HomeMy WebLinkAbout20191761.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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:
APPLICANT
PLANNER_
REQUEST
LEGAL DESCRIPTION
LOCATION:
USR19-0002
ENGLISH FEEDLOT 2. LLC, C/O EXPEDITION WATER SOLUTIONS
COLORADO, LLC
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND
GAS SUPPORT AND SERVICE FACILITY (CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LOT B OF RECX18-0167. BEING PART OF SW4 SECTION 8, T1 N, R65W OF THE
6TH P.M., WELD COUNTY. COLORADO.
SOUTH OF AND ADJACENT TO CR 10.5. EAST 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 22-4-140.A. - EP. Goal 1. states "Encourage the minimization of mineral resource
exploration and production waste and require the safe disposal of it:" and EP. Policy 1.1. states
"Due to the impacts from surface impoundments and increasing public concern about them. other
alternatives for disposal should be considered."
The proposal is for a Class II salt water injection well facility and associated facilities and will be
permitted through the Colorado Oil and Gas Conservation Commission (COGCC) prior to
operation.
Section 22-4-140.8. - 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."
This proposal is surrounded on four (4) sides by agricultural land and the proposed building will
contain the injection well which will mitigate the visual impacts. The scale of the building is
consistent with large agricultural buildings and there are Conditions of Approval and Development
Standards that address traffic, dust, and noise.
Section 22-6-20. C.1. - ECON.Policy 3.1. states "County activities and regulation should protect
the rights of private property owners and the public health, safety and welfare, recognizing that
these basic rights and protections allow the free market to prosper and grow the local economy."
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.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource
Development Facilities, Oil and Gas Support and Service including a Class II Oilfield Waste
RESOLUTION USR19-0002
ENGLISH FEEDLOT 2, LLC, C/O EXPEDITION WATER SOLUTIONS COLORADO, LLC
PAGE 2
Disposal Facility - Saltwater Injection Facility as a Use by Special Review in the A (Agricultural)
Zone District.
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 feedlots, pastures and crops. The closest residence is
approximately 0.3 miles southwest of the site. The parent parcel of the conditionally approved
recorded exemption contains SUP -68 for a feedlot that will need to be partially vacated from Lots
A and B of the recorded exemption (RECX18-0167). The feedlot may remain on Lots C and D.
Pending USR18-0102 for pelletizing operation, currently pending BOCC approval, is located on
Lot A of that recorded exemption. There are four (4) other USR permits within a mile of this
location for a dairy, a livestock confinement operation for 310,000 pullets, an auto repair shop and
a high-pressure natural gas line.
The Weld County Department of Planning Services has not received any correspondence
objecting to this USR.
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.
This site is located within three miles of the Towns of Hudson and Lochbuie and the City of Fort
Lupton and is located within the Fort Lupton CPA. Hudson and Fort Lupton both returned referral
responses stating no concerns. The Town of Lochbuie expressed a desire to ensure that their
aquifer would not be compromised in the waste injection process. Addressing the concerns has
been added as a Condition of Approval of this Use by Special Review permit. The Town of
Lochbuie respectfully requested the following information from the applicant:
• Please specify the geologic formations that the fluid will be injected into.
• Please provide a description of the proposed injection well construction. including
proposed grouting intervals, conductor pipe and protection casing intervals. We request
this information to confirm that the proposed construction will be protective of local
aquifer systems.
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 the Geologic Hazard Overlay District, Special Flood Hazard Area, or the
Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed
lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact
Fee Programs.
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 proposed facility located on soils designated as "Other Land" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. This USR will not take any "Prime (Irrigated)"
Farmland out of production.
G. Section 23-2-220.A.7 -- There is 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
RESOLUTION USR19-0002
ENGLISH FEEDLOT 2, LLC, C/O EXPEDITION WATER SOLUTIONS COLORADO, LLC
PAGE 3
the neighborhood and County.
The applicant will be required to demonstrate compliance with all Colorado Oil and Gas
Conservation Commission (COGCC) and Colorado Department of Public Health and Environment
(CDPHE) requirements and enter into a Weld County Improvements Agreement to address
required off -site improvements and haul and traffic routes to and from the facility, at a minimum.
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. The applicant shall address the concerns of the Town of Lochbuie as stated in the referral
response dated January 21, 2019. (Department of Planning Services)
B. There is a Use by Special Review Permit, SUP -68, for a feedlot in the A (Agricultural) Zone
District. This USR encompasses the subject property. A partial vacation or complete vacation
shall be done to remove this property from SUP -68.
C. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is
not limited to, dust control and damage repair to specified haul routes. (Department of Public
Works)
D.
E.
F.
G.
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)
The applicant shall submit a recorded copy of any agreement signed by all owners of tie property
crossed by tie access. Tie access s la be for ingress, egress, uti ities and s is be referenced
on t ie USR map by the Weld County Cler< and Recoreer's Reception number. (Department of
Public Works)
The applicant shall submit a Decommissioning Plan. (Department of Planning Services)
The applicant shall submit a Communication Plan. (Department of Planning Services)
H. The applicant shall submit a Lighting Plan that complies with Section 23-2-250.D of the Weld
County Code. (Department of Planning Services)
I. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0002. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5) If applicable, the map shall delineate the lighting. (Department of Planning Services)
RESOLUTION USR19-0002
ENGLISH FEEDLOT 2, LLC, CIO EXPEDITION WATER SOLUTIONS COLORADO. LLC
PAGE 4
6) County Road 10 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)
7) County Road 39 Section Line is shown to have 30 feet of unmaintained section line right-of-
way per the Weld County GIS right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. Show and label the section line Right -of -Way as "CR 39 Section
Line Right -Of -Way. not County maintained." All setbacks shall be measured from the edge of
right-of-way. (Department of Public Works)
8) Show and label the approved access locations on the site plan. The applicant must obtain an
access permit in the approved location(s) prior to construction. (Department of Public Works)
9) Show and label the approved tracking control on the site plan. (Department of Public Works)
10) 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)
11) Show and label a 30 -foot wide minimum access and utility easement to provide legal access
to the parcel on the site plan, if applicable. (Department of Public Works)
12) 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)
13) Show and label the drainage flow arrows. (Department of Public Works)
14) 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. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
RESOLUTION USR19-0002
ENGLISH FEEDLOT 2, LLC. 0/O EXPEDITION WATER SOLUTIONS COLORADO. LLC
PAGE 5
5 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)
6. Prior to the issuance of the Certificate of Occupancy:
A. 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)
B The facility 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)
7 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)
8 The Use by Special Review 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)
RESOLUTION USR19-0002
ENGLISH FEEDLOT 2, LLC, C/O EXPEDITION WATER SOLUTIONS COLORADO, LLC
PAGE 6
Motion seconded by Elijah Hatch
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
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 April 16, 2019.
Dated the 16"' of April 2019
4.50\thant
Kristine Ranslem
Secretary
RESOLUTION USR19-0002
ENGLISH FEEDLOT 2, LLC, CIO EXPEDITION WATER SOLUTIONS COLORADO, LLC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
English Feedlot 2 LLC do Expedition Water Solutions
USR19-0002
1. A Site Specific Development Plan and Special Review Permit for Mineral Resource Development
Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater
Injection Facility) 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 property owner or operator shall provide written evidence of an 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)
4. The number of employees shall be limited to ten (10), according to the application materials.
(Department of Planning Services)
5. Hours of operation are twenty-four (24) hours each day, seven (7) days per week, according to the
application materials. (Department of Planning Services)
6. The Property Owner shall maintain compliance with the Decommissioning Plan and the
Communication Plan. (Department of Planning Services)
7. 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)
8. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
9. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Department of Public Works)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. 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)
12. The Property Owner shall comply with all requirements provided in the executed Improvements
Maintenance Agreement. (Department of Public Works)
Road
13. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
14. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not
be the responsibility of Weld County. (Department of Public Works)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
RESOLUTION USR19-0002
ENGLISH FEEDLOT 2, LLC, C/O EXPEDITION WATER SOLUTIONS COLORADO, LLC
PAGE 8
16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
17. 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. (Department of Public Health and Environment)
18. 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. (Department of Public Health and Environment)
19. 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. (Department of Public Health and Environment)
20. 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. (Department of Public Health and Environment)
21. 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. (Department of Public Health and
Environment)
22. 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. (Department of Public Health and Environment)
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors 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. (Department of Public Health and Environment)
24. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
25. All potentially hazardous 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. (Department of Public Health and Environment)
26 Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
sufficiently impervious to contain any spilled or released material. Secondary containment devices
shall be inspected at regular intervals and maintained in good condition. All secondary containment
will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or the
provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of
Public Health and Environment)
27. A leak detection system shall be designed and installed beneath concrete unloading pad(s), piping,
and sump(s). The unloading pad shall be kept in good condition. (Department of Public Health and
Environment)
RESOLUTION USR19-0002
ENGLISH FEEDLOT 2, LLC, C/O EXPEDITION WATER SOLUTIONS COLORADO, LLC
PAGE 9
28. As applicable, a Spill Prevention. Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112. shall be available. (Department of Public Health and
Environment)
29. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
30. The facility shall comply with the accepted Groundwater Monitoring Plan. (Department of Public
Health and Environment)
31. 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. (Department of Public Health and
Environment)
32. 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. (Department of Public Health and Environment)
33. 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 WCDPHE or CDPHE, a comprehensive site -wide Stormwater Plan shall be developed and
implemented. The plan must be approved, in writing by the WCDPHE or CDPHE. prior to
implementation. (Department of Public Health and Environment)
34. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
35. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
set forth in Section 25-12-103, C.R.S. (Department of Public Health and Environment)
36. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the facility will remove
all wastes from the site and decontaminate all equipment, tanks, and secondary containment. All
wastes removed from the site during closure activities will be disposed of 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 WCDPHE. (Department of Public Health and Environment)
37. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
38. 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. (Department of Public Health and Environment)
39. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
40. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. 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)
RESOLUTION USR19-0002
ENGLISH FEEDLOT 2, LLC, 0/O EXPEDITION WATER SOLUTIONS COLORADO, LLC
PAGE 10
41. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2018 International Codes; 2006 International Energy
Code; 2017 National Electrical Code; A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a registered
State of Colorado engineer shall be required or an open hole inspection. (Department of Building
Inspection)
42. 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.
43. 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.
44. 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.
45. 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.
46. 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
RESOLUTION USR19-0002
ENGLISH FEEDLOT 2, LLC, CIO EXPEDITION WATER SOLUTIONS COLORADO, LLC
PAGE 11
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, but also for the protection of the farmer's livelihood.
PL Minutes
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 16, 2019
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: Bruce Johnson, Bruce Sparrow, Elijah Hatch. Gene Stille, Lonnie Ford, Michael Wailes, Richard
Beck, Skip Holland, Tom Cope.
Also Present: Kim Ogle, Michael Hall, Angela Snyder, and Maxwell Nader, Department of Planning
Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham. Hayley Balzano and Mike
McRoberts, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR 19-0002
ENGLISH FEEDLOT 2. LLC. C/O EXPEDITION WATER SOLUTIONS
COLORADO, LLC
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND
GAS SUPPORT AND SERVICE FACILITY (CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LOT B OF RECX18-0167, BEING PART OF SW4 SECTION 8, T1N. R65W OF
THE 6TH P M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 10.5; EAST OF AND ADJACENT TO CR 39.
Angela Snyder. Planning Services, presented Case USR19-0002, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. Mr. McRoberts noted that he has some requested amendments to the draft resolution.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Mr. Frissell requested amending Development Standard 23 by
adding the following sentence "Portable toilets shall be screened from existing adjacent residential
properties".
Eric Wernsman, Wernsman Engineering and Land Development, 16493 Essex Road South, Platteville,
Colorado, stated that Expedition Water Solutions is proposing a salt water disposal facility. This location is
adjacent to dryland pasture on the north, agricultural property on the east, and a cattle feedlot along the
southern boundary. The nearest residence is approximately 1300 feet from the proposed injection well site.
All of the facility's large pumps will be inside the building to assist with noise reduction. Mr. Wernsman
noted that Expedition Water Solution's other facilities have been tested outside of the building and have
noise levels less than 50 decibels at 50 feet away from the building.
Commissioner Holland asked how they determine where to locate this well. Jim Goddard, 2015 Clubhouse
Drive, Greeley, Colorado, stated that they have a third -party geologist that depicts the areas in Weld County
where the geology would be good for the DJ Basin injection zone.
Commissioner Holland asked if there will only be one (1) well or multiple wells at this location. Mr. Goddard
replied that there will only be one (1) well at this location.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked Staff for the requested changes to the draft resolution.
1
Mr. Frissell requested amending Development Standard 23 by adding the following sentence "Portable
toilets shall be screened from existing adjacent residential properties".
Motion: Amend Development Standard 23, as requested by Staff, Moved by Gene Stille, Seconded by
Michael Wailes. Motion carried unanimously.
Mr. McRoberts requested amending Condition of Approval 1.1.7 to reflect that County Road 39 Section Line
is shown to have 30 feet of unmaintained section line right-of-way. Additionally, Mr. McRoberts requested
removing "s" from "locations" in Condition of Approval 1.1.8.
Motion: Amend Condition of Approval 1.1.7 and 1.1.8, as requested by Staff, Moved by Tom Cope,
Seconded by Elijah Hatch. Motion carried unanimously.
Mr. McRoberts requested amending Development Standard 12 by replacing "Improvements" with "Road
Maintenance".
Mr. Wernsman referred to the 30 feet of unmaintained right-of-way on County Road 39 Section Line and
asked if they would not need to provide a 30 -foot access easement. Mr. Wernsman referred to Condition
of Approval 1.E which requests a 30 -foot access easement and added that it would be unnecessary if the
road right-of-way was 30 feet. Mr. McRoberts said that Condition of Approval 1.E may be removed as well.
Motion: Amend Development Standard 12, as requested by Staff, Moved by Gene Stille, Seconded by
Tom Cope. Motion carried unanimously.
Motion: Delete Condition of Approval 1.E, as requested by Staff, Moved by Gene Stille, Seconded by
Tom Cope. Motion carried unanimously.
Mr. McRoberts requested deleting Development Standard 13 as it is duplicate to Development Standard 8.
Motion: Delete Development Standard 13, as requested by Staff, Moved by Tom Cope, Seconded by
Bruce Johnson. Motion carried unanimously.
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 USR19-0002 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Johnson, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
Meeting adjourned at 2:56 pm.
Respectfully submitted,
`6Chant- T
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
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