HomeMy WebLinkAbout20152037.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0021, 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 - RJM LAND COMPANY, LLC, C/O WHITING
OIL AND GAS
rof Weld County, pursuant to
WHEREAS, the Board of County Commissioners Colorado,
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 15th day of
July, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of RJM Land Company, LLC, 13217 CR 15, Sterling, CO 80751-9512, c/o Whiting
Oil and Gas, 1700 Broadway, Suite 2300, Denver, CO 80290, for a Site Specific Development
Plan and Use by Special Review Permit, USR15-0021, 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 the following described
real estate, being more particularly described as follows:
Subdivision Exemption, SUBX15-0012; being part of
the S1/2 of Section 19 Township 10 North, Range 57
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.
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 22-2-20.G.2 (A.Policy 7.2) 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."The site is in a rural agricultural area.
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Conditions of Approval and Development Standards (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.
2) 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 site is located
in a sparsely populated rural area.
3) Section 22-4-140.B.1 (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." 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 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) 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 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed site is located in a
rural area approximately one (1) mile to the southeast of the nearest
residence. Two (2) letters of concern were received from surrounding
property owners in regard to this application. The letters expressed concern
with traffic and noise, specifically regarding trucks braking at the
intersection of County Roads (CR) 116 and 133. The majority of waste
water will be piped into the site. The application indicates that an average
of ten (10) trucks will access the site on a daily basis.
D. Section 23-2-230.6.4--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
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any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 five (5) acres
delineated as "Prime" and "Prime if Irrigated," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
proposed facility will encompass five (5) acres of an approximately 715
acre parcel.
G. 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 RJM Land Company, LLC, do Whiting Oil and Gas, for
a Site Specific Development Plan and Use by Special Review Permit, USR15-0021, 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 the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. The applicant shall complete a Non-Exclusive License Agreement for the
upgrade and maintenance of Weld County right-of-way.
B. An Improvements Agreement and Road Maintenance Agreement is
required for this site. Road maintenance including dust control, damage
repair, and triggers for improvements will be included.
C. An accepted Water Quality Feature Drainage Design is required.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0021.
2) The attached Development Standards.
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3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) Delineate the site lighting for compliance with Section 23-3-250.B.6
of the Weld County Code.
6) All signs shall be shown and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County
Code.
7) CR 116 is a gravel road and is designated on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall verify and delineate
the future and existing right-of-way and the documents creating the
existing right-of-way. If the existing right-of-way cannot be verified,
it shall be dedicated. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County.
8) CR 133 is a gravel road and is designated on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall verify and delineate
the future and existing right-of-way and the documents creating the
existing right-of-way. If the existing right-of-way cannot be verified,
it shall be dedicated. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County.
9) CR 127 is a gravel road and is designated on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall verify and delineate
the future and existing right-of-way and the documents creating the
existing right-of-way. If the existing right-of-way cannot be verified,
it shall be dedicated. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County.
10) Show and label the approved Non-Exclusive License Agreement
and recorded reception number and date.
11) Show and label the approved accesses (Access Permit Numbers
AP15-00091 and AP15-00336).
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12) Show and label all easements with the recorded document
reception number and date.
13) Show and label the approved tracking control onto publically
maintained roads.
14) Show the accepted water quality feature and label as WATER
QUALITY FEATURE, NO-BUILD OR STORAGE AREA, VOLUME=
(ADD VOLUME #).
15) Show and label the accepted drainage features, drainage flow
arrows and parking and circulation.
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.
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 be 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 prior to the start of construction. Contact the Planning
Department for application information.
B. The approved access and tracking control shall be constructed prior to
on-site construction.
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6. 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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ADO
ATTEST: CCda � � Cam(
/L/ v• ��jdo
arbara Kirkmeyer, hair
Weld County Clerk to the Board
aLD
Mike Freeman, Pro-Tem
Clerk to the Bo:rd EXCUSED
Lz Sean P. Conway
APPROVED AS TO FOR ` e ,1861t ?4mC± JJ'� � Julie A. C zad
•
County Attorney
Steve Moreno
Date of signature: j a ' ""
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RJM LAND COMPANY, LLC, C/O WHITING OIL AND GAS
USR15-0021
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0021, is
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.
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, seven (7) days a week, as stated by the
applicant(s).
4. The parking 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. 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.
7. 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.
8. 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 acquire additional monitoring.
9. 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.
10. 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.
11. 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.
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12. 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 Professional Engineer (PE).
Synthetic structures (non-concrete) are permitted, provided a Colorado registered PE
provides a certification indicating that the proposed alternate 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.
13. Unloading pad(s), secondary containment and tanks shall be inspected for integrity and
leaks at least monthly. Documentation of inspections will be kept on-site and available
upon request.
14. 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 on-site for the WCDPHE review upon request. All spills will be reported
to local, state and federal agencies in accordance with all state and federal regulations.
15. The WCDPHE will be notified prior to the closure of the facility. Upon site closure, the
facility will remove all wastes from the site and decontaminate all equipment, tanks, and
secondary containment. All wastes removed from the site during closure activities will be
disposed of off-site, in accordance with all state and federal rules and regulations and with
Weld County Code. Documentation of closure activities will be provided to WCDPHE.
16. The facility shall comply with the accepted Groundwater Monitoring Plan.
17. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event the stormwater is not adequately controlled on the site,
upon written notification from the WCDPHE or CDPHE, a comprehensive site-wide
Stormwater Plan shall be developed and implemented. The plan must be approved, in
writing by the WCDPHE or CDPHE, prior to implementation.
18. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with the accepted Waste Handling
Plan and with Chapter 14, Article I of the Weld County Code, at all times.
19. Fugitive dust and fugitive particulate emissions should be controlled on this site. Fugitive
Dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations.
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20. 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
or with all applicable state noise statutes and/or regulations.
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
(HAP's) and Volatile Organic Compounds (VOC's). All chemicals must be stored secure,
on an impervious surface, and in accordance with manufacturer's recommendations.
22. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on the site for less
than two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers
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.
24. The applicant shall submit an Air Pollution Emission Notice (APEN) and acquire an
Emissions Permit from the Air Pollution Control Division (APCD), Colorado Department of
Public Health and Environment, if applicable. Alternately, the applicant may provide
evience 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.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. 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.
27. 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.
28. The historical flow patterns and runoff amounts will be maintained on the site.
29. Weld County is not responsible for the maintenance of on-site drainage related features.
30. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
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31. The right-of-way or easement shall be graded and drained to provide an all-weather
access.
32. There shall be no tracking of dirt or debris from the site onto publically maintained roads.
The applicant is responsible for mitigation of any off-site tracking and maintaining on-site
tracking control devices.
33. 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.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
38. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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