HomeMy WebLinkAbout20191762.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Angela Snyder Hearing Date: April 16, 2019
Case Number: USR19-0002
Applicant: English Feedlot 2 LLC do Expedition Water Solutions
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) in the A (Agricultural) Zone District.
(EWS #10)
Legal Lot B of RECX18-0167 being part of the SW4 Section 8, TIN, R65W of the 6th P.M.,
Description: Weld County, CO
Location: South of and adjacent to County Rd 10.5, east of and adjacent to County Rd 39
Size of Parcel: +1- 5.00 acres Parcel No. 1473-08-0-00-011
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:
Town of Lochbuie, referral dated January 21, 2019
▪ State of Colorado, Department of Health, referral dated January 30, 2019
▪ State of Colorado, Division of Water Resources, referral dated February 5, 2019
▪ Weld County Department of Public Health and Environment, referral dated February 11, 2019
▪ Weld County Department of Public Works, referral dated February 22, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Zoning Compliance, referral dated January 21, 2019
▪ City of Fort Lupton, referral response dated January 22, 2019
▪ Town of Hudson, referral response dated February 13, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
Y Colorado Department of Labor and Employment
Y Colorado Parks and Wildlife
Y Hudson Fire Protection District
Y Weld County School District RE -3J
Y Weld County Sheriff's Office
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Planner:
Case Number:
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Angela Snyder
USR19-0002
English Feedlot 2 LLC do Expedition Water Solutions
Hearing Date: April 16, 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) in the A (Agricultural) Zone District.
(EWS #10)
Lot B of RECX18-0167 being part of the SW4 of Section 8, Ti N, R65W of the 6th P.M.,
Weld County, CO
South of and adjacent to County Rd 10.5, east of and adjacent to County Rd 39
+/- 5.00 acres Parcel No. 1473-08-0-00-011
The proposed Class II salt -water injection well facility will be located on the Lot B of Recorded Exemption
RECX18-0167 which will need to be recorded prior to this USR. The facility will operate 24 -hours a day / 7 -
days a week. There will be an 80' x 100' steel building that will contain the office area and the injection
pumps. A concrete tank containment area will consist of thirty-five (35) steel or fiberglass tanks 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, so no more than twenty (20) passenger car round
trips and twenty (20) truck round trips are expected per day. The application materials state that there will
be ten (10) full-time employees over three (3) shifts and eight (8) parking stalls with one (1) ADA parking
stall. 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.
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.
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,
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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 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
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 be 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
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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.
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 "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 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. 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. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
E. The applicant shall submit a recorded copy of any agreement signed by all owners of the
property crossed by the access. The access shall be for ingress, egress, utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
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F. The applicant shall submit a Decommissioning Plan. (Department of Planning Services)
G. 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)
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 0 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)
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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. 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)
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)
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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
Agreement. (Department of Public Works)
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)
16. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
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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. (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)
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)
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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)
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)
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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
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
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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, 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.
USR19-0002
Page 11 of 11
March 18, 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 ROAD S
PLATTEVILLE, CO 80651
Subject: USR19-0002 - 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
On parcel(s) of land described as:
SW4 SECTION 8, T1 N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 16, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 15, 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.
Respectfully,
Angela Snyder
Planner
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
January 18, 2019
WERNSMAN ERIC
16493 ESSEX ROAD S
PLATTEVILLE, CO 80651
Subject: USR19-0002 - 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); including an 8,000 SF pump building, brinewater tank containment area, 300
gallon diesel tank, 12 -inch produced water pipeline, and two (2) construction trailers for use during
construction in the Agriculture Zone District
On parcel(s) of land described as:
SW4 SECTION 8, T1 N, R65W 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.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Fort Lupton at Phone Number 303-857-6694
Hudson at Phone Number 303-536-9311
Lochbuie at Phone Number 303-655-9308
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
r
Angela Snyder
Planner
FIELD CHECK
Inspection Date: 3/12/2019
Case Number: USR19-0002
Applicant: English Feedlot 2 LLC c/o Expedition Water Solutions Colorado, LLC
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) in the A (Agricultural)
Zone District.
Legal
Description:
Lot B of RECX18-0167 being part of the SW4 Section 8, TIN, R65W of the 6th
P.M., Weld County, CO
Location: South of and adjacent to County Rd 10.5, east of and adjacent to County Rd 39
Size
of Parcel:
+/- 5 acres
Parcel Number: 1473-08-0-00-011
Zoning
Land Use
N
A (Agricultural)
N
Ag, Rural Residential, Oil and Gas
E
A (Agricultural)
E
Ag, Oil and Gas
S
A {Agricultural}
S
Ag, Rural Residential, Feedlot,
Dairy, Oil & Gas
W
A (Agricultural)
W
Ag, Rural Residential, Oil and Gas
COMMENTS:
The site is currently vacant land just north of the existing feedlot with lots of oil and gas activity in
the area.
l t r i 4(C
Angela'Snyder, Plannth
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