HomeMy WebLinkAbout20183681.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION (A51gip -00(09
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR18-0069
APPLICANT: ANADARKO E&P ONSHORE, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS
SUPPORT AND SERVICE DISPOSAL AND RECYCLING SITES FOR
PRODUCTION WASTE (CENTRALIZED E&P WASTE MANAGEMENT FACILITY)
IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-2263, PART SE4 SECTION 9, T2N, R66WOF THE 6TH
P.M. , WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 22 AND WEST OF AND ADJACENT TO CR
31 .
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 . -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-4- 140.A. - EP. Goal 1.states "Encourage the minimization of mineral resource
exploration and production waste and require the safe disposal of it;" and EP.Policy 1. 1.states "Due
to the impacts from surface impoundments and increasing public concern about them, other
alternatives for disposal should be considered. "
This facility has been in operation since it was approved as a pilot program by the Department of
Planning Services on November 24, 2015. The USR is a request to make the pilot program a
permanent facility. Anadarko recycles and reconditions mud/fluids from completions, midstream,
and production. The recycled mud and fluids will be re-used in oil and gas operations including:
workover/intervention operations, completions, and new drilling operations. Additionally, the
facility can be used for the production of fresh mud for workover drilling and new drilling activities.
All fluids are stored within enclosed tanks. All recycled muds and fluids produced at the facility will
be transported back to the location where they were originally produced via truck. This use
provides an alternative use of the muds/fluids generated from oil and gas drilling operations.
Section 22-4- 140. 8. - EP. Goal 2. States "Mineral resource exploration and production waste
facilities should be planned, located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use, scale, height, traffic, dust, noise and
visual pollution. "
This operation has been in operation for 3 years and is centered on the northern portion of the
approximately 100-acre site. The parcels to the north and west are owned by oil and gas
companies. The parcels to the east and south are generally rural residential and the County has
not received any complaints from the surrounding property owners since the operation
commenced.
Section 22-2-20.H - A. Goal 8. states, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for more
intensive development. "
The applicant has requested a waiver from the requirement to install a septic system. The
RESOLUTION USR18-0069
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PAGE 2
applicant is proposing bottled water and a portable toilet to be provided for employees,which is
not acceptable according to the Department of Public Health and Environment policy. The
Department of Public Health and Environment in their referral agency comments dated August 9,
2018, is requesting an on-site waste water system (septic system) and a permanent, adequate
water supply for drinking and sanitary purposes water.
Section 22-2-20.H.4 - A.Policy 8.4. states, "The land use applicants should demonstrate that
drainage providing stormwater management for the proposed land use change is adequate for the
type and style of development and meets the requirements of county, state and federal rules and
regulations."
The Department of Public Works in their referral agency comments dated August 17, 2018, is
requiring a final drainage report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado.
Section 22-2-20.H.3 -A.Palicy 8.3. state, "The land use applicants should demonstrate that the
roadway facilities associated with the proposed development are adequate in width,classification
and structural capacity to serve the proposed land use change."
The Department of Public Works in their referral agency comments date August 17,2018,did not
indicate any concerns with the roadway facilities. The City of Fort Lupton is requesting 110 feet of
right-of-way on CR 31 and CR 22. The County is requiring 140 feet of right-of-way on CR 22 and
60 feet of right-of-way on CR 31. The City of Fort Lupton's transportation plan does not extend
north of CR 22, so staff did not add a Condition of Approval requesting additional right-of-way.
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. Site Specific Development Plan and Use by Special Review
Permit for Mineral Resource Development Facilities Including Oil and Gas Support and Service
Disposal and Recycling Sites for Production Waste (Centralized E&P Waste Management
Facility) in the A (Agricultural) Zone District.
Section 22-2-10.B. states, "The intent of the agricultural Goals is to support all forms of the
agricultural industry and, at the same time, to protect the rights of the private property owners to
convert their agricultural lands to other appropriate land uses. The County recognizes the
importance of maintaining large contiguous parcels of productive agricultural lands in
nonurbanizing areas of the County to support the economies of scale required for large
agricultural operations."
This site supports the oil and gas community in the County and the Development Standards and
the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
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 rural residences. There are two adjacent
parcels that have residences within 200 feet of the subject site.
There are eight(8) Use by Special Review Permits issued within one mile of the site. USR-1317
for parking and repairing vehicles and USR-1758 for an oil and gas support facility are located
south of the site. MUSR14-0013 for a propane storage and service yard, USR13-0027 for a
utility,excavation and storage facility, and MUSR11-0002 for truck parking and maintenance are
located east of the site. USR16-0044 for an office trailer for field personnel, MUSR14-0022 for a
non-1041 major facility of a public utility 24-inch natural gas pipeline, and USR-563 fora natural
gas compressor station are located north of the site.
The Weld County Department of Planning Services sent notice to sixteen (16) Surrounding
Property Owners. Planning staff received one phone call from a Surrounding Property Owner
RESOLUTION USR18-0069
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asking that the operation be screened from CR 22. Staff is recommending screening as a
Condition of Approval.
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 located within the three (3) mile referral area of the City of Fort Lupton and the Town of
Platteville. The Town of Platteville did not return referral agency comments. The City of Fort
Lupton responded with referral agency comments dated July 24, 2018, stating that they are
requesting a total of 110 feet of right-of-way on both CR 31 and CR 22 and wish to annex the site.
The site is also located within the Intergovernmental Agreement Area (IGA) of the City of Fort
Lupton and the Town of Platteville. An email dated October 11, 2018,was received from the City
of Fort Lupton that stated that the City is in conversation with the applicant to annex the site into
the City of Fort Lupton. The email also stated that the applicant wishes to continue the USR
process through the County. An email dated October 24, 2018, was received from the Town of
Platteville that stated that the Town does not wish to annex.
E. Section 23-2-220.A.5--The application complies with Chapter 23,Articles V and XI, of the Weld
County Code.
The site is not located in a floodplain,the Geologic Hazard Overlay District, or in the A-P(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 is 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. The proposed 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.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall submit a building permit for the mobile home office. (Department of Planning
Services)
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B. The applicant shall submit a screening plan that screens the site from public right-of-way.
(Department of Planning Services)
C. The applicant shall submit a Lighting Plan. (Department of Planning Services)
D. 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)
E. 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)
F. 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)
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0069 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
5) The map shall delineate the lighting which shall adhere to the Weld County Code.
(Department of Planning Services)
6) All signs shall be shown on the map and shall adhere to Chapter 23,Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
7) The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
8) County Road 31 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 on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
9) County Road 22 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way. This road is maintained by
Weld County. (Department of Public Works)
10) Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction. (Department of Public Works)
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11) Show and label the approved tracking control on the site plan. (Department of Public Works)
12) 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)
13) 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)
14) The applicant shall show the drainage flow arrows. (Department of Public Works)
15) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)electronic copy
(.pdf)of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval.The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120)days from the date of
the Board of County Commissioners Resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile(.shp, .shx, .dbf, .prj)with a
defined coordinate system(i.e., NAD 1983 UTM Zone 13N,WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. 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)
6. Prior to Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public
Health and Environment)
B. Documentation showing the facility has a permanent, adequate water supply for drinking and
sanitary purposes. (Department of Public Health and Environment)
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C. Documentation showing the facility has an approved Design and Operations plan approved by the
COGCC. (Department of Public Health and Environment)
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)
Motion seconded by Tom Cope.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 6, 2018.
Dated the 6th of November, 2018
Kristine Ranslem
Secretary
RESOLUTION USR18-0069
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR18-0069
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0069, for Mineral
Resource Development Facilities Including Oil and Gas Support and Service Disposal and Recycling
Sites for Production Waste(Centralized E&P Waste Management 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 number of employees will be three (3) per shift, as stated by the applicant. (Department of
Planning Services)
4. Hours of operation are twenty-four (24) hours each day, seven (7) days per week, as stated by the
applicant. (Department of Planning Services)
5. The screening/landscaping on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23,Article IV, Division 2 and Appendices 23-C,23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The property owner shall control noxious weeds on the site. (Department of Public Works)
8. 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)
9. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
10. 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)
11. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
12. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
13. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
14. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5,C.R.5.)shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
16. 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)
RESOLUTION USR18-0069
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PAGE 8
17. The facility shall comply with the Colorado Oil and Gas Conservation Commission (COGCC)
regulations pertaining to Centralized E&P Waste Management Facilities.Only E&P wastes,generated
by the operator, are allowed to be recycled at the facility. (Department of Public Health and
Environment)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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)
26. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
27. 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)
28. The facility shall comply with their Standard Operating Procedures for truck unloading and spill
containment during unloading/loading. A liner shall be placed under connection points to minimize
leaks and releases. (Department of Public Health and Environment)
29. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
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30. 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)
31. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
32. 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)
33. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
34. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code.A Building Permit Application must be completed and two
(2) 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 Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
35. 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.
36. 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.
37. 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.
38. 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.
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39. 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 stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic,sandburs, puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
�C Mwiut4e EXHIBIT
r D
Il/ 67 ' ?olS SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING g
U5RI %—ooC09
Tuesday, November 6, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes. at 12: 30 pm.
Roll Call .
Present: Bruce Johnson, Bruce Sparrow, Elijah Hatch , Gene Stille, Lonnie Ford, Michael Wailes, Richard
Beck, Tom Cope.
Absent/Excused : Skip Holland
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning Services;
Jose Gonzalez, Department of Building; Lauren Light and Ben Frissell, Department of Health; Evan
Pinkham and Hayley Balzano, Department of Public Works; Frank Haug and Bob Choate, County Attorney.
and Kris Ranslem. Secretary.
CASE NUMBER: USR18-0069
APPLICANT: ANADARKO E&P ONSHORE, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS
SUPPORT AND SERVICE DISPOSAL AND RECYCLING SITES FOR
PRODUCTION WASTE (CENTRALIZED E&P WASTE MANAGEMENT
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION : LOT B REC EXEMPT RE-2263, PART SE4 SECTION 9, T2N, R66W OF THE
6TH P. M . , WELD COUNTY. COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 22 AND WEST OF AND ADJACENT TO CR
31 .
Diana Aungst. Planning Services, presented Case USR18-0069, reading the recommendation and
comments into the record . Ms. Aungst noted that one (1 ) phone call was received from a surrounding
property owner who requested that the operation be screened from County Road 22. She added that Staff
is recommending screening as a condition of approval. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Hayley Balzano. Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Ben Frissell, Environmental Health , reviewed the public water and sanitary sewer requirements, on-site
dust control , and the Waste Handling Plan . Mr. Frissell noted that the applicant is proposing to use portable
toilets and bottled water; however, this does not meet Environmental Health's Policy. Therefore, the
applicant has requested a waiver from Environmental Health's Policy.
The Chair asked Staff if they had any arguments for or against this waiver. Mr. Frissell said that
Environmental Health is following Policy and since it does not meet that, Staff cannot support anything that
would be in violation to their Policy.
Commissioner Stille asked how temporary the structure is. Ms. Aungst said that the temporary building is
proposed to be there permanently, as long as the facility is operating at that location .
Sam Sammet, Anadarko Petroleum. 1099 18' Street, Denver, Colorado, stated that this facility will recycle
and recondition used mud for reuse in workover, completions, and drilling operations. The recycled fluid
will be transported to the location via truck and can be used for the following applications: spacing fluid
between cemented intervals below surface casing , kill fluid below surface casing , and drilling fluids below
surface casing and completion fluids.
Mr. Sammet stated that in 2015 Anadarko had executed an agreement with Weld County to permit the pilot
phase of this project where they were testing the feasibility of this project and they determined that it is a
1
viable project. The benefits of this project are that it reduces the trips to waste management facilities by
approximately 50 percent. It also reduces fluid volumes disposed of in landfills and it recycles 1500 to 200
barrels of water per day.
Commissioner Hatch understands that the facility is mobile and there is intent to move the facility, if
necessary and it does make sense for the water and sanitation needs as to why you are asking for them to
not be permanent. He asked what happens to the land if the facility is moved or how it will be reclaimed.
Mr. Sammet said that they would reclaim the land back to how they found it.
Commissioner Cope asked if the tanks located on site are on a concrete pad with secondary containment.
Mr. Sammet stated that there is secondary containment. Taylor Rolly, 501 North Division Boulevard,
Platteville, Colorado. stated that there is no concrete pad under the containment: however, there is a thick
liner with road base compiled on top of it and a construction berm around it.
Commissioner Stille asked what is temporary and what is mobile on site. Mr. Sammet said that the entire
facility can be mobile to reduce truck trips to landfills. Mr. Aungst said that the USR is for a permanent
facility and if they would start this facility in another location it would need another USR permit.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they wish to have them address the waiver or if they prefer to request that
at the Board of County Commissioner hearing. Mr. Sammet said that they will make that request at the
Board of County Commissioner hearing .
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case USR18-0069 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Elijah Hatch, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary : Yes = 8).
Yes: Bruce Johnson , Bruce Sparrow, Elijah Hatch , Gene Stille, Lonnie Ford , Michael Wailes, Richard Beck,
Tom Cope.
Absent: Skip Holland .
Commissioner Stille disagreed with the waiver because he believes it is a permanent structure and should
follow the Environmental Health Policy.
Commissioner Johnson stated that he understands in Staff's recommendation they are requiring permanent
facilities and he agrees that it should be permanent.
Meeting adjourned at 8: 05 pm.
Respectfully submitted,
Yaadid�nL
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
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