HomeMy WebLinkAbout20160359.tiff LAND USE APPLICATION
L III SUMMARY SHEET
�2- G0UhTY
Planner: Kim Ogle
Case Hearing Date: January 5,2016
Number: USR15-0067
Applicant: D&C Farms, LLLP, 8679 County Road 4, Brighton, Colorado 80603
c/o NGL Water Solutions DJ, LLC, 3773 Cherry Creek North Drive, Denver, CO 80209
Representative: Brian Thielen, M3 Construction, 2861 W. 120th Avenue, Suite 250, Westminster, CO
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities,Oil and Gas Support and Service(Class II Oilfield Waste Disposal
Facility- Saltwater Injection Facility) in the A(Agricultural)Zone District
Legal
Description: SUBX15-0030 being part of the N2/SW4 of Section 28, T1 N R67W of the 6th P.M., Weld
County, CO
Location: West of and adjacent to County Road 19;approximately 1,200 feet South of County Road 6
Parcel Number: 1469-28-2-00-002 Size of Parcel: 20 acres +/-
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' has received responses from the following agencies with comments:
Brighton Fire Protection District, referral dated November 23, 2015
Weld County Department of Public Health and Environment, referral dated November 24, 2015
Weld County Planning Services— Engineer, referral dated November 25, 2015
The Department of Planning Services'has received responses from the following agencies without comments:
Weld County Code Compliance, referral dated November 2, 2015
Weld County Department of Public Works—Access, referral dated October 6, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
Yoxall Ditch
➢ Adams County Planning
➢ City of Dacono Planning
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D&C Farms,LLLP,page 1
Weld County Schools RE-8
• Weld County Sheriffs Office
➢ City of Northglenn Planning
• West Adams Soil Conservation District
• Weld County Department of Building Inspection
Weld County Office of Emergency Management
Colorado Oil and Gas Conservation Commission
• State of Colorado, Division of Parks and Wildlife
• State of Colorado, Division of Water Resources
Narrative:
The proposed disposal facility will accept Class II brinewater for disposal,operating 24 hours a day 365 days a
year, accommodating an unlimited number of trucks per 24 hour period. The facility will employ up to ten total
employees in a 24 hour period with no more than five employees full time on site at anytime. Initially the
facility will include a pump house building, a concrete containment area, and a concrete truck offload pad. A
commercial well will be for potable water and the disposal of sewage will be handled by a commercial onsite
waste water treatment system. The facility will be fenced in three strand barb wire and there will be a facility
sign posted for identification and emergency contact information. At the conclusion of operations,the disposal
system tank farm,offload bays,and processing buildings will be removed.All tanks and associated piping will
be removed and disposed of off-site.The site will be re-graded to match surrounding site grading for required
drainage patterns. Any contaminated soils will be removed and disposed of off-site at an approved facility.
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-4-140.A. EP.Goal 1.states
"Encourage the minimization of mineral resource exploration and production waste and
require the safe disposal of it;" 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 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.
Section 22-4-140.B. 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. 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.
Section 22-6-20.C.1. ECON.Policy 3.1. 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
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economy. This proposal has been reviewed by the appropriate referral agencies and it has
been determined that the attached Conditions of Approval and Development Standards
ensure that there are adequate provisions for the protection of the health, safety and welfare
of the inhabitants of the neighborhood and county.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource
Development Facilities, Oil and Gas Support and Service including a Class II Oilfield Waste
Disposal Facility - Saltwater Injection Facility as a Use by Special Review in the A
(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The 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 1600
feet north of the facility on County Road 19; the third residence is located to the west
approximately 2300 feet with all other residential development located more than 2600 feet to
the south. Adjacent to the south is the Encana Natural Gas Facility(2AmUSR-589) and to
the east is the XCEL Natural Gas Control Station (3AmUSR-778). Staff has received no
letters, telephone calls, electronic mail from adjacent or surrounding property owners or
interested persons for this application. Development Standards and Conditions of Approval
will ensure that this use will be compatible with surrounding land uses.
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 a three(3) mile referral area of the City of Dacono,
City of Northglenn and Adams County. No comments were received from the City of Dacono,
City of Northglenn and Adams County concerning this application.
E. Section 23-2-220.A.5--The application complies with Section 23-5 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. The existing site is within the County Road Impact
Fee Area and the Capital Expansion Impact Fee area.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County-wide Road Impact Fee Program.
Building Permits issued on the proposed lots,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 "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 23-2-220.A.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
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D&C Farms,LLLP,page 2
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.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the USR Map:
A. The Map shall be amended to delineate the following:
1. All sheets of the USR Map shall be labeled USR15-0067. (Department of Planning
Services)
2. The USR Map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
B. 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 Public Works)
2. Upon completion of Condition of Approval No.1. above,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 Department of Planning Services' Staff. 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. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the Map not
be recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners approval was signed a$50.00 recording continuance charge may be added for each
additional 3 month period. (Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services-Engineer)
6. Prior to the issuance of the Certificate of Occupancy:
A. An onsite 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. (Department of Public Health and Environment)
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B. The applicant shall submit written evidence of a commercial well to Weld County Department
of Public Health and Environment. (Department of Public Health and Environment)
7. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District.The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
D & C Farms, LLLP
do NGL Water Solutions DJ, LP
USR15-0067
1. The Site Specific Development Plan and Special Review Permit, USR15-0067, for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility-
Saltwater Injection Facility)in the A(Agricultural)Zone District,as indicated in the application materials
on file and 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. No disposal of waste,other than Class II,as currently defined by the Environmental Protection Agency,
is permitted. Any changes from the approved Class II use will require an amendment to this Use by
Special Review Permit. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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. (Department of Public Health and
Environment)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
8. A leak detection system shall be designed and installed beneath concrete unloading pad(s),piping,and
sump(s).The unloading pad shall be kept in good condition and leak detection and unloading pad plans
shall be onsite and available upon request. (Department of Public Health and Environment)
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 PE stamped drawings shall be on-site
and available upon request. (Department of Public Health and Environment)
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. (Department of
Public Health and Environment)
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
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WCDPHE review upon request. 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)
12. WCDPHE will be notified prior to the closure of the facility. Upon site closure,the facility will remove all
wastes from the site and decontaminate all equipment, tanks, and secondary containment.All wastes
removed from the site during closure activities will be disposed of off-site, in accordance with all state
and federal rules and regulations and with Weld County Code. Documentation of closure activities will
be provided to WCDPHE. (Department of Public Health and Environment)
13. The facility shall comply with the accepted Groundwater Monitoring Plan. (Department of Public Health
and Environment)
14. All stormwater, which has come into contact with waste materials on the site, shall be confined on the
site. In the event the storm water is not adequately controlled on the site, upon written notification from
the WCDPHE or CDPHE, a comprehensive site-wide Stormwater Plan shall be developed and
implemented. The plan must be approved, in writing by the WCDPHE or CDPHE, prior to
implementation. (Department of Public Health and Environment)
15. 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 accepted "waste handling plan", and with Chapter 14, Article 1 of the Weld
County Code, at all times. (Department of Public Health and Environment)
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. (Department of Public Health and
Environment)
17. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
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 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)
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. (Department of Public Health and Environment)
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. (Department of Public Health and
Environment)
21. The applicant shall acquire an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
22. 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)
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
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County Office of Emergency Management to the Department of Planning Services. (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. (Department of Planning Services)
25. The number of employees will be ten (10)with no more than seven (7)employees on site at any given
time as stated by the applicant. (Department of Planning Services)
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. (Department of Planning Services-Engineer)
27. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking. (Planning and Engineering)
28. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
29. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services-Engineer)
30. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services-Engineer)
31. Hours of operation are twenty-four(24)hours each day, seven (7)days per week—365 days per year.
(Department of Planning Services)
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 Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:
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.(Department of Building
Inspection)
33. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County-wide Road Impact Fee Program and the County Facility Fee and Drainage Impact Fee Program.
(Department of Planning Services)
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. (Department of
Planning Services)
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. (Department of Planning Services)
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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. (Department of Planning Services)
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. 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 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.
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D&C Farms,LLLP,page 8
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines,territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
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H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970) 304-6498
r �
December 07, 2015
THIELEN BRIAN
2861 W. 120TH AVENUE, SUITE 250
WESTMINSTER, CO 80234
Subject: USR15-0067 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE
(CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A
(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
SUBX15-0030 BEING PART N2/SW4 SECTION 28, T1 N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 5, 2016, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 27, 2016
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcou ntyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
I / Digitally signed by Kristine Ranslem
Reason:I am the author of this document
Date:2015.12.07 14:10:39-07'00'
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
i 1 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970)353-6100, Ext. 3549
N
FAX: (970)304-6498
October 28, 2015
THIELEN BRIAN
2861 W. 120TH AVENUE, SUITE 250
WESTMINSTER, CO 80234
Subject: USR15-0067 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE
(CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A
(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
SUBX15-0030 BEING PART N2/SW4 OF LOT B REC EXEMPT RECX13-0046 OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Dacono at Phone Number 303-833-2317
Northglenn at Phone Number 303-450-8709
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
I /� Digitally signed by Kristine m
"^,,,,(7UJ ' Reason:I am the author of this document
Date:2015.10.28 15:47:27-06'00'
Kim Ogle
Planner
FIELD CHECK USR15-0067 Inspection Date: December 21, 2015
APPLICANT: D&C FARMS LLLP; C/O NGL Water Solutions DJ, LLC
REQUEST: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal
Facility - Saltwater Injection Facility) in the A(Agricultural) Zone District.
SUBX15-0030 being part of the N2/SW4 of Section 28, Ti N R67W of the 6th P.M., Weld
County, CO
LOCATION. West of and adjacent to County Road 19; approximately 1,200 feet South of County Road 6
SIZE OF +/- 20 ACRES PARCEL NO. 1469-28-2-00-002
PARCEL:
Zoning _ Land Use •
N AGRICULTURE N IRRIGATED AGRICULTURE WITH OIL AND GAS
APPURTENANCES
E AGRICULTURE E IRRIGATED AGRICULTURE WITH OIL AND GAS
APPURTENANCES, INCLUDING USRs FOR SAME
S AGRICULTURE S IRRIGATED AGRICULTURE WITH OIL AND GAS
APPURTENANCES, INCLUDING USRs FOR SAME ,
W AGRICULTURE W IRRIGATED AGRICULTURE WITH OIL AND GAS
APPURTENANCES
Comments:
COUNTY ROAD 19 IS A PAVED ROAD WITH TRAFFIC ON THE DAY OF VISIT. 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 1600 FEET NORTH OF
THE FACILITY ON COUNTY ROAD 19; THE THIRD RESIDENCE IS LOCATED TO THE WEST
APPROXIMATELY 2300 FEET WITH ALL OTHER RESIDENTIAL DEVELOPMENT LOCATED MORE THAN
2600 FEET TO THE SOUTH. ADJACENT TO THE SOUTH IS THE ENCANA NATURAL GAS FACILITY
(2AMUSR-589)AND TO THE EAST IS THE XCEL NATURAL GAS CONTROL STATION (3AMUSR-778)
THE YOXALL DITCH BISECTS THE NORTHERN PORTION OF THE PROPERTY. THE FUTURE FACILITY
WILL BE SITED BELOW THE CURRENT GRADE OF THE COUNTY ROAD.
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Sign-tu?'ie
o Access to Property— Section Line o Site Distance o Oil & Gas Structures
Note any commercial business/commercial vehicles that are operating from the site. None
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