HomeMy WebLinkAbout20162107.tiffRESOLUTION
RE: APPROVE 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), 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 - WASTE
MANAGEMENT OF COLORADO, INC
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 13th day of
July, 2016. at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Waste Management of Colorado. Inc., 5500 South Quebec Street, Suite 250,
Greenwood Village, CO 80111. for 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), along with an Oil an 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, on the following described real estate. being more
particularly described as follows:
A portion of Sections 26 and 35, Township 3 North.
Range 64 West and a portion of Sections 2 and 11,
Township 2 North, Range 64 West of the 6th 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.
Cc. PL,e6,EbA,mom, AffS
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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."
2) Section 22-4-140.A (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.
3) Section 22-4-140.B (EP.Goal 2) states: -Mineral resource
exploration and production waste facilities should be planned,
located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use. scale,
height, traffic, dust. noise and visual pollution." The proposed facility
is located adjacent to an existing landfill (Buffalo Ridge) and located
over one (1) mile from existing residences.
4) Section 22-4-140.B (EP.Policy 2.1) 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 the referral response dated
March 25, 2016.
5) Section 22-4-140 (EP.Policy 2.2) 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 the Weld County
Department of Public and Environmental Health.
Section 23-2-230 B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Solid Waste Disposal Sites and Facilities
are listed as a Use by Special Review per Section 23-3-40.1 of the Weld
County Code.
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Section 23-2-230.B.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 (2) miles south of the proposed waste disposal facility.
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 the three (3) mile referral area of
the Town of Keenesburg. The Town of Keenesburg, in the referral
response dated April 5. 2016. indicated no objection but requested that the
Town of Keenesburg be named as a party to the Road Maintenance
Agreement in the event County Road (CR) 59 and/or CR 18 are annexed.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23.
Articles V and XI, 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, County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 1.099 acres
delineated as "Other," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map.
Section 23-2-230.B.7 — The Design Standards (Section 23-2-240. Weld
County Code). Operation Standards (Section 23-2-250. Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Waste Management of Colorado, Inc. for 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). along
with an Oil an 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, on
the parcel of land described above be, and hereby is. granted subject to the following conditions:
1. Prior to recording the map:
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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 traffic triggers for improvements
will be included.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0080.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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.
5) CR 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.
6) Show and label the section line right-of-way as "CR 59 Section Line
Right -of -Way. not County maintained. -
7) Show and label the approved Access Permit (AP15-00519) and the
appropriate turning radii.
8) Show and label the approved tracking control on the site plan.
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.
10) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
11) The map shall delineate the lighting.
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.
13) The map shall delineate the parking area for the vendors,
customers and/or employees.
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14) Show and label all recorded easements on the map by book and
page number, or reception number and date.
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. 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.
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 maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
6. Prior to Operation:
A. Accepted construction drawings and construction of the off -site roadway
improvements may be required prior to operation.
B A left deceleration lane on CR 18 turning onto Market Street may be
required prior to operation.
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.
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7. Prior to the issuance of the Certificate of Occupancy:
A. An On -site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater 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 On -site Wastewater Treatment
System Regulations.
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.
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.
The above and foregoing Resolution was. on motion duly made and seconded. adopted
by the following vote on the 24th day of August. A.D.. 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datticti C sejeSok
Weld County Clerk to the Board
BY: -Co A/NJ
uty Clerk to the Board
APPROVED AS
--County Attorney
Date of signature: Q'/ o1O / !(D
Mike Freeman. Chair
teve Moreno
•
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WASTE MANAGEMENT OF COLORADO, INC
USR14-0080
1 The Site Specific Development Plan and Use by Special Review Permit. USR14-0080. is
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 an and Gas
Support Facility (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) in
the A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are 24 -hours a day. 365 days a year.
4. The parking area on the site shall be maintained.
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.
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.
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 and WCDPHE. Changes to the EDOP may require an
amendment to the USR.
8 Operations will not extend past Certificate of Designation boundaries of the property.
9 The Conditions of Approval and Development Standards for USR14-0080 facility shall be
incorporated into the Certificate of Designation.
10. The facility shall submit evidence to the Weld County Department of Public Health and
Environment (CDPHE), and prior to the acceptance of waste that financial assurance has
been obtained in accordance with CDPHE regulations pertaining to solid waste sites and
facilities.
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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. Section 30-20-100.5. C.R.S.
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.
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
14. Should recycling or beneficial use activities occur at the facility, the facility shall operate in
accordance with their approved EDOP.
15. 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.
16. 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 approved EDOP and with
Chapter 14, Article I. of the Weld County Code, at all times.
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.
18, A Spill Prevention. Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of Section 40 CFR. Part 112, shall be available on -site.
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.
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.
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
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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.
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.
23. All potentially hazardous chemicals used 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.
24. Any stained or contaminated soils at the facility shall be 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 on -site for the
WCDHPE review upon request.
25. The 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.
26. Adequate drinking. handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors on -site for less than two (2) consecutive hours a
day. and two (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 WCDPHE. Portable toilets
shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
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.
28. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103 C.R.S.
29. Analytical waste data and environmental monitoring data shall be made available to
WCDPHE upon request. The WCDPHE reserves the right to require additional monitoring
and may require an amendment to the USR.
30. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
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32. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II. of the Weld County Code.
33. The access to the site shall be maintained to mitigate any impacts to the public road.
including damages and/or off -site tracking.
34. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
35. Any access along unmaintained County right-of-way will not be maintained by Weld
County.
36. The historical flow patterns and runoff amounts on the site will be maintained.
37. Weld County is not responsible for the maintenance of on -site drainage related features.
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.
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.
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.
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43. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy: (b) the populous counties of the state face a critical shortage of such deposits:
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code. shall be placed on the map and recognized at all times.
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