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Home My WebLink About20191253.tiffLAND USE APPLICATION SUMMARY SHEET Planner: Tom Parko Hearing Date: March 19, 2019 Case Number: USR18-0119 Applicant: Expedition Water Solutions, do Michael and Mary Krier Representative: Eric Wernsman P.E. Wernsman Engineering and Land Use Development 16493 Essex Rd S., Platteville CO 80651 Request: 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 and associated infrastructure (pumphouse, office, tank farm, offloading area and associated pipelines) in the A (Agricultural) Zone District. Legal Lot A of RECX19-0010 being part of the SE4 Section 25, T09N, R61 W of the 6th P.M., Description: Weld County, CO Location: North of and adjacent to CR 100 and West of and adjacent to CR 97. Size of Parcel: +1- 20 acres Parcel No. 0465-25-0-00-003 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS 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: y Weld County Department of Public Health and Environment, referral dated December 3, 2018 y Weld County Department of Public Works, referral dated December 12, 2018 The Department of Planning Services' staff has received referral responses without comments from the following agencies: y Weld County Zoning Compliance, referral dated November 15, 2018 The Department of Planning Services' staff has not received responses from the following agencies: "t/ "t/ "t/ "t/ "t/ "t/ Colorado Parks and Wildlife Pawnee Fire Protection District Weld County School District RE -12 Colorado Oil and Gas Conservation Commission Weld County Sheriff's Office Weld County Office of Emergency Management USR18-0119 Page 1 of 11 Planner: Case Number: Applicant: Representative: Request: Legal SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Tom Parko USR18-0119 Expedition Water Solutions, do Michael and Mary Krier Hearing Date: March 19, 2019 Eric Wernsman P.E. Wernsman Engineering and Land Use Development 16493 Essex Rd S., Platteville CO 80651 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 and associated infrastructure (pumphouse, office, tank farm, offloading area and associated pipelines) in the A (Agricultural) Zone District. Lot A of RECX19-0010 being part of the SE4 Section 25, T09N, R61 W of the 6th P.M., Description: Weld County, CO Location: Size of Parcel: +/- 20 acres Parcel No. 0465-25-0-00-003 Case Summary: The proposed Class II salt -water injection well facility will be located on the Lot A of Recorded Exemption RECX19-0010. The facility will operate 24 -hours a day / 7 -days a week. The site will have an 80' x 100' steel building that will contain the office area and the injection pumps. There will be a concrete tank containment area that will have up to thirty-five (35) steel and/or fiberglass tanks that will be used for salt water processing. There will be a concrete truck unload pad that will also provide containment. A pipeline will be constructed to deliver water to the site and there will be very little truck traffic to the facility. The USR map shows the initial construction to consist of two (2) spaces for trucks to unload water. The USR map shows expansion for up to six (6) spaces that could be utilized in the future. The application materials state that there will be ten (10) full-time employees over three (3) shifts and seven (7) parking stalls with one (1) ADA parking stall. It is expected that there will be less than twenty (20) trucks and up to twenty (20) passenger cars per day generated by this USR. No screening or landscaping is proposed per the application materials and due to the location of the site staff is not recommending any screening or landscaping. Sterling Energy operates a gas plant (USR13-0018) directly west of the site. Cureton Front Range also operates a compressor site 1/2 mile to the East under USR19-0004. 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: 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. USR18-0119 Page 2 of 11 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.B. - 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 three (3) sides by agricultural land. Sterling Energy operates a gas plant directly west of the plant under USR13-0018. 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 Stands 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 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 pastures, crops and existing oil and gas operations. The closest residence is approximately 1.2 miles northeast of the site on CR 97. The nearest USR is located directly to the west for a mineral resource development facility (USR13-0018). There were four (4) surrounding property owners that were notified within 500 feet of the site. 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. The site is not located within three (3) miles of any municipalities. No CPA's, IGA's, UGB's or RUA's are within the area. 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 or the Airport Overlay District or MS4. A Special Flood Hazard Area crosses the property, but outside of the Recorded USR18-0119 Page 3of11 Exemption lot boundary. 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. 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 proposed facility located on soils designated as "Prime if they become irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This USR will not take any "Prime (Irrigated)" Farmland out of production. The Weld County Assessor reports show that the property has been historically used for dry farming and grazing. There are also portions of the property designed as waste lands in the Assessor reports. 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 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. 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) B. 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) C. The applicant shall submit a Decommissioning Plan. (Department of Planning Services) D. The applicant shall submit a Communication Plan. (Department of Planning Services) E. The applicant shall show lighting on the map that complies with Section 23-2-250.D of the Weld County Code. (Department of Planning Services) F. The USR map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0119. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) USR18-0119 Page 4 of 11 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) 6) County Road 100 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) collector road, which requires 80 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, Chapter 23, Article III, Section 23-3-50, 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) 7) County Road 95 is a section line road. Section line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply public right-of-way and the road may be located on private property. All right-of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the existing right-of-way and physical location of existing or proposed roads. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware the physical roadway(s) may not be centered in the right-of-way. This road is NOT maintained by Weld County. (Department of Public Works) 8) County Road 97 is a section line road. Section line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply public right-of-way and the road may be located on private property. All right-of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the existing right-of-way and physical location of existing or proposed roads. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware the physical roadway(s) may not be centered in the right-of-way. This road is NOT maintained by Weld County. (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) The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) USR18-0119 Page 5of11 12) 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 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. This site requires a tracking control device and a minimum of 300 feet of recycled asphalt or road base. (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) 5. 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) 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 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) USR18-0119 Page 6 of 11 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Expedition Water Solutions, do Michael & Mary Krier USR18-0119 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 and associated infrastructure (pumphouse, office, tank farm, offloading area and associated pipelines) in the A (Agricultural) Zone District. 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 will be 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 approved 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 property owner shall control noxious weeds on the site. (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 Agreement. (Department of Public Works) 13. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible updates. (Department of Public Works) 14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 15. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 16. 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) USR18-0119 Page 7of11 17. 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) 18. 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) 19. 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) 20. 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) 21. 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) 22. 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. (Department of Public Health and Environment) 23. 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) 24. 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) 25. 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) 26. 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) 27. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and Environment) 28. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 29. The facility shall comply with the accepted Groundwater Monitoring Plan. (Department of Public Health and Environment) USR18-0119 Page 8 of 11 30. 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) 31. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. All spills will be reported to local, state and federal agencies in accordance with all state and federal regulations. (Department of Public Health and Environment) 32. 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) 33. 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) 34. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as set forth in Section 25-12-103, C.R.S. (Department of Public Health and Environment) 35. 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) 36. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 37. 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) 38. 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) 39. 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) 40. 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) 41. 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. USR18-0119 Page 9 of 11 42. 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. 43. 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. 44. 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. 45. 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 USR18-0119 Page 10 of 11 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, sand burs, 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. USR18-0119 Page 11 of 11 February 11, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 Wernsman Eric 16493 Essex Rd South Platteville, CO 80651 Subject: USR18-0119 - A Site Specific Development Plan and Use by 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 On parcel(s) of land described as: Lot A RECX19-0010, being Part of the SE4 of SECTION 25, T9N, R61W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 19, 2019, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on April 3, 2019 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 www.weldcountyplanningcases.org If you have any questions concerning this matter, please call. Res Ni(k) Tom Parko Planner November 14, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: daungst@co.weld.co.us PHONE: (970) 400-3524 FAX: (970) 304-6498 WERNSMAN ERIC 16493 ESSEX RD SOUTH PLATTEVILLE, CO 80651 Subject: USR18-0119 - A Site Specific Development Plan and Use by 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 On parcel(s) of land described as: LotA RECX18-0136, PART OF SECTION 25, T9N, R61W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. If you have any questions concerning this matter, please call. Respectfully, Diana Aungst Planner Signature FIELD CHECK Inspection Date: 3/6/2019 Applicant: Expedition Water Solutions Case #: USR18-0119 Request: 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 and associated infrastructure (pumphouse, office, tank farm, offloading area and associated pipelines) in the A (Agricultural) Zone District. Legal: Lot A of RECX19-0010 being part of the SE4 Section 25, T09N, R61 W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 100 and West of and adjacent to CR 97. Parcel ID #: 0465-25-0-00-003 Acres: 20 +/- Zoning I Land Use N Agriculture N Rural / Dry Pasture / Ag E Agriculture E Rural / Dry Pasture / Ag S Agriculture S Rural / Dry Pasture / Ag W Agriculture W Rural / Dry Pasture / Ag Comments: Property is well maintained. The proposed injection well is located north of and adjacent to Count Road 100 and west of and adjacent to CR 97. The nearest residence is over one mile away and located off county road 100. This proposal is surrounded on three (3) sides by agricultural land. Sterling energy operates a gas plant directly west of the plant under usr13-0018. Hello