HomeMy WebLinkAbout20151072.tiff LAND USE APPLICATION
L III SUMMARY SHEET
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Planner: Kim Ogle
Case Hearing Date: April 7, 2015
Number: USR15-0007
Applicant: 70 Ranch LLC, 5460 So. Quebec Street, Greenwood Village, Colorado 80111
c/o NGL Water Solutions DJ, LLC, 3773 Cherry Creek North Drive, Denver, CO 80209
Representative: Ted Lopez, M3 Construction, 2861 W 120`"Avenue, Suite 250, Westminster, CO 80234
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 and a tank storage area with containment) in the A
(Agricultural)Zone District
Legal
Description: SUBX15-0003 being part of the E2 of Section 27,Township 5 North, Range 63 West of the
6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 69 section line; approximately 470 feet North of
County Road 52 section line, on the 70 Ranch LLC property
Parcel Number: 0965-27-1-00-022 Size of Parcel: 34.98 acres+/-
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' has received responses from the following agencies with comments:
• Bijou Canal, referral dated February 20, 2015
Weld County Department of Public Health and Environment, referral dated March 10, 2015
• Weld County Planning — Engineer, referral dated March 13, 2015
The Department of Planning Services'has received responses from the following agencies without comments:
• Weld County Code Compliance, referral dated February 12, 2015
• Platte Valley Fire Protection District, referral dated February 13, 2015
• State of Colorado, Division of Parks and Wildlife, referral dated February 19, 2015
• State of Colorado, Division of Water Resources, referral dated February 23, 2015
• Weld County Department of Public Works—Access, referral dated March 16, 2015
USR15-0007,NGL WATER SOLUTIONS DJ,LLC-Salt Water Injection Facility
70 Ranch LLC,page 1
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Riverside Intake Canal
▪ Weld County Sheriff's Office
➢ Weld County Schools RE-7
➢ West Greeley Soil Conservation District
➢ Weld County Department of Building Inspection
➢ Weld County Office of Emergency Management
Colorado Oil and Gas Conservation Commission
➢ State of Colorado Department of Public Health and Environment
Narrative:
The proposed disposal facility will accept Class II brinewater for disposal,operating 24 hours a day 365 days a
year accommodating on average 160 trucks per 24 hour period. The facility will employ up to ten total
employees in a 24 hour period with no more than five employees full time on site at anytime.A tanker washout
component is also present on site to clean the interior of the water tanker trucks. Initially the facility will include
a pump house building,a concrete containment area,and a concrete truck offload pad with a canopy covering
part of the offload pad. The pump building will include a 1200 square foot occupied space that will include a
break room, restrooms and an office. A commercial well will be for potable water and the disposal of sewage
will be handled by a commercial onsite waste water treatment system. The facility will be fenced in three
strand barb wire and there will be a facility sign posted for identification and emergency contact information.
At the conclusion of operations,the disposal system tank farm, offload bays,and processing buildings will be
removed once the processing facility is terminated. All tanks and associated piping will be removed and
disposed of off-site. The site will be re-graded to match surrounding site grading for required drainage
patterns. Any contaminated soils will be removed and disposed of off-site at an approved facility.
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-4-140.A. EP.Goal 1.states
"Encourage the minimization of mineral resource exploration and production waste 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.
Section 22-4-140.B. EP.Goal 2. 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.
USR15-0007,NGL WATER SOLUTIONS DJ,LLC-Salt Water Injection Facility
70 Ranch LLC,page 2
Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that
these basic rights and protections allow the free market to prosper and grow the local
economy. 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 23-2-220.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 provides for Mineral Resource
Development Facilities, Oil and Gas Support and Service including a Class II Oilfield Waste
Disposal Facility-Saltwater Injection Facility and a Truck Tanker Washout Facility as a Use
by Special Review in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is bordered by rangeland and limited agricultural uses,with
sparsely populated residential development. There are no residences in the general area
with the nearest residence more than one-half mile south of the site. Oil and gas facilities are
existing encumbrances on this parcel and adjacent properties. Staff has received no letters,
telephone calls, electronic mail from adjacent or surrounding property owners or interested
persons for this application. Staff did speak with an adjacent property owner prior to receipt
of the application concerning the proposal and potential impacts to the ground water,
irrigation ditch and aquifer; traffic across his property was also a concern. Development
Standards and Conditions of Approval will ensure that this use will be compatible with
surrounding land uses.
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)or Coordinated
Planning Area (CPA)of a municipality.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County Road Impact
Fee Area and the Capital Expansion Impact Fee area.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County-wide Road Impact Fee Program.
Building Permits issued on the proposed lots,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 soils designated as "Other Land" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map.
G. Section 23-2-220.A.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
health, safety, and welfare of the inhabitants of the neighborhood and County.
USR15-0007,NGL WATER SOLUTIONS DJ,LLC-Salt Water Injection Facility
70 Ranch LLC,page 2
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the USR Map:
A. The Map shall be amended to delineate the following:
1. All sheets of the USR Map shall be labeled USR15-0007. (Department of Planning
Services)
2. The USR Map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. Show the approved access on the map and label with the approved access permit
number (AP15-00054). (Department of Public Works-Access)
5. Show and label the accepted drainage features,drainage flow arrows,turning radii,
and parking and circulation on the map. (Department of Planning Services —
Engineer)
6. 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. (Department of
Planning Services— Engineer)
7. Storage tank areas shall be designated on the USR Map. (Department of Public
Health and Environment)
B. An Improvements Agreement and Road Maintenance Agreement is required for offsite
improvements. Road maintenance including dust control, damage repair, and triggers for
improvements will be included. (Department of Planning Services - Engineer)
C. The applicant shall submit written evidence of a commercial well to Weld County Department
of Public Health and Environment. (Department of Public Health and Environment)
D. 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).
4. Solids and sediment will accumulate in the storage tanks and will be generated onsite.
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.
USR15-0007,NGL WATER SOLUTIONS DJ,LLC-Salt Water Injection Facility
70 Ranch LLC,page 3
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. (Department of Public Health and Environment)
E. 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)
F. The applicant shall address the concerns of the Bijou Irrigation System as stated in their
referral dated February 20,2015,specific to the likelihood that this type of facility will have an
adverse effect to the water in the River and/or to any downstream water users. (The Bijou
Irrigation System)
G. 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.
(Department of Planning Services)
2. Upon completion of Condition of Approval No.1. above,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 Department of Planning Services' Staff. 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. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the Map not
be recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners approval was signed a$50.00 recording continuance charge may be added for each
additional 3 month period. (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. 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. Evidence of such shall be
submitted, in writing, to the Department of Planning Services. (Department of Public Health
and Environment)
B. 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,
USR15-0007,NGL WATER SOLUTIONS DJ,LLC-Salt Water Injection Facility
70 Ranch LLC,page 4
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)
6. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system (OWTS)is required for the proposed facility and shall
be installed according to the Weld County OWTS Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according to the Weld
County OWTS Regulations. (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)
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)
USR15-0007,NGL WATER SOLUTIONS DJ,LLC-Salt Water Injection Facility
70 Ranch LLC,page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
70 Ranch LLC
do NGL Water Solutions DJ, LP
USR15-0007
1. The Site Specific Development Plan and Special Review Permit, USR15-0007, for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility-
Saltwater Injection Facility and a tank storage area with containment) in the A (Agricultural) Zone
District, as indicated in the application materials on file and 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. 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. (Department of Public Health and Environment)
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 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)
5. Analytical waste data and environmental monitoring data shall be made available to Weld County
Department of Health and Environment upon request. The Weld County Department of Health and
Environment reserves the right to require additional monitoring. (Department of Public Health and
Environment)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
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 onsite for Weld County
Department of Public Health and Environment 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)
9. 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
USR15-0007,NGL WATER SOLUTIONS DJ,LLC-Salt Water Injection Facility
70 Ranch LLC,page 6
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)
10. The facility shall comply with the approved Groundwater Monitoring Plan. (Department of Public Health
and Environment)
11. All tanks will be labeled in accordance with Colorado Oil and Gas Conservation Commission and NFPA
requirements. (Department of Public Health and Environment)
12. 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 Weld County Department of Public Health and Environment or Colorado Department of Public
Health and Environment, a comprehensive site-wide Stormwater Plan shall be developed and
implemented. The plan must be approved, in writing by the Weld County Department of Public Health
and Environment or Colorado Department of Public Health and Environment, prior to implementation.
(Department of Public Health and Environment)
13. Waste materials shall be handled, stored,and disposed 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. (Department of Public Health and
Environment)
14. 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. (Department of Public Health and
Environment)
15. The operation shall comply with all applicable State noise statutes and/or regulations. (Department of
Public Health and Environment)
16. 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 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)
17. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems. (Department of Public Health and Environment)
18. A permanent,adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the private water supply. (Department of Public Health and Environment)
19. 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)
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. 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)
USR15-0007,NGL WATER SOLUTIONS DJ,LLC-Salt Water Injection Facility
70 Ranch LLC,page 7
22. 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 for the Fire District and the Weld
County Office of Emergency Management to the Department of Planning Services. (Department of
Planning Services)
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)
27. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
28. Hours of operation are twenty-four(24)hours each day, seven (7)days per week—365 days per year.
(Department of Planning Services)
29. Buildings,equipment and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:
2006 International Energy Code; 2012 International Fuel Gas Code; 2011 National Electrical Code;
2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
29. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County-wide Road Impact Fee Program and the County Facility Fee and Drainage Impact Fee Program.
(Department of Planning Services)
30. 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. (Department of
Planning Services)
31. 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. (Department of Planning Services)
32. 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. (Department of Planning Services)
33. 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
USR15-0007,NGL WATER SOLUTIONS DJ,LLC-Salt Water Injection Facility
70 Ranch LLC,page 8
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment;slow-moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement,silage and manure;smoke from ditch burning;flies and mosquitoes;hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S.,provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand(4,000)square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700)miles of state and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of the
County, and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines,territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR15-0007,NGL WATER SOLUTIONS DJ,LLC-Salt Water Injection Facility
70 Ranch LLC,page 9
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970)304-6498
r �
March 06, 2015
LOPEZ TED
2861 W 120TH AVE STE 250
WESTMINSTER, CO 80234
Subject: USR15-0007 - 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 AND A
TEMPORARY TANK STORAGE AREA WITH CONTAINMENT) IN THE A (AGRICULTURAL) ZONE
DISTRICT
On parcel(s)of land described as:
PART SECTION 27, T5N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 7, 2015, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on April 22, 2015 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
�j Digitally signed by Kristine Ftinslem
Date:2015.03.06 15:08:01 -07'00'
Kim Ogle
Planner
h N DEPARTMENT OF PLANNING SERVICES
"••••• Lia fi 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970)353-6100, Ext. 3549
X ? FAX: (970)304-6498
February 11, 2015
LOPEZ TED
2861 W 120th AVE STE 250
WESTMINSTER, CO 80234
Subject: USR15-0007 - 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 AND A
TEMPORARY TANK STORAGE AREA WITH CONTAINMENT) IN THE A (AGRICULTURAL) ZONE
DISTRICT
On parcel(s)of land described as:
PART SECTION 27, T5N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signeda thiorioef Rbnslem
isdoc
feason:I am the author of this document
Date:2015.02.11 11:56:51-0700'
Kim Ogle
Planner
FIELD CHECK Inspection Date: March 7, 2015
Case Number: USR15-0007
Applicant: 70 Ranch LLC, 5460 So. Quebec Street, Greenwood Village, Colorado 80111
c/o NGL Water Solutions DJ, LLC, 3773 Cherry Creek North Drive, Denver, CO 80209
Representative: Ted Lopez, M3 Construction, 2861 W 120`"Avenue, Suite 250,Westminster, CO 80234
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 and a tank storage area with containment) in the A(Agricultural)Zone District
Legal
Description: SUBX15-0003 being part of the E2 of Section 27, Township 5 North, Range 63 West of the 6th
P.M.,Weld County, Colorado
Location: West of and adjacent to County Road 69 section line; approximately 470 feet North of County Road
52 section line, on the 70 Ranch LLC property
Parcel Number: 0965-27-1-00-022 Size of Parcel: 34.98 acres+/-
Zoning Land Use
N I AGRICULTURE N RANGELAND
E AGRICULTURE E RANGELAND W LIMITED STRUCTURES
S AGRICULTURE S RANGELAND, SERVICE ROAD AND BIJOU CANAL
W AGRICULTURE W RANGELAND
Comments:
The leasehold area lies north of the Canal and away from the service road and canal. As this is private
property Planning staff was not able to gain access to the site for inspection. County Road 69 has a
weight restricted bridge crossing the Bijou canal that is posted at 20 MPH and handles a substantial
volume of oilfield light weight truck traffic.
The access from County Road 388, off of County Road 61 is restricted by a large swing gate and has a
cattle guard in place. Traffic moving into and out of the field, and onto the 70 Ranch includes heavy haul
trucks, oil field trucks and water trucks. Speeds are kept slow to keep the dust down, and the service
road is posted.
From County Road 69 looking to the northwest onto the 70 Ranch lands, the topography sloes to the
north in the general area where the facility may be located. The Bijou Canal is wide at this location and
was conveying water on the date of the visit.
Sgn ue\\
I Access to Property
❑ Site Distance ❑ Oil&Gas Structures
❑ Ditch ❑ Topography
Note any commercial business/commercial vehicles that are operating from the site. None
Hello