HomeMy WebLinkAbout20150134.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0069, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
OIL AND GAS SUPPORT FACILITY, INCLUDING A CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - COLORADO STATE LAND BOARD, C/O
BILL BARRETT CORPORATION
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 21st day
of January, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Colorado State Land Board, do Bill Barrett Corporation, 1127
Sherman Street, Suite 300, Denver, CO 80203, for a Site Specific Development Plan and Use
by Special Review Permit, USR14-0069, for Mineral Resource Development Facilities, Oil and
Gas Support Facility, including a 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, SUBX14-0015, being part
of the W1/2 of Section 36, Township 5 North,
Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Doug Dennison, Bill
Barrett Corporation, 33105 CR 33, Greeley CO, 80631, 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 22-4-140.A (EP.Goal 1) states: "Encourage the
minimization of mineral resource exploration and production waste
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and require the safe disposal of it;" and (EP.Policy 1.1) states:
"Due to the impacts from surface impoundments and increasing
public concern about them, other alternatives for disposal should
be considered." The proposal is for a Class II Brinewater Injection
Well and associated facilities.
2) Section 22-4-140.6 (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." This
proposal has been reviewed by the appropriate referral agencies
and it has been determined that the attached Conditions of
Approval and Development Standards ensure that there are
adequate provisions for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and county.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code provides for Mineral Resource Development Facilities, Oil and Gas
Support and Service, including a Class II Oilfield Waste Disposal Facility -
Saltwater Injection Facility as a Use by Special Review in the
A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is bordered
by agricultural uses, predominately grazing and rangelands with sparsely
populated residential development. There are two (2) property owners
within 500 feet of this proposed facility. There are no residences in the
general area, with the nearest residence more than one (1) mile from the
site. No letters, telephone calls or electronic mail from adjacent or
surrounding property owners or interested persons have been received.
Conditions of Approval and Development Standards will ensure that this
use will be compatible with surrounding land uses.
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 three miles 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.
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F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of Weld
County, dated 1979, designated the soils on the Salt Water Disposal Site,
as "Other Lands." Therefore, no "Prime" agricultural lands will be taken
out of production.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of 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 Colorado State Land Board, c/o Bill Barrett
Corporation, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0069, for Mineral Resource Development Facilities, Oil and Gas Support Facility,
including a 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 USR Map:
A. The Map shall be amended to delineate the following:
1. All sheets of the USR Map shall be labeled USR14-0069.
2. The USR Map shall be prepared per Section 23-2-260.D of the
Weld County Code.
3. The attached Development Standards.
4. The County Road (CR) 56 Section Line is estimated to have
60 feet of unmaintained County line right-of-way. The applicant
shall verify the existing right-of-way and the documents creating
the right-of-way and this information shall be noted on the plat. All
setbacks shall be measured from the edge of right-of-way.
5. The applicant shall show the approved Non-exclusive License
Agreement on the plat and label it with the recorded reception
number and date.
6. The applicant shall show the approved access on the plat and
label with the approved Access Permit Number (AP14-00069).
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7. The applicant shall indicate specifically on the plat the type of
right-of-way/easement and indicate whether it is dedicated,
private, or deeded to provide adequate access to the parcel.
8. The applicant shall show and label standard tracking control onto
publically maintained roadways on the map.
9. The applicant shall show the accepted water quality feature on the
map and label as "Water Quality Feature, No-Build or Storage
Area", as well as the design volume.
10. The map identifies CR 54 as CR 56, one mile north of the site.
This should be changed to CR 54.
B. An Off-site Improvements and Road Maintenance Agreement is required
for this site. Road maintenance, including dust control, damage repair,
and triggers for improvements, will be included.
C. The applicant shall complete a Non-exclusive License Agreement for the
upgrade and maintenance of CR 56 Right-of-Way.
D. The applicant shall submit a Waste Handling Plan to the Weld County
Department of Public Health and Environment, for review and approval.
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.
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 (WCDPHE). Evidence of Department
approval shall be submitted, in writing, to the Weld County
Department of Planning Services.
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E. The applicant shall submit two (2) paper copies of the map or one
electronic copy (.pdf) of the same for preliminary approval to the Weld
County Department of Planning Services.
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. 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.
4. 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.
5. Prior to the Release of Building Permits:
A. The applicant shall submit evidence of an APEN and Emissions Permit
Application from the Air Pollution Control Division (APCD), 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.
B. The applicant shall submit a Groundwater Monitoring Plan to the Weld
County Department of Public Health and Environment for review and
approval. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
C. The facility shall post financial assurance with the Colorado Oil and Gas
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
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be returned to its original grade. The facility shall submit evidence to the
WCDPHE that the appropriate financial assurance has been obtained.
D. A Detailed Closure Plan shall be submitted to the WCDPHE. The
Closure Plan shall include a description of the manner in which the well
will be plugged and abandoned, as well as specific details regarding
reclamation of the property. No structures or equipment associated with
the facility shall remain on the property following closure
E. 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) and sump(s). The plans and
engineered drawings will be stamped and signed by a Colorado
registered professional engineer. Plans shall be submitted to, and
accepted by, the WCDPHE.
F. 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 WCDPHE
will consider structures other than concrete, provided a Colorado
registered professional engineer 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 WCDPHE.
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 Construction Storm Water Permit is also required with the State for
disturbing more than one (1) acre. The applicant can contact the
Colorado Department of Public Health and Environment, Water Quality
Control Division, Rik Gay, 303-692-3575.
C. A Right-of-Way Permit is required for any work within the public
right-of-way.
D. 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 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. Evidence of
acceptance shall be submitted 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 WCDPHE.
B. The applicant shall submit documentation to the WCDPHE that the facility
was constructed in accordance with the application materials
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of January, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COL RADO
ATTEST: Cv/C� f1
arbara Kirkmeyer, C lair
Weld County Clerk to the Board e
Mike Freeman, Pro-Tern
BY De it/ Clerk the oard •
Demi
r
La Sean P. Co way -
APPROVED AASS TO FORM. iut I•
fl lie A. ozad
.. .�
County Attorney ij ti, ,
2/4
,� I Steve Moreno
Date of signature: i
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COLORADO STATE LAND BOARD
C/O BILL BARRETT CORPORATION
USR14-0069
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0069, is
for Mineral Resource Development Facilities, Oil and Gas Support Facility, including a
Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility in the
A (Agricultural) Zone District, as indicated in the application materials on file and subject
to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. No disposal of waste, other than Class II, as currently defined by the Environmental
Protection Agency, is permitted. Any changes from the approved Class II Use will
require an amendment to this Use by Special Review Permit.
4. All liquid wastes received at the facility shall be unloaded on the unloading pad. The
unloading/loading pad leak detection system shall be constructed and operated in
accordance with the approved design. The unloading pad shall be 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.
5. Analytical Waste Data and Environmental Monitoring Data shall be made available to the
Weld County Department of Public Health and Environment (WCDPHE), upon request.
The WCDPHE reserves the right to require additional monitoring.
6. 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.
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
8. Any 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 WCDPHE review, upon request. All spills will be reported to local, state
and federal agencies in accordance with all state and federal regulations.
9. The facility shall comply with the approved Groundwater Monitoring Plan.
10. 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 Colorado Department of Public Health
and Environment (CDPHE), a comprehensive site-wide Stormwater Plan shall be
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developed and implemented. The plan must be approved, in writing, by the WCDPHE or
CDPHE, prior to implementation.
11. 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 approved Waste Handling
Plan, at all times.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the approved Dust Abatement Plan, at all times.
13. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code, or with
all applicable State noise statutes and/or regulations.
14. 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 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 WCDPHE. Portable toilets
shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
15. 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.
16. A current professional engineer certified and signed copy of the Spill Prevention, Control
and Countermeasure Plan shall be available on-site, at all times.
17. The operation shall comply with all Colorado Oil and Gas Conservation Commission
rules and regulations.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. The property owner or operator shall provide written evidence of an Emergency Action
and Safety Plan on or before March 15th of any given year, signed by representatives of
the Fire District and the Weld County Office of Emergency Management to the
Department of Planning Services.
20. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
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21. The right-of-way or easement shall be graded and drained to provide an all-weather
access.
22. 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.
23. The historical flow patterns and runoff amounts will be maintained on the site.
24. Weld County is not responsible for the maintenance of on-site drainage related features.
25. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
26. Hours of operation are twenty-four (24) hours each day, seven (7) days per week, 365
days per year.
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.
28. Building permits issued on the property will be required to adhere to the fee structure of
the County-Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee
Programs.
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.
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32. 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 plat and recognized at all times.
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