HomeMy WebLinkAbout20162109.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Terry Cross. that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR14-0080
R 14-0080
WASTE MANAGEMENT OF COLORADO INC.
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (SOLIDS
TREATMENT AND BENEFICIAL REUSE OF COMMERCIAL EXPLORATION AND
PRODUCTION WASTE AND OTHER APPROPRIATE NON -HAZARDOUS WASTE
STREAMS INCLUDING CEMENTS AND OTHER NON -HAZARDOUS SOLID
WASTE WITH FREE WATER OR LIQUIDS. OIL WATER SLURRIES. HIGH OIL
CONTENT SLURRIES, PRODUCED WATER/FLOWBACK FROM EXPLORATION
AND PRODUCTION WELLS, AND DRILLING FLUIDS (MUDS) ALONG WITH AN
OIL AND GAS SUPPORT FACILITY (CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY) AND OBTAIN A CERTIFICATE
OF DESIGNATION IN THE A (AGRICULTURAL) ZONE DISTRICT.
A PORTION OF SECTIONS 26 AND 35, T3 N. R64W AND A PORTION OF
SECTIONS 2 AND 11. T2N, R64W OF THE 6TH P.M., WELD COUNTY.
COLORADO.
1.5 MILES NORTH OF CR 20 AND WEST OF AND ADJACENT TO CR 59
SECTION LINE.
be recommended favorably to the Board of County Commissioners for the following reasons.
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220 A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-4-140 A. EP. Goal 1 states -Encourage the minimization of mineral resource
exploration and production waste and require the safe disposal of it:" and EP. Policy 1 1.states
-Due to the impacts from surface impoundments and increasing public concern about them,
other alternatives for disposal should be considered."
The proposed facility provides for reuse of exploration and production waste along with Class
II Brinewater disposal.
Section 22-4-140.B of the Weld County Code states EP Goal 2. 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.
The proposed facility is located adjacent to an existing landfill (Buffalo Ridge) and located
over 1 mile from existing residences.
Section 22-4-140 B EP Policy 2.1. of the Weld County Code states. In reviewing the
operational and reclamation plans for solid and brine waste disposal facilities, the County
should impose such conditions as necessary to minimize or eliminate the potential adverse
impact of the operation on surrounding properties and wildlife resources.
Development standards regulating noise and regulating the disposal of waste are included.
Colorado Parks and Wildlife stated no concerns with this application in their referral response
dated March 25. 2016.
RESOLUTION USR14-0080
WASTE MANAGEMENT OF COLORADO INC.
PAGE 2
Section 22-4-140 EP_ Policy 2.2. of the Weld County Code states. All applicable land use
applications will be reviewed by the Department of Public Health and Environment for
compatibility with federal. state and County statutes, regulations and ordinances.
The application has been reviewed and conditionally approved by both the Colorado
Department of Public Health and Environment and Weld County Environmental Health.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Solid Waste Disposal Sites and Facilities are a listed as a Use by Special
Review per Section 23-3-40.1 of the Weld County Code.
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed use is located in a rural area adjacent to the Buffalo Ridge Landfill facility
approved under USR-966. The nearest single-family residences are located approximately
two miles south of the proposed waste disposal facility.
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 Town of Keenesburg. The
Town of Keenesburg in their referral comments, dated April 5. 2016 indicated that they have
no objection but request that they be named as a party to the road maintenance agreement in
the event County Road 59 and/or County Road 18 are annexed.
Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl. of the
Weld County Code.
The site is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 1099 acres delineated as Other" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
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.
RESOLUTION USR14-0080
WASTE MANAGEMENT OF COLORADO INC.
PAGE 3
The Planning Commission recommendation for approval is conditional upon the following.
1. Prior to recording the map.
A. An Improvements and Road Maintenance Agreement is required for offsite improvements at
this location. Road maintenance including dust control, damage repair, specified haul routes
and future traffic triggers for improvements will be included. (Department of Planning Services)
The map shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR14-0080. (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 applicant shall delineate on the map 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. County Road 59 Section Line is shown to have 60 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. All setbacks shall be measured from the edge of
right-of-way. (Department of Public Works)
6. Show and label the section line Right -of -Way as -CR 59 Section Line Right of Way. not
County maintained" (Department of Public Works)
7 Show and label the approved access(es) (AP15-00519), and the appropriate turning radii
on the site plan. (Department of Public Works)
8. Show and label the approved tracking control on the site plan. (Department of Public
Works)
9. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as Water Quality
Feature, No -Build or Storage Area" and shall include the calculated volume. (Department
of Planning Services -Engineer)
10 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property (Department of Planning Services -Engineer)
11. The map shall delineate the lighting (Department of Planning Services)
12. 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)
13 The map shall delineate the parking area for the vendorscustomers and/or employees.
(Department of Planning Services)
14 Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services —
Engineer)
RESOLUTION USR14-0080
WASTE MANAGEMENT OF COLORADO INC.
PAGE 4
2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) paper copy or
one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat 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 plat
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 CAD formats are .dwg, .dxf. and .dgn (Microstation): acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed. a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Department of Planning Services - Engineer)
B. A left deceleration lane on CR 18 turning onto Market Street is required prior to operation.
(Department of Public Works)
C. 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)
7. Prior to the issuance of the Certificate of Occupancy:
A. An on -site waste -water treatment system is required for the proposed facility and shall be
installed according to the Weld County On -site Waste -water Treatment System (O.W.T S_)
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. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection
Well permit from the Environmental Protection Agency (EPA) for any large -capacity septic system
(a septic system with the capacity to serve 20 or more persons per day) Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (Department of Public Health and Environment)
RESOLUTION USR14-0080
WASTE MANAGEMENT OF COLORADO INC.
PAGE 5
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 plat 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 Bruce Johnson
VOTE:
For Passage
Benjamin Hansford
Bruce Johnson
Jordan Jemiola
Joyce Smock
Nick Berryman
Terry Cross
Against Passage Absent
Bruce Sparrow
Michael Wailes
Gene Stifle
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 June 21. 2016.
Dated the 21st of June, 2016
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Waste Management of Colorado
USR14-0080
A Site Specific Development Plan and Use by Special Review Permit, USR14-0080. for a Solid Waste
Disposal Site and Facility (Solids Treatment and Beneficial Reuse of Commercial Exploration and
Production Waste and other appropriate non -hazardous waste streams including cements and other non-
hazardous solid waste with free water or liquids, oil water slurries, high oil content slurries. produced
water/flowback from exploration and production wells. and drilling fluids (muds) 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 hours of operation are 24 -hours a day, 365 days a year, as stated in the application. (Department of
Planning Services)
4. The parking area on the site shall be maintained_ (Department of Planning Services)
5. 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)
6. The property owner or operator shall provide written evidence of an approved 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)
7. The facility shall operate in accordance with the approved Engineering Design and Operations Plan
(EDOP). Modifications to the Engineering Design and Operations Plan may be required due to deviations
from the approved use at the facility and/or regulatory changes. If such changes occur. approval of the
modification will be required from the Hazardous Materials and Waste Management Division of the
Colorado Department of Public Health and Environment. (Department of Public Health and Environment)
8. Operations will not extend past Certificate of Designation boundaries of the property. (Department of
Public Health and Environment)
9. The facility shall adhere to the conditions incorporated into the Certificate of Designation. (Department of
Public Health and Environment)
10. The facility shall submit evidence to the Weld County Department of Public Health and Environment
(CDPHE). prior to the acceptance of waste, that financial assurance has been obtained in accordance
with CDPHE regulations pertaining to solid waste sites and facilities. (Department of Public Health and
Environment)
11. 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)
12. The facility shall receive and manage only those materials that are described in the approved EDOP and
materials approved in accordance with the Waste Identification Plan included in the EDOP (Department
of Public Health and Environment)
13. All wastes received at the facility shall be unloaded on the unloading pad. The unloading/loading pad leak
detection system shall be constructed and operated in accordance with the approved design. The
unloading pad will be kept in good condition and cleaned at a frequency that prevents oils and other
wastes from building up on the pad. (Department of Public Health and Environment)
RESOLUTION USR14-0080
WASTE MANAGEMENT OF COLORADO INC.
PAGE 7
14. Should recycling or beneficial use activities occur at the facility, the facility shall operate in accordance
with their approved EDOP. (Department of Public Health and Environment)
15. 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)
16. Waste materials shall be handled. stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris. and other potential nuisance conditions. The facility shall operate in
accordance with the approved EDOP and with Chapter 14, Article 1 of the Weld County Code. at all times.
(Department of Public Health and Environment)
17. Fugitive dust shall attempt to be confined on the property. Uses on the property shall comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
18. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR. Part 112. shall be available on -site. (Department of Public Health and Environment)
19. 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)
20. 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 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)
21. 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 Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations. (Department of Public Health and
Environment)
22. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
23. All potentially hazardous chemicals 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. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with
applicable rules and regulations. Any reportable spills will be reported and documented in accordance with
all state and federal regulations and records will be kept onsite for WCDHPE review upon request.
(Department of Public Health and Environment)
25. WCDPHE will be notified prior to the closure of the facility Upon site closure, the facility will comply with
the Closure Plan outlined in the approved EDOP Documentation of closure activities will be provided to
WCDPHE. (Department of Public Health and Environment)
RESOLUTION USR14-0080
WASTE MANAGEMENT OF COLORADO INC.
PAGE 8
26. Adequate drinking, hand washing and toilet facilities shall be provided for employees. at all times. For
employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, 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)
27. 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)
28. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 CRS (Department of Public Health and Environment)
29. 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)
30. 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)
31. 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. (Department of Planning Services)
32. The property owner shall control noxious weeds on the site. (Department of Public Works)
33. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
34. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
35. Any access along unmaintained County right-of-way will not be maintained by Weld County (Department
of Public Works)
36. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
37. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
38. 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 2014
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)
39. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
RESOLUTION USR14-0080
WASTE MANAGEMENT OF COLORADO INC.
PAGE 9
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 states 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.
44. WELD COUNTY'S RIGHT TO FARM: 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
ditcheslakes. or other structures. unless they have an adjudicated right to the water
RESOLUTION USR 14-0080
WASTE MANAGEMENT OF COLORADO INC.
PAGE 10
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 M ra5
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. June 21. 2016
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.
Jordan Jemiola. at 12:47 pm.
Roll Call.
Present: Benjamin Hansford Bruce Johnson. Bruce Sparrow, Jordan Jemiola, Joyce Smock. Nick
Berryman. Terry Cross.
Absent: Michael Wailes, Gene Stille
Also Present_ Kim Ogle_ Chris Gathman. and Diana Aungst. Department of Planning Services: Hayley
Brown. Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell. Department
of Health. Janet Lundquist. Public Works: Bob Choate. County Attorney. and Kris Ranslem. Secretary_
Motion: Approve the June 7. 2016 Weld County Planning Commission minutes. Moved by Benjamin
Hansford. Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR 14-0080
WASTE MANAGEMENT OF COLORADO INC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (SOLIDS
TREATMENT AND BENEFICIAL REUSE OF COMMERCIAL EXPLORATION
AND PRODUCTION WASTE AND OTHER APPROPRIATE NON -HAZARDOUS
WASTE STREAMS INCLUDING CEMENTS AND OTHER NON -HAZARDOUS
SOLID WASTE WITH FREE WATER OR LIQUIDS. OIL WATER SLURRIES,
HIGH OIL CONTENT SLURRIES, PRODUCED WATER/FLOWBACK FROM
EXPLORATION AND PRODUCTION WELLS AND DRILLING FLUIDS (MUDS)
ALONG WITH AN OIL AND GAS SUPPORT FACILITY (CLASS II OILFIELD
WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) AND
OBTAIN A CERTIFICATE OF DESIGNATION IN THE A (AGRICULTURAL) ZONE
DISTRICT
A PORTION OF SECTIONS 26 AND 35 T3 N. R64W AND A PORTION OF
SECTIONS 2 AND 11 T2N R64W OF THE 6TH P M WELD COUNTY.
COLORADO
1.5 MILES NORTH OF CR 20 AND WEST OF AND ADJACENT TO CR 59
SECTION LINE
Chris Gathman. Planning Services. presented Case USR14-0080, reading the recommendation and
comments into the record Mr Gathman noted that the boundary of the USR will be 1099 acres: however
the actual operations area of the facility itself will be approximately 12 acres in size The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Sparrow clarified if the number of trucks per day are 370 trucks. Ms. Lundquist said that the
traffic study indicated 424 trucks, which also includes the traffic generated for the proposed injection wells.
Janet Lundquist, Public Works. reported on the existing traffic and access to the site Ms Lundquist noted
that in discussions with the applicant she had looked at potentially granting a variance for the left
deceleration lane on Market Street: however in 2012 the traffic count westbound on CR 18 was 370 vehicles
per day but then by 2015 the count had increased to 916 vehicles per day Because of the traffic volume
combined with the traffic volume that is on the east side of Market Street, which is 829 trips per day. she is
no longer able to grant the variance they requested She added that they discussed proportional share.
however she stated that the Board of County Commissioners can review and make that determination
Hayley Brown, Engineering. reported on the drainage conditions and interior traffic plan for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control. and the Waste Handling Plan
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EXHIBIT
Jason Chan. Waste Management. 11655 CR 59, Keenesburg. Colorado. stated that will receive. process,
treat. and transport for disposal or recycling of non -hazardous solid waste with free water or liquids. high
oil content slurries. produced water and flowback water from producing oil and gas wells and drilling fluids.
He added that they are in the process of permitting for two (2) injection wells on site as well.
Mr. Chan stated that they are working with the fire department to provide them water access for fire
emergencies They provide support for oil and gas companies developing mineral rights within Weld
County and their goal is to provide a more convenient one stop option for the oil and gas industry.
The goals of this facility is to extend the life of the landfill. recover usable oils. recover water and reduce
truck traffic The waste generated on site nearby can go directly to the Buffalo Ridge Landfill. He added
that there is no increase to truck traffic anticipated. beyond existing projections
Mr. Chan requested that a modification be made to Condition of Approval 6 B regarding the deceleration
on County Road 18. The traffic study shows that a large majority of the traffic is related to the oil and gas
industry and added that this has been accounted for in the traffic study. Therefore they are requesting a
proportional share on the improvements because there is a lot of other non -landfill traffic not related to
Waste Management.
Commissioner Smock asked where the solid waste will be disposed of. Mr. Chan said that the solid waste
generated from the facility will be shipped directly to Buffalo Ridge Landfill. He added that the traffic would
be internalized rather than sending them back out onto the county roads.
Commissioner Sparrow said that he would like to abstain as he is Chairman of the Planning Commission
for the Town of Keenesburg
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 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: For -ward Case USR14-0080 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 Terry Cross, Seconded by Bruce Johnson
Vote: Motion passed (summary: Yes = 6, No = 0. Abstain = 1).
Yes: Benjamin Hansford, Bruce Johnson, Jordan Jemiola, Joyce Smock. Nick Berryman. Terry Cross.
Abstain: Bruce Sparrow.
Meeting adjourned at 3:21 pm.
Respectfully submitted.
4'`.rilbbiw PanoC�n-�
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2016.06.24 10:37:08 -06'00'
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