HomeMy WebLinkAbout20152027.tiff 86 ..
pr.-- LAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: June 16, 2015
Case Number: USR15-0020
Applicant: Whiting Oil and Gas Corporation C/O Kevin Pittman
Address: 1700 Broadway, Suite 2300, Denver, CO. 80290
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (Non-Commercial
Class II Oilfield Waste Disposal Facility- Saltwater Injection Facility) in the A
(Agricultural)Zone District.
Legal S2 of Section 16, T9N, R59W of the 6th P.M., Weld County, CO
Description:
Location: West of and adjacent to County Road 115 and north of and adjacent to County Road
104.
Size of Parcel: +/- 320.44 acres Parcel No. 046916000002
(Operations Area: +/- 9
acres)
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' staff has received referral responses with comments from the
following agencies:
• Weld County Code Compliance, referral dated March 25, 2015
• Weld County Department of Public Health and Environment, referral dated April 21, 2015
y West Greeley Soil Conservation District, referral dated April 20, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Department of Public Works—Access Permit, referral dated April 10, 2015
• Weld County Sheriff's Office, referral dated March 25, 2015
➢ West Greeley Soil Conservation District, referral dated April 20, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Department of Building Inspection
Office of Emergency Management
Colorado Parks and Wildlife
Colorado Oil and Gas Conservation Commission
• Pawnee Fire Protection District
USR15-0020, Whiting Oil and Gas Corporation, Page 1 of 10
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
N--vt
Planner: C. Gathman Hearing Date: June 16, 2015
Case Number: USR15-0020
Applicant: Whiting Oil and Gas Corporation C/O Kevin Pittman
Address: 1700 Broadway, Suite 2300, Denver, CO. 80290
Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (Non-Commercial
Class II Oilfield Waste Disposal Facility- Saltwater Injection Facility) in the A
(Agricultural)Zone District.
Legal S2 of Section 16, T9N, R59W of the 6th P.M., Weld County, CO
Description:
Location: West of and adjacent to County Road 115 and north of and adjacent to County Road
104.
Size of Parcel: +/- 320.44 acres Parcel No. 046916000002
(Operations Area: +/- 9
acres)
Case Summary: The applicants are proposing a Non-Commercial Oilfield Waste Disposal Facility. Only
Whiting will be delivering oilfield waste water to this site— no other companies will access this location
The facility will consist of up to twenty-four(24) 750 BBL tanks, up to 2 1,000 BBL tanks and up to 4 400
BBL tanks along with related equipment including a 35-foot tall communication tower. The application
indicates than an average of 10 (ten)water haul trucks will access the site. Bottled water will be utilized
during construction and portable toilets will be provided. The majority of the waste water will be piped into
the site. The facility will be located on a nine (9)acre parcel currently being applied for under case#
Subdivision Exemption SUBX15-0011.
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 22-2-20 G.2 A.Policy 7.2 of the Weld County Code states:" Conversion of
agricultural land to nonurban residential, commercial and industrial uses should be
accommodated when the subject site is in an area that can support such development,
and should attempt to be compatible with the region."
USR15-0020, Whiting Oil and Gas Corporation, Page 2 of 10
The site is in a rural agricultural area. Development Standards and Conditions of
Approval (on site lighting is required to be shielded and downcast and a noise limit
development standard is attached) are proposed to ensure compatibility with the
surrounding area.
Section 22-4-140 B. EP.Goal 2. of the Weld County Code 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 site is located in a sparsely populated rural area. The nearest residence is
approximately 1 mile to the east. The facility is completely screened from this residence
by an existing hill/escarpment.
Section 22-4-140 B. 1. 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."
The site is in a rural area. Development Standards and Conditions of Approval (on site
lighting is required to be shielded and downcast and a noise limit development standard
is attached)are proposed to ensure compatibility with the surrounding area.
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 allows Oil and
Gas Support and Service Facilities (Disposal and Recycling Sites for Production Waste)
as a Use by Special Review Permit 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 proposed facility is located in a rural area. The
nearest residence is approximately 1 mile to the east. The facility is completely screened
from this residence by an existing hill/escarpment.
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 not located within a three (3) mile referral area of any municipality, nor is it
located within any existing Intergovernmental Agreement Area (IGA) of a municipality.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 9 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.
USR15-0020, Whiting Oil and Gas Corporation, Page 3 of 10
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department
of Health and Environment, if applicable. Alternately, the applicant may provide evidence
from the APCD that they are not subject to these requirements. Evidence of acceptance
shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
B. An Improvements Agreement and Road Maintenance Agreement is required for offsite
improvements at this site. Road maintenance including dust control, damage repair,
specified haul routes and future triggers for improvements will be included. (Department of
Planning Services— Engineer)
C. The applicant shall complete a Nonexclusive License Agreement for the upgrade and
maintenance of Weld County Right-of-Way. (Department of Planning Services— Engineer)
D. A Final Drainage Report and Certificate of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of
Planning Services— Engineer)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0020 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The map shall delineate the lighting. (Department of Planning Services)
5. 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)
6. County Road 113 is unmaintained section line right of way. The applicant shall verify
and delineate on the map the existing right-of-way and the documents creating the
right-of-way. All setbacks shall be measured from the edge of future right-of-way.
This road is not maintained by Weld County. (Department of Planning Services -
Engineer)
USR15-0020, Whiting Oil and Gas Corporation, Page 4 of 10
7. Show the approved non-exclusive license agreement on the map and label it with the
recorded reception number and date. (Department of Planning Services - Engineer)
8. Show the approved access(es) on the map and label with the approved access
permit number(AP15-00170). (Department of Planning Services- Engineer)
9. The applicant shall indicate specifically on the map the type of right-of-way/easement
and indicate whether it is dedicated, private, or deeded and label with recorded
document, book and page and/or reception number. (Department of Planning
Services- Engineer)
10. Show and label the approved tracking control onto publically maintained roadways on
the map. (Department of Planning Services- Engineer)
11. Show the accepted water quality feature on the map with volume and label as
WATER QUALITY FEATURE, NO-BUILD OR STORAGE AREA. (Department of
Planning Services— Engineer)
12. Show and label the accepted drainage features, drainage flow arrows, turning radii,
and parking and circulation on the map. (Department of Planning Services —
Engineer)
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 map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar
map along with all other documentation required as Conditions of Approval. The Mylar map shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall 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
senttomaps@co.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 prior to
the start of construction. Contact the Planning Department for application information.
(Department of Planning Services - Engineer)
6. Prior to Operation:
A. Construction of the approved access and/or tracking control improvements is required prior to
operation. (Department of Planning Services- Engineer)
USR15-0020, Whiting Oil and Gas Corporation, Page 5 of 10
B. 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. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR15-0020, Whiting Oil and Gas Corporation, Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Whiting Oil and Gas
USR15.0020
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0020, for Mineral
Resource Development Facilities, Oil and Gas Support and Service (Non-Commercial Class II Oilfield
Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District, subject to
the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 24-Hours a Day, 7 Days a week, as stated by the applicant(s).
(Department of Planning Services)
4. 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)
5. No disposal of waste, other than Class II, as currently defined by the Environmental Protection
Agency, is permitted. No Class II waste, other than Class II waste from wells operated by the
injection well operator is permitted for disposal. 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)
6. 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)
7. 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)
8. 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. (Department of Public Health and Environment)
9. 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., as amended. (Department of Public Health and
Environment)
10. A leak detection system shall be designed and installed beneath concrete unloading pad(s), piping,
and sump(s). The plans and engineered drawings will be stamped and signed by a Colorado
Registered Professional Engineer (PE). 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)
11. Secondary containment shall be concrete for all storage and processing tanks. Secondary
containment volume shall provide containment for the entire contents of the largest single tank plus
sufficient freeboard to allow for precipitation. The plans and engineered drawings will be stamped
and signed by a Colorado Registered PE. Synthetic structures (non-concrete) are permitted,
provided a Colorado Registered PE provides a certification indicating that the proposed alternate
USR15-0020, Whiting Oil and Gas Corporation, Page 7 of 10
containment system meets, or exceeds, the function of a concrete system with regard to containment,
spills, and unintended releases. The secondary containment shall be kept in good condition.
Secondary containment plans and certifications, volume calculations demonstrating sufficient
freeboard is available, and PE stamped drawings shall be onsite and available upon request.
(Department of Public Health and Environment)
12. 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)
13. 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. (Department of Public Health and Environment)
14. 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)
15. The facility shall comply with the accepted Groundwater Monitoring Plan. (Department of Public
Health and Environment)
16. 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)
17. 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 1 of
the Weld County Code, at all times. (Department of Public Health and Environment)
18. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 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)
19. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
20. 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)
21. 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)
22. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal
for portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
USR15-0020, Whiting Oil and Gas Corporation, Page 8 of 10
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
23. 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)
24. 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)
25. 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)
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 historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services- Engineer)
28. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
29. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
30. The right-of-way or easement shall be graded and drained to provide an all-weather access.
(Department of Planning Services - Engineer)
31. There shall be no tracking of dirt or debris from the site onto publically maintained roads. The
applicant is responsible for mitigation of any offsite tracking and maintaining onsite tracking control
devices. (Department of Planning Services— Engineer)
32. 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. (Department of Building Inspection)
33. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
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.
USR15-0020, Whiting Oil and Gas Corporation, Page 9 of 10
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. 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.
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.
USR15-0020, Whiting Oil and Gas Corporation, Page 10 of 10
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
C v i FAX: (970) 304-6498
r
May 18, 2015
PITTMAN KEVIN
1700 BROADWAY STE 2300
DENVER, CO 80290
Subject: USR15-0020 - A Site Specific Development Plan and Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service (Non-Commercial Class II Oilfield
Waste Disposal Facility-Saltwater Injection Facility) in the A(Agricultural)Zone District.
On parcel(s)of land described as:
S2 SECTION 16,T9N, R59W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 16, 2015, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 15, 2015 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.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitallysmth ned hiioef this
isdlom
F2ason:I am the author of Fbnsl current
Date:2015.05.18 13:07:11 -0600'
Chris Gathman
Planner
N DEPARTMENT OF PLANNING SERVICES
i i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
/ PHONE: (970)353-6100, Ext. 3537
? FAX: (970)304-6498
March 24, 2015
PITTMAN KEVIN
1700 BROADWAY STE 2300
DENVER, CO 80290
Subject: USR15-0020 - A Site Specific Development Plan and Special Review Permit for Mineral
Resource Development Facilities, Oil and Gas Support and Service (Non-Commercial Class II Oilfield
Waste Disposal Facility-Saltwater Injection Facility) in the A(Agricultural)Zone District.
On parcel(s)of land described as:
S2 SECTION 16, T9N, R59W 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.
If you have any questions concerning this matter, please call.
Resoectfully,
Digitally signed by
Kristine Fbnslem
author F2ason:lam the a of this isdocument
Date:2015.03.2414:17:08-06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 6/4/2015
APPLICANT: Whiting Oil and Gas Corporation
CASE #: USR15-0020
REQUEST: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, including Oil and Gas Support and Service(Non-Commercial Class II
Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone
District.
LEGAL: S2 of Section 16, T9N, R659W of the 6th P.M., Weld County, CO
LOCATION: West of and adjacent to County Road 115 and north of and adjacent to County Road
104.
PARCEL ID #s: 046916000002
ACRES: +/- 320.44 acres (Operations Area: +/- 9 acres)
Zoning Land Use
N A N Rangeland
E A E Rangeland
S A S Rangeland
W A W Rangeland/O&G Production facilities
COMMENTS:
Proposed facility is located in a rural area.
At-
Chris Gathman - Planner III
AGREEMENT BETWEEN WHITING OIL AND GAS CORPORATION AND WELD
COUNTY FOR THE EARLY RELEASE OF BUILDING PERMIT OLG15-00159
THIS AGREEMENT ("Agreement") is made and entered into this O9 day of
FAIL , 2015, by the County of Weld, State of Colorado, acting through the Weld County
Department of Planning Services (collectively referred to as the "County"), and Whiting Oil And
Gas Corporation, whose address is 1700 Broadway, Suite 2300, Denver, Colorado 80290,
RECITALS
WHEREAS, the Applicant is leasing the real property described as SUBX15-0011 being
part of the S2 of Section 16, Township 09 North Range 59 West("Property"), and
WHEREAS, the Applicant has applied for a Use by Special Review (USR15-0020) for A
Site Specific Development Plan and Special Review Permit for Mineral Resource Development
Facilities, Oil and Gas Support and Service(Non-Commercial Class II Oilfield Waste Disposal
Facility- Saltwater Injection Facility) in the A(Agricultural) Zone District., and
WHEREAS, the Department of Planning Services accepted the land use application for
USR15-0020 on March 23, 2015, and
WHEREAS, a standard condition of Use by Special Review is that no building or
electrical permits may be issued on the property until the Use by Special Review map for
USRI 5-0020 is ready to be recorded in the office of the Weld County Clerk and Recorder, and
WHEREAS, the Applicant, has applied for a building permit to install equipment, tanks,
and foundations for an oil & gas waste disposal facility under building permit number OLG15-
00159, and
WHEREAS, the Applicant is requesting that building permit OLG15-00159 be issued
prior to approval of USR15-0020 by the Board of County Commissioners and prior to submittal
of the USR15-0020 map for recording.
NOW, THEREFORE, in consideration of the foregoing, the County consents to the
release of building permit OLG15-00159 and in exchange, the Applicant agrees to comply with
the following terms and conditions:
1. The above recitals are incorporated herein by reference as though set forth herein verbatim.
2. The Applicant shall obtain the necessary building permits and approvals from the Weld
County Department of Building Services prior to commencing work.
Page 1 of 3
3. Staging of parking trucks on the travel lanes of the public roads adjacent to the Property is
prohibited. Nuisance conditions, including, but not limited to, mud and puddles on roads, are
to be prevented and immediately addressed by the Applicant, at the Applicant's expense, to
the County's reasonable satisfaction.
4. The Applicant shall be responsible, at the Applicant's sole expense, for dust controlling,
excavating, repairing, or patching any damage resulting from ingress or egress from the
Property to adjacent roadways. The County shall be consulted prior to any work being
conducted on any County road. The type and method of repair will be determined by County
using commercially reasonable standards and must be performed and completed to the
County's reasonable satisfaction.
5. The Applicant shall be responsible, for grading in compliance with the approved grading
permit GRD15-0041.
6. County permission given to the Applicant through this Agreement to occupy the Property is
for the sole limited purpose of installing equipment, tanks, and foundations for an oil & gas
waste disposal facility per building permit number OLG15-00159.
7. Building permit OLG15-00159 shall not be finaled and the installed equipment and structures
shall not be operated or utilized until USR15-0020 has been approved by the Board of
County Commissioners and all USR15-0020 conditions of approval have been completed
and the map has been submitted for recording.
8. In the event USR15-0020 is not approved by the Weld County Board of County
Commissioners or the final map is not submitted for recording within one hundred and
twenty (120) days of the date of the conditional approval of USR15-0020 by the Weld
County Board of County Commissioner, this Agreement shall terminate and the
Applicant shall have thirty (30) days to remove all buildings, equipment, and
improvements of any kind that do not conform to the Weld County Code and to return
the Property to the condition it was in prior to the execution of this Agreement. Failure
to do so within the thirty (30) day period may result in prosecution for violations of the
Weld County Code.
9. Failure by the Applicant to adhere to the terms and conditions of this Agreement, as solely
determined by the County, may, at the County's sole discretion, result in the termination of
this Agreement. In the event this Agreement is so terminated, the Applicant shall have thirty
(30) days to remove all improvements, including but not limited to buildings or other
structures, and equipment that do not conform to the Weld County Code and to return the
Property to the condition it was in prior to the execution of this Agreement. Failure to do so
within the thirty(30) day period may result in prosecution for violations of the Weld County
Code.
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10. Applicant acknowledges that all work done pursuant to OLG15-00159 is at Applicant's sole
risk and expense and the early release of OLG15-00159 pursuant to this Agreement in no
way indicates whether USR15-0020 will be approved by the Department of Planning
Services or under what conditions it may be approved.
Signed this 2 q day of A P 2:A _2015.
Weld County Department of Planning Services Whiting Oil and Gas Corporation
By: l L �' (. I� i By:
Tom Parko,Jr.,Director �
Print Name: ?/Q,J'J4
Title: t$ yd;t../ Shpts
Page 3 of 3
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