HomeMy WebLinkAbout20151041.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0087, 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-TIMBRO RANCH AND CATTLE, LLC, C/O WHITING OIL AND GAS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 22nd day
of April, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Timbro Ranch and Cattle, LLC, 5566 S. Sycamore Street, Littleton,
CO 80120, do Whiting Oil and Gas, 1700 Broadway, Suite 2300, Denver, CO 80290, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0087, 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 the
following described real estate, being more particularly described as follows:
Section 26, Township 10 North, Range 58 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and represented by Kevin
Pittman, 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) 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."The site is in
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a rural agricultural area. 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) 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.
3) Section 22-4-140.8.1 (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.
Conditions of Approval and (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. Section 23-3-40.A.2 of the Weld County
Code allows Mineral Resource Development Facilities, Oil and Gas
Support and Service (Class II Oilfield Waste Disposal Facility — saltwater
injection facility) as a Use by Special Review Permit in the A (Agricultural)
Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. A letter of objection,
dated February 10, 2015, was received from Hopkins & Huebner, P.C. on
behalf of an adjacent property owner (Joan Stanley — sole member of GJ
Flattop LLC). The two concerns/objections listed were: 1) concerns
regarding contamination of well water due to above ground spills and/or
leaking below ground pipes and 2) the potential for increased dust and
road damage from trucks accessing the site. There are a number of
Conditions of Approval (Groundwater Monitoring Plan and requirement for
a concrete unloading pad) to address the potential for spills and/or
leaking pipes. A Road Maintenance and Improvements Agreement is
required to address the potential for future road damage and a Dust
Abatement Plan has been submitted by the applicant.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning and with the future development, as projected by
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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 (IGA) Area of a municipality.
E. Section 23-2-230.6.5 -- 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 22 acres
delineated as "Other" and "Prime if Irrigated," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
parcel that the facility will be located on is not irrigated.
G. Section 23-2-230.B.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 Timbro Ranch and Cattle, LLC, do Whiting Oil
and Gas, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0087, 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 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 submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1) A list of wastes which are expected to be generated on-site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored
on-site.
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3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
4) Solids and sediment will accumulate in the storage tanks. The
Waste Handling Plan shall include a detailed plan that describes
the method of how those solids will be removed, including all
on-site handling procedures.
5) The Waste Handling Plan shall provide a commitment to notify the
Weld County Department of Public Health and Environment, in
writing, in the event the plan is amended. The plan shall be
reviewed and approved by the Weld County Department of Public
Health and Environment.
B. An Improvements Agreement and Road Maintenance Agreement is
required for this site. Road maintenance, including dust control, damage
repair, specified haul routes and future triggers for improvements will be
included.
C. The applicant shall complete a Nonexclusive License Agreement for the
Upgrade and Maintenance of Weld County Right-of-Way County Road
(CR) 133 and CR 114.
D. A Final Drainage Report, with a Certificate of Compliance stamped and
signed by a Professional Engineer registered in the state of Colorado, is
required.
E. The applicant shall attempt to address the comments of the West Greeley
Soil Conservation District, as stated in the referral dated January 22,
2015. Written evidence of such shall be provided to the Department of
Planning Services.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0087.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the
map.
5) Site Lighting.
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6) Signs shall be in compliance with Chapter 23, Article IV, Division II
and Appendices 23-C, 23-D and 23-E of the Weld County Code.
7) The applicant shall show the approved access(es) on the map and
label with the approved Access Permit number (AP15-00091).
8) The applicant shall specifically indicate on the plat any
right-of-way and/or easements and indicate whether they are
dedicated, private, or deeded and label with recorded document,
book and page and/or reception number to provide adequate
access to the parcel.
9) The applicant shall show and label standard tracking control onto
publically maintained roadways on the map.
10) The applicant shall show the accepted water quality feature on the
map with volume and label as WATER QUALITY FEATURE,
NO-BUILD OR STORAGE AREA.
11) The applicant shall show and label the drainage flow arrows and
parking and circulation on the map.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
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5. Prior to the Release of Building Permits:
A. The applicant shall submit a Groundwater Monitoring Plan, and the
Groundwater Monitoring Plan shall be approved by Weld County
Department of Health and Environment. Evidence of such shall be
submitted, it writing, to the Department of Planning Services.
B. The facility shall post financial assurance with the Colorado Oil and Gas
Conservation Commission (COGCC). The financial assurance shall be
adequate to cover a third-party closure of the facility, including the
plugging and abandonment of the well, in accordance with industry
standards, and the removal of all structures (including concrete) on the
facility. The site shall be returned to its original grade. The facility shall
submit evidence to Weld County Department of Public Health and
Environment that the appropriate financial assurance has been obtained.
C. Detailed Plans for a concrete unloading pad shall be submitted for
acceptance. A leak detection system shall be designed and installed
beneath the 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). Plans shall be submitted to, and
accepted by, Weld County Department of Public Health and Environment.
D. Detailed plans for the concrete secondary containment structure for all
storage and processing tanks shall be submitted for acceptance.
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. The Weld
County Department of Public Health and Environment will consider
structures other than concrete, 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. Plans shall be submitted
to, and accepted by, the Weld County Department of Public Health and
Environment.
6. 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.
B. A Right-of-way Permit is required for any work within the public
right-of-way.
C. A Special Transport Permit is required for any over size or over weight
vehicles.
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7. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with
the Office of Emergency Management (OEM) 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. The
applicant shall submit evidence of acceptance to the Department of
Planning Services.
8. Within six (6) months of Operation:
A. A Professional Engineer certified and signed copy of the Spill Prevention,
Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be provided to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment.
B. The applicant shall submit documentation to the Weld County Department
of Public Health and Environment that the facility was constructed in
accordance with the application materials.
9. 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 22nd day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
((�.��,tt WELD COUNTY, CO LRADO
ATTEST: G.a�W/ JC�ito',,k }G[ Nor l!c l i�F-fl L. c_
arbara Kirkmeyer, Chair
Weld County Clerk to the Board 7fi . 1 0O —
' Mike Freeman, Pro-Tem
BY c �—
D-.0 C erk to t Board ` ) . �,a �—�—
.ean P. Con :y
O.
APPROVED AS TO FORM: J 361 '! ;rtt;; _.i .
i 4 ` ''
Cozad
County Attorney , ( ' 111. EXCUSED
&7 / T- Steve Moreno
Date of signature: `1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIMBRO RANCH AND CATTLE, LLC, CIO WHITING OIL AND GAS
USR14-0087
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0087, is
for or 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, 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 Emergency Action and Safety Plan shall be reviewed on an annual basis by the
Facility operator, the Fire District and the Weld County Office of Emergency
Management.
5. The signage on the site shall be maintained in accordance with Chapter 23, Article IV
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. 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 (WCDPHE) upon request. The
WCDPHE reserves the right to require 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. 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.
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12. The facility shall comply with the approved Groundwater Monitoring Plan.
13. 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.
14. 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 applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
15. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
16. 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.
17. 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 (HAPs) and Volatile Organic Compounds (VOCs). All chemicals must be
stored securely, on an impervious surface, and in accordance with manufacturer's
recommendations.
18. 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-site for less than
two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
19. A current Professional Engineer certified and signed Spill Prevention, Control and
Countermeasure Plan shall be available on-site, at all times.
20. Weld County Department of Public Health and Environment 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 Weld County Department of
Public Health and Environment.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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22. 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.
23. 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.
24. The historical flow patterns and runoff amounts will be maintained on the site.
25. Weld County is not responsible for the maintenance of on-site drainage related features.
26. 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 2011 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing
the wet stamp of a Colorado registered architect or engineer must be submitted for
review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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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