HomeMy WebLinkAbout20190690.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0087, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL
AND GAS SUPPORT AND SERVICE FACILITY (CLASS II OILFIELD WASTE
DISPOSAL FACILITY); INCLUDING AN 8,000 -SQUARE -FOOT PUMP BUILDING,
BRINE WATER TANK CONTAINMENT AREA, 300 -GALLON DIESEL TANK, 12 -INCH
PRODUCED WATER PIPELINE, AND TWO (2) CONSTRUCTION TRAILERS FOR USE
DURING CONSTRUCTION IN THE A (AGRICULTURAL) ZONE DISTRICT - GARY
AND NORMA SMITH, C/O EXPEDITION WATER SOLUTIONS COLORADO, 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 20th day of
February, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Gary and Norma Smith, P.O. Box 26, Herford, CO 80732, do Expedition
Water Solutions Colorado, LLC, 2015 Clubhouse Dr., Suite 201, Greeley, CO 80634, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0087, for a Mineral
Resource Development Facility, Oil and Gas Support and Service Facility (Class II Oilfield Waste
Disposal Facility); including an 8,000 -square -foot pump building, brine water tank containment
area, 300 -gallon diesel tank, 12 -inch produced water pipeline, and two (2) construction trailers for
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, RECX18-0175; being
part of the SE1/4, N1/2 SW1/4, S1/2 NE1/4 of
Section 2, Township 11 North, Range 63 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, 16493 Essex Road South, Platteville, Colorado 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 23-2-230.6 of the Weld County Code as follows:
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WATER SOLUTIONS COLORADO, LLC
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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.
1) 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.
2) 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 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 Stands that address traffic, dust, and noise.
3) 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 23-2-230.B.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 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures and crops. The closest residence is approximately one (1) mile
north of the site. There in one (1) USR within one (1) mile of this site.
SUP -432, for a dairy (172 cows), is located north of the site. The Weld
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SPECIAL REVIEW PERMIT (USR18-0087) - GARY AND NORMA SMITH, 0/O EXPEDITION
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County Department of Planning Services has not received any
correspondence objecting to this USR.
D. Section 23-2-230.6.4 -- 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.
E. Section 23-2-230.6.5 -- 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. A Special
Flood Hazard Area crosses the property, but outside of the Subdivision
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, County
Facility Fee and Drainage Impact Fee Programs.
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 proposed facility located on soils designated as "High Potential
Dry Cropland — 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.
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. 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Gary and Norma Smith, do Expedition Water Solutions,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0087, for
a Mineral Resource Development Facility, Oil and Gas Support and Service Facility (Class II
Oilfield Waste Disposal Facility); including an 8,000 -square -foot pump building, brine water tank
containment area, 300 -gallon diesel tank, 12 -inch produced water pipeline, and two (2)
construction trailers for 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:
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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.
B. The applicant shall submit a Decommissioning Plan.
C. The applicant shall submit a Lighting Plan that complies with
Section 23-2-250.D of the Weld County Code.
D. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0087.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
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.
5) If applicable, the map shall delineate the lighting.
6) County Road 132 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
7) County Road 71 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
8) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location prior to construction.
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9) The applicant shall show and label the approved tracking control on
the site plan.
10) 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.
11) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Storm water Detention, No -Build or Storage Area" and shall include
the calculated volume.
12) 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) or one (1) paper copy 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.
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.
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 mapsco.weld.co.us.
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5. 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.
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.
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.
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.
B. Accepted construction drawings and construction of the off -site roadway
improvements are required prior to operation.
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.
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SPECIAL REVIEW PERMIT (USR18-0087) - GARY AND NORMA SMITH, O/O EXPEDITION
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of February, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: kt
didtA e144•ti
Weld County Clerk too the Board
BY:
Deputy Cler to the Board
orney
Date of signature: 2-21-I9
arbara Kirkmeyef, Chair
1/71
Mike Freeman, Pro -Tern
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GARY AND NORMA SMITH
C/O EXPEDITION WATER SOLUTIONS COLORADO, LLC
USR18-0087
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0087, is for
Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II
Oilfield Waste Disposal Facility - Saltwater Injection Facility) including an 8,000 -square -
foot pump building, brine water tank containment area, 300 -gallon diesel tank, 12 -inch
produced water pipeline, and two (2) construction trailers for 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 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.
4. The number of employees will be limited to ten (10), according to the application materials.
5. Hours of operation are twenty-four (24) hours each day, seven (7) days per week,
according to the application materials.
6. The property owner shall maintain compliance with the Decommissioning Plan and the
Communication Plan.
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.
8. 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.
9. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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.
12. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
13. The Improvements Agreement for this site may be reviewed on an annual basis, including
possible updates.
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14. The historical flow patterns and runoff amounts on the site will be maintained.
15. Weld County is not responsible for the maintenance of onsite drainage related features.
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.
17. 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.
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, C.R.S. §30-20-100.5.
19. 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.
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.
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 of the
Colorado Department of Public Health and Environment, as applicable.
22. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For employees or contractors onsite 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.
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.
24. All potentially hazardous 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.
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
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DEVELOPMENT STANDARDS (USR18-0087) - GARY AND NORMA SMITH, C/O
EXPEDITION WATER SOLUTIONS COLORADO, LLC
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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.
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.
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.
28. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
29. The facility shall comply with the approved Groundwater Monitoring Plan.
30. Analytical waste data and environmental monitoring data shall be made available to the
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.
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.
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 Weld County Department of Public Health and
Environment (WCDPHE) or the Colorado Department of Health and Environment
(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.
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.
34. 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 the WCDPHE.
35. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
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DEVELOPMENT STANDARDS (USR18-0087) - GARY AND NORMA SMITH, C/O
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36. 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
37. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
38. 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.
39. 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, and 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.
40. 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.
41. 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.
42. 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.
43. 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
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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.
44. 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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