural
production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land uses.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with
the existing surrounding land uses. The adjacent lands consist of 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 (1) approximately 840 feet and the second approximately 1,725 feet from
the western property line. There are four (4) USRs within one (1) 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 12 surrounding property owners
on 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 and 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
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address how this facility will mitigate possible nuisance conditions, and questions
if this type of facility is economically viable. The applicant intends to have a meeting
with the neighbors to address the use of the property and the proposed facility.
The Conditions of Approval require that the applicant submit an Emergency Action
and Safety Plan, an extensive Groundwater Monitoring Plan with leak detection
monitors placed around the facility, both 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. The Conditions of Approval and Development
Standards will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.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 approximately two (2) miles outside of the
Future Land Use Map Projected Growth Area for the Town. 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 (3) 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 23-2-230.B.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 23-2-230.B.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.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions
of Approval and Development Standards can ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the inhabitants of
the neighborhood and County. This proposal has been reviewed by the appropriate
referral agencies and it has been determined that the attached Conditions of
Approval and Development Standards can ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of
the neighborhood and County and will address and mitigate impacts on the
surrounding area due to the construction of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of EWS#12 DJ Basin, LLC, for 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 by
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 the parcel of land described above be, and hereby is,
granted subject to the following conditions:
1. Prior to recording the map:
A. Recorded Exemption, RECX20-0046, shall be submitted for recording.
B. 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.
C. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
D. A Decommissioning Plan shall be submitted to, and approved by, the
Department of Planning Services.
E. A Communication Plan shall be submitted to, and approved by, the
Department of Planning Services.
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F. A Lighting Plan incorporating the Dark Sky Policy shall be submitted to, and
approved by, the Department of Planning Services.
G. A Screening Plan shall be submitted to, and approved by, the Department
of Planning Services that screens the site and any outside storage from the
surrounding property owners and public rights-of-way.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0007.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map,
per Section 23-2-160.T of the Weld County Code.
5) The map shall delineate the on-site lighting, in accordance with the
approved Lighting Plan, per Section 23-2-160.U.6 of the Weld
County Code.
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.
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.
8) County Road 90 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance2017-01) as
a collector road, which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate and label the future and
existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
site map or plat. All setbacks shall be measured from the edge of
the right-of-way. This road is maintained by Weld County.
9) County Road 39 is a gravel road and is designated on the Weld
County Functional Classification Map (Code Ordinance2017-01) as
a local road, which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label the future and existing right-
of-way (along with the documents creating the existing right-of-way)
and the physical location of the road on the site map or plat. All
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setbacks shall be measured from the edge of the right-of-way. This
road is maintained by Weld County.
10) County Road 88 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance2017-01) as
a local road, which requires 60 feet of right-of-way. The applicant
shall delineate and label the future and existing right-of-way (along
with the documents creating the existing right-of-way) and the
physical location of the road on the site map or plat. If the
right-of-way cannot be verified it shall be dedicated. Pursuant to the
definition of setback in the Weld County Code, Section 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.
11) The applicant shall 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.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
14) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No-Build or Storage Area" and shall include the calculated volume.
15) The applicant shall show and label the drainage flow arrows.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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
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within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on-site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
C. The facility shall submit a Groundwater Monitoring Plan, for review and
approval, to the Weld County 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.
5. During Construction:
A. Public Works staff 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. Section 8-12-90.
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.
B. Accepted construction drawings and construction of the off-site roadway
improvements are required.
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of June, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datiteiv •X1�tO•&k. -
Mike Freeman, Chair
Weld County Clerk to the Board
• Steve repo, Pro-Tem
BY:
eputy Clerk to the Board \, 1E / /� �` Sc tt . James
AP O D AS R J.
36% arbara Kir
NO'
ounty orney� /,/
1 1, Kevin D. Ross
Date of signature: 0'7/16/2• "�•�r
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EWS #12 DJ BASIN, LLC
USR20-0007
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0007, is
for Oil and Gas Support and Service, including a Class II Saltwater Disposal Facility and
related infrastructure, one (1) 80-foot by 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are 24 hours a day, Monday through Sunday.
4. The number of facility employees is up to ten (10).
5. The parking area on the site shall be maintained.
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.
7. The proposed screening on the site shall be maintained, in accordance with the approved
Screening Plan.
8. The property owner shall maintain compliance with the approved Decommission Plan
9. The property owner shall maintain compliance with the approved Communication Plan.
10. 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.
11. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
12. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
14. 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.
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15. 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.
16. The property owner shall comply with all requirements provided in the executed
Improvements/Road Maintenance Agreement.
17. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. 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.
21. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
22. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
23. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I, of the Weld County Code and the
accepted Waste Handling Plan.
24. 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.
25. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
26. 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 two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent
residential properties and public rights-of-way.
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27. Any On-site Wastewater Treatment System (OWTS) 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.
28. All chemicals onsite must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
29. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition. All secondary containment will comply with the Colorado Oil and Gas
Conservation Commission (COGCC) Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
30. 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. As applicable, a
Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available.
31. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
32. The facility shall comply with the accepted Groundwater Monitoring Plan.
33. Analytical waste data and environmental monitoring data shall be made available to Weld
County Department of Public Health and Environment upon request. The Weld County
Department of Public Health and Environment reserves the right to require additional
monitoring.
34. 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.
35. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event the stormwater is not adequately controlled on the site,
upon written notification from the Weld County Department of Public Health and
Environment 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.
36. 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.
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37. The 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.
38. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
39. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State-issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
40. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
41. Lighting shall be maintained in accordance with the approved Lighting Plan
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 and Dark Sky
Policy. 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.
43. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
44. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
45. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
46. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
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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 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.
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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
51. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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