HomeMy WebLinkAbout20151042.tiff EXHIBIT
BEFORE THE WELD COUNTY . CO
LORADO PLANNING COMMISSI i
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI 1911,
Moved by Joyce Smock, that the following resolution be introduced for passage by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER. USR14-0087
APPLICANT_ TIMBRO RANCH & CATTLE . LLC. CIO WHITING OIL AND GAS
PLANNER. CHRIS GATHMAN
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 : ALL OF SECTION 26. T10N. R58W EXC SW4SW4 OF THE 6TH P.M. WELD
COUNTY. COLORADO.
LOCATION. ONE MILE SOUTH OF CR 116. ONE MILE EAST OF CR 127
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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. "
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.
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. 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
)?O/ 5 Z/07)
RESOLUTION USR14-0087
TIMBRO RANCH & CATTLE. LLC. C/O WHITING OIL AND GAS
PAGE 2
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. Also, 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 23-2-220,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_
E . Section 23-2-220.A. 5 -- The application complies with Chapter 23, Article V, of the Weld County
Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital
Expansion Impact Fee area.
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 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 23-2-220.A.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 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 Planning Commission recommendation for approval is conditional upon the following:
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 & 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.
3. The waste handler and facility where the waste will be disposed (including the facility name.
address. and phone number). (Department of Environmental Health)
RESOLUTION USR14-0087
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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 . (Department of Public Works)
C . The applicant shall complete a Nonexclusive License Agreement for the Upgrade and
Maintenance of Weld County Right-of-Way (County Road 133 and County Road 114).
(Department of Planning Services - Engineer)
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. (Department of Planning Services -
Engineer)
E . The applicant shall attempt to address the comments of the West Greeley Soil Conservation
District as stated in their referral dated January 22. 2015. Written evidence of such shall be
provided to the Department of Planning Services. (West Greeley Soil Conservation District)
F. The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR14-0087 (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 applicant shall delineate on the map the trash collection areas. (Department of
Planning Services)
5. Site Lighting. (Department of Planning Services)
6. Signage. 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. . (Department of Planning
Services)
7. Show the approved access(es) on the map and label with the approved access permit
number (AP11 -00363). (Department of Planning Services - Engineer)
8 . The applicant shall indicate specifically 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 . (Department of Planning Services - Engineer)
9. Show and label standard tracking control onto publically maintained roadways on the
map. (Department of Planning Services - Engineer)
10 . 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)
11 . Show and label the drainage flow arrows and parking and circulation on the map.
(Department of Planning Services — Engineer)
RESOLUTION USR14-0087
TIMBRO RANCH & CATTLE . LLC. C/O WHITING OIL AND GAS
PAGE 4
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 sent to
maps@eco.weld.co. us. (Department of Planning Services)
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_ (Department of Public
Health and Environment)
B . The facility shall post financial assurance with the 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 . (Department of Public Health and Environment)
C. A Detailed Closure Plan shall be submitted to Weld County Department of Public H a#th and
Environment and the Colorado Oil and Gas Conservation Commission. The Closure Plan shall
include a descr+pti
specific details regarding reclamation- of the property. No structures or equipment-associated with
the facility shall -remain on the property following closure. (Department of Public Health and
Environment)
D. 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. (Department of Public Health and
Environment)
E . 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 Weld County Department of Public Health
and Environment. (Department of Public Health and Environment)
RESOLUTION USR14-0087
TIMBRO RANCH & CATTLE, LLC. C/O WHITING OIL AND GAS
PAGE 5
6. 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. (Department of Planning Services - Engineer)
B. Right of way permit is required for any work within the public right of way. (Department of
Planning Services - Engineer)
C . Special transport permit is required for any over size or over weight vehicles. (Department of
Planning Services - Engineer)
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)
8. Within 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, Pad 112
shall be provided to Environmental Health Services Division of the Weld County Department of
Public Health and Environment. (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.
(Department of Public Health and Environment)
3- Prior to the issuance of- he Certificate of Occupancy:
A. An on -site waste water treatment system is required for the proposed facility and shall be installed
according to the Weld County On site Waste water Treatment System (O.W.T.S.) Regulations.
The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County O.W.T.S. Regulations. (Department of Public Health and
Environment)
10. 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)
Motion seconded by Benjamin Hansford .
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
RESOLUTION USR14-0087
TIMBRO RANCH & CATTLE. LLC. C/O WHITING OIL AND GAS
PAGE 6
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I , Kristine Ranslem, Recording Secretary for the Weld County Planning Commission. do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado. adopted on March 17 , 2015.
Dated the 17th of March, 2015.
/� Digitally signed by Kristine Ranslem
`�` heint-, 7" itildigfru Date: 2015.03.23 07:38:29 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Whiting Oil and Gas
USR14-0087
1 . A Site Specific Development Plan and Use by Special Review Permit. USR14-0087. 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. 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. (Department of Planning Services)
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. (Department of Planning Services)
6. No disposal of waste. other than Class I I . 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)
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 unlading pad free
of ice. (Department of Public Health and Environment)
8. Analytical waste data and environmental monitoring data shall be made available to Weld County
Department of Health and Environment (WCDPHE) upon request. The Weld County Department of Health
and Environment reserves the right to require additional monitoring. (Department of Public Health and
Environment)
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 . (Department of Public Health and Environment)
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. (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 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 . The facility shall comply with the approved Groundwater Monitoring Plan. (Department of Public Health
and Environment)
13. 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)
RESOLUTION USR14-0087
TIMBRO RANCH & CATTLE. LLC. 0/0 WHITING OIL AND GAS
PAGE 8
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. (Department of Public Health and
Environment)
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. (Department of Public
Health and Environment)
16. This-facility shall-adhere to the maximum permissible noise levels allowed in -the non-specked Zone
District as-delineated in Section 14 9 30 of the Weld County Code. The operation shall comply with all
applicable State noise statutes and/or regulations. (Department of Public Health and Environment)
17. Any-vehicle-or equipment washing areas -s-half-capture-all-effluent-and prevent discharges-in accordance
with the Rules and Regulations of the Water Quality Control--Commiscion, and the Environmental
Protection Agency. (Department of-P-ab14c-Health- and Environment)
18. 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)
19. 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 licensed in
Weld County and shall contain hand sanitizers (Department of Public Health and Environment)
20. A current professional engineer certified and signed Spill Prevention, Control and Countermeasure Plan
shall be available on site, at all times. (Department of Public Health and Environment)
21 . 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. Upon closure. the facility will conduct a soil and
groundwater assessment and will conduct remediation activities, as necessary. 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. (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. 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)
24 . 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)
25. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
26. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
RESOLUTION USR14-0087
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PAGE 9
27 . 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 . (Department of Building Inspection)
28 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31 . 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.
32 . 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,
RESOLUTION USR14-0087
TIMBRO RANCH & CATTLE. LLC. CIO WHITING OIL AND GAS
PAGE 10
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.
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEET I 13
-Jr
Tuesday, March 17, 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1 :30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Terry Cross.
Absent: Michael Wailes, Nick Berryman.
Also Present: Chris Gathman, Diana Aungst and Steve Elkins, Department of Planning Services; Wayne
Howard, Department of Planning Services — Engineering Division; Lauren Light, Department of Health;
Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the March 3, 2015 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: USR14-0087
APPLICANT: TIMBRO RANCH & CATTLE, LLC, CIO WHITING OIL AND GAS
PLANNER: CHRIS GATHMAN
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: ALL OF SECTION 26, T10N, R58W EXC SW4SW4 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: ONE MILE SOUTH OF CR 116; ONE MILE EAST OF CR 127.
Chris Gathman, Planning Services, presented Case USR14-0087, reading the recommendation and
comments into the record. Mr. Gathman noted that a letter was received in opposition for this case. The
letter outlined concerns with contamination of well water due to above ground spills, leaking of below
ground pipes, the potential for increased dust and road damage from trucks. Mr. Gathman added that he
received a phone call from a surrounding property owner with concerns of increased oil and gas traffic.
The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Ms. Barbare suggested removal of Condition of Approval
8.A and moving Condition of Approval 5.C to Development Standard 21 . Additionally, Ms. Barbare
recommended removing Development Standard 17 and amending Development Standard 16 to read
"The operation shall comply with all applicable State noise statutes and/or regulations."
Commissioner Maxey clarified if Condition of Approval 8.A is the correct condition to be deleted. After
further research, Ms. Barbare clarified that Condition of Approval 9.A regarding the requirement of an on-
site waste water treatment system should be removed and Condition of Approval 8.A should remain in the
report.
Kevin Pittman, Whiting Oil and Gas, 1700 Broadway Suite 2300, Denver, Colorado, stated that they are
proposing a saltwater injection well. He stated that there is a pipeline system in place to transport water
to the proposed facility. Mr. Pittman stated that the closest injection facility is approximately 24 miles
away from this proposed facility. He said that they will be reducing truck traffic by piping water to the
facility.
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Commissioner Maxey referred to the closest residence of the proposed facility and asked if there is an
estimated time of when these five (5) trucks will be off the road and the water will all be piped in. Mr.
Pittman said that they intend to bring in the water by pipeline from day one. He added that the trucks are
a backup plan.
Commissioner Maxey referred to a letter that was received on behalf of the Vectra Energy Operating
group and asked how their concerns will be addressed. Charles Ohlson, 1700 Broadway Suite 2300,
Denver, Colorado stated that they received this letter with their concerns. He stated that they have
reached out to them and all parties have agreed to a future date to work out these concerns.
Commissioner Maxey noted that the Board of County Commissioner hearing is scheduled for April 22nd
and encouraged the applicants to work these concerns out prior to that hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair referred to the amendments requested by the Health Department and asked staff to clarify the
changes.
Motion: Delete Condition of Approval 9 as recommended by staff, Moved by Benjamin Hansford,
Seconded by Bruce Sparrow. Motion carried unanimously.
Motion: Delete Development Standard 17 as recommended by staff, Moved by Benjamin Hansford,
Seconded by Bruce Johnson. Motion carried unanimously.
Motion: Amend Development Standard 16 to read "The operation shall comply with all applicable State
noise statutes and/or regulations", Moved by Jordan Jemiola, Seconded by Benjamin Hansford. Motion
carried unanimously.
Motion: Move Condition of Approval 5.C to Development Standard 21 and read as follows "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. Upon closure, the facility will conduct a soil and groundwater assessment and
will conduct remediation activities, as necessary. 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" Moved by Benjamin Hansford, Seconded by Bruce Johnson. Motion
carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR14-0087 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Joyce Smock, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Terry Cross.
Meeting adjourned at 6:05 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
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Date: 2015.03.23 07:36:38 -06'00'
Kristine Ranslem
Secretary
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