HomeMy WebLinkAbout20160357.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0067, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS SUPPORT AND SERVICE FACILITY (CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - D&C FARMS, LLLP, CIO NGL WATER
SOLUTIONS DJ, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 27th day of
January, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of D&C Farms, LLLP, 8679 CR 4, Brighton, CO 80603-8901, c/o NGL Water
Solutions DJ, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0067, for Mineral Resource Development Facilities, Oil and Gas Support and Service
Facility (Class II Oilfield Waste Disposal Facility—saltwater injection facility) in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX15-0030, being part of
the N1/2 SW1/4 of Section 28, Township 1 North,
Range 67 West of the P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed Use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-4-140.A (EP.Goal 1) states: "Encourage the
minimization of mineral resource exploration and production waste
and require the safe disposal of it." Section 22-4-140.A.1
(EP.Policy 1.1) states: "Due to the impacts from surface
impoundments and increasing public concern about them, other
alternatives for disposal should be considered." The proposal is for
2016-0357
CC 0,6-,-11 f/r PL2399
SPECIAL REVIEW PERMIT (USR15-0067) - D&C FARMS, LLLP, C/O NGL WATER
SOLUTIONS DJ, LLC
PAGE 2
a Class II Brinewater Injection Well and associated facilities and will
be permitted through the Colorado Oil and Gas Conservation
Commission (COGCC) prior to operation.
2) Section 22-4-140.6 (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 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.
3) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy." This proposal has been reviewed by the
appropriate referral agencies and it has been determined that the
attached Conditions of Approval and Development Standards
ensure that there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood
and County.
B. Section 23-2-230.6.2 -- The proposed Use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code provides for Mineral Resource Development Facilities, Oil and Gas
Support and Service, including a Class II Oilfield Waste Disposal Facility -
Saltwater Injection Facility as a Use by Special Review in the
A (Agricultural) Zone District.
C. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is bordered by irrigated
production agricultural uses, oil and gas development, with sparsely
populated residential development. There are three residences in the
general area with the nearest residence located approximately 975 feet
directly north from the proposed facility; a second residence is located
approximately 1,600 feet north of the facility on County Road 19; and the
third residence is located to the west approximately 2,300 feet with all other
residential development located more than 2,600 feet to the south.
Adjacent to the south is the Encana Natural Gas Facility (2ndAmUSR-589)
and to the east is the XCEL Natural Gas Control Station (3rdAmUSR-778).
Staff has received no letters, telephone calls, or electronic mail from
adjacent or surrounding property owners or interested persons for this
2016-0357
PL2399
SPECIAL REVIEW PERMIT (USR15-0067) - D&C FARMS, LLLP, C/O NGL WATER
SOLUTIONS DJ, LLC
PAGE 3
application. Development Standards and Conditions of Approval will
ensure that this use will be compatible with surrounding land uses.
D. Section 23-2-230.B.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 a three (3) mile referral area of the City of Dacono,
City of Northglenn and Adams County; however, no comments were
received concerning this application.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not within a
recognized overlay district, including the Geologic Hazard, Flood Hazard
or Airport Overlay District. Building Permits issued on the proposed lots
will be required to adhere to the fee structure of the County-wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 --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 "Prime if they
become Irrigated," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The Subdivision Exemption parcel is
located south of the Yoxall Ditch and north of the Encana Oil and Gas
Service Yard, thereby making agricultural practices difficult and, further,
this area does not have any irrigation water.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards 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 COGCC and CDPHE
requirements and enter into a Weld County Improvements Agreement to
address required off-site improvements and haul and traffic routes to and
from the facility, at a minimum.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of D&C Farms, LLLP, c/o NGL Water Solutions DJ, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR15-0067, for Mineral
Resource Development Facilities, Oil and Gas Support and Service Facility (Class II Oilfield
Waste Disposal Facility — saltwater injection facility) in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
2016-0357
PL2399
SPECIAL REVIEW PERMIT (USR15-0067) - D&C FARMS, LLLP, C/O NGL WATER
SOLUTIONS DJ, LLC
PAGE 4
1. Prior to recording the USR Map:
A. The Map shall be amended to delineate the following:
1. All sheets of the USR Map shall be labeled USR15-0067.
2. The USR Map shall be prepared per Section 23-2-260.D of the
Weld County Code.
3. The attached Development Standards.
B. An Improvements and Road Maintenance Agreement is required for off-site
improvements at this location. Road maintenance, including dust control,
damage repair, specified haul routes and future traffic triggers for
improvements will be included.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
3. 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 maps@co.weld.co.us.
4. 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.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on-site construction.
6. Prior to the issuance of the Certificate of Occupancy:
2016-0357
PL2399
SPECIAL REVIEW PERMIT (USR15-0067) - D&C FARMS, LLLP, C/O NGL WATER
SOLUTIONS DJ, LLC
PAGE 5
A. An On-site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County
OWTS Regulations. The septic system is required to be designed by a
Colorado Registered Professional Engineer according to the Weld County
OWTS Regulations.
B. The applicant shall submit written evidence of a commercial well to Weld
County Department of Public Health and Environment.
7. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of January, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:C�
,�/atxdov Mike Freeman, Chair
Weld County Clerk to the Board ,
Sean P. Conway, Pro-Tem
BY:
De• ty Clerk to the =•ar,�
j ,t► ��►,ulie A. Cozad
APP VED A�� •� �� .
� Ifirr rbara Kirkmeyer
ount Attorney �,� -4 71LP'�-e.--r�
Steve Moreno
Date of signature:
2016-0357
PL2399
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
D&C FARMS, LLLP, C/O NGL WATER SOLUTIONS DJ, LLC
USR15-0067
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0067, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service Facility
(Class II Oilfield Waste Disposal Facility—saltwater injection facility) in the A (Agricultural)
Zone District, as indicated in the application materials on file and subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. 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.
4. All liquid 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. During winter months, the facility shall maintain the unloading pad free of ice.
5. 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.
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
7. 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, Section 30-20-100.5, C.R.S.
8. A leak detection system shall be designed and installed beneath the concrete unloading
pad(s), piping, and sump(s). The unloading pad shall be kept in good condition and leak
detection and unloading pad plans shall be onsite and available upon request.
9. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. A synthetic or
engineered liner shall be placed directly beneath each above-ground tank. 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. Secondary containment plans and certifications, volume calculations
demonstrating sufficient freeboard is available, and Professional Engineer (PE) stamped
drawings shall be on-site and available upon request.
2016-0357
PL2399
DEVELOPMENT STANDARDS (USR15-0067) - D&C FARMS, LLLP, C/O NGL WATER
SOLUTIONS DJ, LLC
PAGE 2
10. Unloading pad(s), secondary containment and tanks shall be inspected for integrity and
leaks at least monthly. Documentation of inspections will be kept onsite and available upon
request.
11. Any stained or contaminated soils on the facility shall be removed and disposed of in
accordance with applicable rules and regulations. All spills will be documented and
records will be kept onsite for WCDPHE review upon request. All spills will be reported to
local, state and federal agencies in accordance with all state and federal regulations.
12. The WCDPHE will be notified prior to the closure of the facility. Upon site closure, the
facility will remove all wastes from the site and decontaminate all equipment, tanks, and
secondary containment. All wastes removed from the site during closure activities will be
disposed of off-site, in accordance with all state and federal rules and regulations and with
Weld County Code. Documentation of closure activities will be provided to the WCDPHE.
13. The facility shall comply with the accepted Groundwater Monitoring Plan.
14. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event the stormwater 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.
15. Waste materials shall be handled, stored, and disposed of 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 accepted Waste Handling
Plan, and with Chapter 14, Article I, of the Weld County Code, at all times.
16. 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.
17. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. If employees or contractors are on site for less than two
(2) consecutive hours a day, portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers.
19. All potentially hazardous chemicals must be handled in a safe manner, in accordance with
product labeling, and in a manner that minimizes the release of hazardous air pollutants
and volatile organic compounds. All chemicals must be stored securely, on an impervious
surface, and in accordance with manufacturer's recommendations.
2016-0357
PL2399
DEVELOPMENT STANDARDS (USR15-0067) - D&C FARMS, LLLP, C/O NGL WATER
SOLUTIONS DJ, LLC
PAGE 3
20. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on-site.
21. The applicant shall acquire an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application from the Air Pollution Control Division of the Colorado Department of
Public Health and Environment, as applicable.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
24. 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.
25. The number of employees will be ten (10) with no more than seven (7) employees on the
site at any given time as stated by the applicant.
26. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
27. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
28. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
29. The historical flow patterns and runoff amounts will be maintained on the site.
30. Weld County is not responsible for the maintenance of onsite drainage related features.
365
(24) hours each day, seven (7) daysper week,
31. Hours of operation are twenty-four y
p
days per year.
32. Buildings, equipment and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following has been adopted
by Weld County: 2012 International Codes, 2006 International Energy Code, 2012
International Fuel Gas Code, 2014 National Electrical Code, 2009 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code.
2016-0357
PL2399
DEVELOPMENT STANDARDS (USR15-0067) - D&C FARMS, LLLP, C/O NGL WATER
SOLUTIONS DJ, LLC
PAGE 4
33. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County-Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee
Programs.
34. 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.
35. 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.
36. 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.
37. 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.
38. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2016-0357
PL2399
Hello