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Home My WebLink About20151056.tiff EXHIBIT BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSI4 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIM. Moved by Benjamin Hansford, that the following resolution be introduced for passage b - VI VIII • Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR15-0006 APPLICANT: BOOTH LAND&LIVESTOCK COMPANY,C/O NGL WATER SOLUTIONS DJ,LLC PLANNER: KIM OGLE 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, WATER RECYCLING, A TRUCK TANKER WASHOUT FACILITY AND A TEMPORARY TANK AREA)IN THE A(AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: SUBX15-0004; PART S2 SECTION 35, T7N, R65W OF THE 6TH P.M., WELD COUNTY,COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 74;WEST OF AND ADJACENT TO CR 47. 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 22-4-140.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 and will be permitted through the Colorado Oil and Gas Conservation Commission prior to operation. 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. Section 22-4-30.A. WA.Goal.1 states "Support the development of water that is put to beneficial use, along with associated infrastructure." The proposed water recycling facility and load out facility will provide a valuable and indispensable service to oil and gas companies. The centralized location for load out minimizes the removal of agricultural land from production. 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,water recycling,a truck tanker washout facility and a tank storage area with containment as a Use by Special Review in the A(Agricultural) Zone District. / 5-/o5Co RESOLUTION USR15-0006 BOOTH LAND &LIVESTOCK COMPANY, C/O NGL WATER SOLUTIONS DJ, LLC PAGE 2 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 agricultural uses, predominately center pivot sprinklers and flood irrigated fields. Four Special Use Permits are within a mile of the proposed facility: to the northwest is a LCO for 20,000 Sheep and 3000 Cows (Harper Livestock Company)permitted via USR-799; to the Southwest is an airstrip associated with a crop dusting operation(Crop Air Inc.)permitted via USR-814;to the southeast is an LCO for 11240 cattle and 20 dairy cows(JF Cattle—Johnson Dairy)permitted via 2nd AmUSR-1282; and to the northeast is a feedlot for 2000 head of cattle(Booth Land &Livestock)permitted via SUP-395. The residential development is primarily located on the south side of County Road 74 between County Roads 45 and 47 with five residences located within 0.5 miles of the proposed facility. There are two residences in the general area with the nearest residence owned by Irvine Inc. directly south of the property, and the second residence adjacent to the property near the intersection of County Roads 74 and 47,associated with the Johnson Dairy. There are 9 residences located on 13 parcels near the intersection of County Roads 74 and 45. Two letters were received from property owners at this location. The first letter was from Dale and Marsha Trowbridge property owners located north of County Road 74 and west of and adjacent to County Road 45 who raised concerns about the safeguards of their well water,safeguards for the transient movement of injection fluids below their property, and the 160 trucks per day operating 24 hours a day. Their issue is the unknown that the injection well brings. A second letter received from Groves Farm, LLC with Dale and Marsha Trowbridge acting as managers addresses the same concerns. There are numerous oil and gas facilities and their existing encumbrances for PDC Energy on this parcel and PDC Energy and Noble Energy, Inc. on adjacent properties. Staff has received two letters of concern, and no telephone calls, electronic mail from adjacent or surrounding property owners or interested persons. It is the opinion that the 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 located within the 3-mile referral area for the Town of Eaton. The Town did not return a referral response for this application. 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, Floodplain and 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 a 26.1 acre leasehold parcel of land created between two center pivots of a 260 acre parcel of land utilized for agricultural productions. The land not associated with the facility will remain in agricultural production. The soils are predominately designated as "Irrigated Land — Not Prime" and "High Potential Dry Cropland — Prime if they become Irrigated"per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The facility is predominately located on lands designated as "Irrigated Land — Not Prime". RESOLUTION USR15-0006 BOOTH LAND& LIVESTOCK COMPANY, C/O NGL WATER SOLUTIONS DJ, LLC PAGE 3 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. 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 USR Map: A. The Map shall be amended to delineate the following: 1. All sheets of the USR Map shall be labeled USR15-0006. (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. County Road 74 is a paved road and is designated on the Weld County Road Classification Plan as an Arterial road,which requires 140 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated.All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Planning Services- Engineer) 5. Show the approved access on the map and label with the approved access permit number(AP15-00013). (Department of Planning Services- Engineer) 6. Show and label standard tracking control (double cattle guards) on the map. (Department of Planning Services—Engineer) 7. Show the accepted water quality feature on the map and label as (Water Quality Feature, No-Build or Storage Area. (Department of Planning Services—Engineer) 8. Show and label the accepted drainage features,drainage flow arrows,turning radii, and parking and circulation on the map. (Department of Planning Services — Engineer) 9. Show any proposed gate back a minimum of 75 feet from the future right of way. (Department of Planning Services- Engineer) 10. Vehicle washing areas should be designated and accurately delineated on the plat. (Department of Public Health and Environment) 11. Tank areas should be designated and accurately delineated on the plat.(Department of Public Health and Environment) B. An Improvements Agreement and Road Maintenance Agreement is required for offsite improvements at this site. Road maintenance including dust control,damage repair,specified haul routes and future triggers for improvements will be included. (Department of Planning Services- Engineer) RESOLUTION USR15-0006 BOOTH LAND& LIVESTOCK COMPANY, C/O NGL WATER SOLUTIONS DJ, LLC PAGE 4 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. 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. (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, in writing,to the Department of Planning Services. (Department of Public Health and Environment) F. 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 sent to maps©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)and sump(s). The plans and engineered drawings will be stamped and signed by a Colorado RESOLUTION USR15-0006 BOOTH LAND&LIVESTOCK COMPANY, C/O NGL WATER SOLUTIONS DJ, LLC PAGE 5 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) 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 PE. 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) 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. Contact the Planning Department for application information. (Department of Planning Services- Engineer) 7. 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 Onsite Wastewater Treatment System 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) 8. 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) B. Construction of the approved access and/or tracking control improvements is required prior to operation. (Department of Planning Services- Engineer) C. A stop sign will be required to be installed at the facility accesses onto County Road 74. (Department of Planning Services-Engineer) 9. One (1) month prior to the operation of the Recycling Facility: A. The applicant shall provide evidence of a Recycling Facility Registration and a CDPHE- approved design and operations plan. (Department of Public Health and Environment) 10. One (1) month prior to the operation of the Truck Washout Facility A. In the event vehicle or equipment washing will occur on site, the applicant shall submit documentation to demonstrate that washing area(s) shall capture all effluent and prevent discharges. (Department of Public Health and Environment) RESOLUTION USR15-0006 BOOTH LAND&LIVESTOCK COMPANY, C/O NGL WATER SOLUTIONS DJ, LLC PAGE 6 Motion seconded by Bruce Johnson. VOTE: For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross 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 April 7, 2015. Dated the 7th of April, 2015. Digitally signed by Kristine Ranslem Date:2015.04.10 08:28:54-06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS NGL Water Solutions DJ, LP, C-10 Facility USR15-0006 1. The Site Specific Development Plan and Special Review Permit, USR15-0006,for Mineral Resource Development Facilities, Oil and Gas Support and Service(Class II Oilfield Waste Disposal Facility- Saltwater Injection Facility,Water Recycling,a Truck Tanker Washout 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 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 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 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) 9. WCDPHE will be notified prior to the closure of the facility. Upon site closure,the facility will remove all wastes from the site and decontaminate all equipment,tanks, and secondary containment. 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 WCDPHE. (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 COGCC and NFPA requirements. (Department of Public Health and Environment) RESOLUTION USR15-0006 BOOTH LAND&LIVESTOCK COMPANY, C/O NGL WATER SOLUTIONS DJ, LLC PAGE 8 12. Any vehicle or equipment washing areas shall be maintained to capture all effluent and prevent discharges in accordance with all county, state and federal rules and regulations. (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) 14. 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) 15. The facility shall operate in accordance with their CDPHE-approved design and operations plan.A copy of the annual Recycling Facility Annual Reporting Form shall be submitted to WCDPHE by March 1 of each year. (Department of Public Health and Environment) 16. 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) 17. 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) 18. 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) 19. 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) 20. 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. (Department of Public Health and Environment) 21. A current professional engineer (PE) certified and signed copy Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (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. 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) RESOLUTION USR15-0006 BOOTH LAND&LIVESTOCK COMPANY, C/O NGL WATER SOLUTIONS DJ, LLC PAGE 9 24. 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) 25. 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) 26. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services- Engineer) 27. Weld County is not responsible for the maintenance of onsite drainage related features.(Department of Planning Services - Engineer) 28. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Planning Services- Engineer) 29. Hours of operation are twenty-four(24)hours each day,seven(7)days per week—365 days per year. (Department of Planning Services) 30. 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) 31. 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) 32. 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) 33. 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) 34. 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) 35. 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 RESOLUTION USR15-0006 BOOTH LAND&LIVESTOCK COMPANY, C/O NGL WATER SOLUTIONS DJ, LLC PAGE 10 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,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. PC Mobiles s 41-7115- EXHIBIT SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETI -0000 Tuesday, April 7, 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 1:32 pm. Roll Call. Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,Terry Cross. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Michelle Martin, Department of Planning Services; Wayne Howard, and Jennifer Petrik, Department of Planning — Engineering Division; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the March 17, 2015 Weld County Planning Commission minutes, Moved by Bruce Sparrow, Seconded by Joyce Smock. Motion passed unanimously. CASE NUMBER: USR15-0006 APPLICANT: BOOTH LAND & LIVESTOCK COMPANY, C/O NGL WATER SOLUTIONS DJ, LLC PLANNER: KIM OGLE 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, WATER RECYCLING, A TRUCK TANKER WASHOUT FACILITY AND A TEMPORARY TANK AREA) IN THE A (AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: SUBX15-0004; PART S2 SECTION 35, T7N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 74; WEST OF AND ADJACENT TO CR 47. Kim Ogle, Planning Services, presented Case USR15-0006, reading the recommendation and comments into the record. Mr. Ogle noted that two (2) letters of concern were received and two (2) telephone calls from interested persons. He added that the letters outlined concerns of the safeguards of their well water, amount of truck traffic, and the unknown that the injection well brings. 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. Commissioner Johnson stated that he knows the Booths and two of the people who submitted letters. He feels that he can be fair and impartial to this case. The Chair thanked him and said that if he feels he can be objective he would like to have him remain on the Board. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Doug White, NGL Water Solutions DJ LLC, 8207 W 20th Street, Greeley, stated that this project is in addition to 9 facilities and 16 injection wells in Weld County. This project is adding a recycling plant and truck washout facility. Mr. White said that they are drilling one (1) well currently and added that they are expecting to receive 10,000 gallons per day or 75 truck trips per day. They applied for 160 truck trips to accommodate future demand, the water recycling plant and the washout facility. Mr. White requested to move Condition of Approval 5.A and 5.B to Condition of Approval 8 Prior to Operation or to Condition of Approval 1 Prior to recording the USR Map. 1 Commissioner Wailes referred to the staff report and said that there will be the addition of three (3)future wells or total of four (4) wells on site. Mr. White said that they currently have one (1) well permitted and their surface lease agreement allows them to drill up to four(4)wells total. Commissioner Wailes asked if the recycling facility will be on line from the start. Mr. White said that it will not and is in response to their customers wanting access to recycling water. Commissioner Wailes asked if there will be pipeline services to the facility. Mr. White said that their customers have requested to pipe water to this facility. Commissioner Smock referred to the 75 truck trips; however the application indicates it is unlimited traffic. Ms. Smock expressed concern regarding the roads when unlimited truck traffic is requested. Mr. Howard said that the traffic study that was supplied did state 250 truck trips; however he believes that the assumption was upon full build out of that site and not upon opening of that site. He added that projections could be that traffic will increase at this site. The Road Improvements and Maintenance Agreement will cover future triggers that will warrant roadway improvements when they do meet those triggers. At this time, the facility does not trigger any improvements. As that facility grows you may see some of those triggers being met and then those roadway improvements will be made at that time. In response to Commissioner Maxey's inquiry, Mr. Howard said that they reviewed the turn lanes on County Road 74 with Public Works and at this time the traffic does not warrant turn lanes. The Chair asked if there was anyone in the audience who wished to speak for or against this application. John Johnson, Johnson Dairy, 23016 CR 74, Eaton, Colorado, stated that this project will be a disaster for them. He questioned the amount of truck trips as it was not clearly stated. Mr. Johnson said that he has an easement to bring live water down the ditch and without his permission the applicants put the culvert in for their access. He asked how Public Works granted approval without his permission to do so. He added that the entrance is too narrow and trucks will roll over as they are coming downhill with fluid. He further added that the approach has to be changed. Mr. Johnson said that the intersection at County Roads 74 and 47 will be a major intersection. He said there should be some safety measures taken with the amount of traffic along with the proposed truck traffic and added that the people need to be protected at that intersection. Mr. Johnson asked for clarification of the tank washout facility and where the washout water will go. He asked if there is a drainage permit and what it will entail and further asked if they will be required to put a containment system in. Commissioner Sparrow noted that it doesn't sound like Mr. Johnson is against it but has several unanswered questions. Mr. Johnson said that he is not against it but isn't happy that the well is already drilled and the culvert is in his easement. He asked that it be fair and done right. Dale Trowbridge, 21949 CR 74, stated that he submitted a letter. He added that he owns the property to the west. He said that the application said it is self-contained operation and asked why a groundwater monitoring well is required if it is self-contained. He said that when the groundwater is ruined you can't change or fix that like dust or noise. He agrees that traffic is an issue. Nancy Rothe, 21900 CR 74, stated that a week ago they experienced having 200 trucks at the intersection of County Roads 74 and 47. She added that there was so much noise from the brakes, honking horns, and the up and down shifting of the trucks. She said that the cruising speed on County Road 74 is 65 mph. Mr. Rothe stated that she is concerned with traffic safety issues. Steve Banwell, 39241 Bouldevard E, stated that he lives four (4) miles from this site. He said that the existing roads are in bad shape and adding this traffic will only make it worse. He questioned how this application can be open ended. Lowell Cuthrell, 23507 CR 74, asked if the well has already been drilled what that tells them. He said it tells them that things are already in motion. He saw the rig but didn't know it was for this purpose. 2 Commissioner Maxey said that the State of Colorado and the Colorado Oil and Gas Conservation Commission (COGCC) have their own rules and regulations that these applicants are required to comply with. He added that the applicants are required to obtain permits to drill injection wells from these agencies. Mr. Maxey clarified that Weld County only reviews the land use for the site but that the well permit is through another agency. Collette Pitchard and Gary Pitchard, 22518 CR 74, stated that they live directly across County Road 74 from this facility. She added that County Road 74 is a treacherous road especially during the winter and it has a hill on each side of this site. She thanked the applicants for the proposed downcast lighting. Mr. Pitchard said that the applicants indicated that they will build an acoustic barrier to mitigate noise. He added that even though it doesn't require a turn lane it needs it with the amount of traffic on County Road 74. Commissioner Jemiola asked if there is anything else that can be done to mitigate concerns. Mr. Pitchard said that he liked the suggestion of phasing in the wells and traffic. Ms. Pitchard added that there is constant traffic and said that there needs to be security measures regarding the traffic. Janet Lundquist, Public Works, said that the access was granted as a temporary access while they were drilling their well. She added that the access will be widened to accommodate the truck turning. Commissioner Maxey asked why the landowner with the easement was not contacted for those improvements. Ms. Lundquist said that ditches are another entity and if it doesn't get pulled with ownership of that property, Weld County is not aware that there is a ditch there. She added that the applicant should be pulling their deeds to know if there is an easement and if there are restrictions upon that easement. She added that it is between the applicant and the ditch to resolve that problem. Ms. Lundquist said that the traffic count according to Weld County Code is considered current if it is within three (3) years. She added that she reviewed the traffic count and it appears that there is a speed problem on this roadway. The posted speed limit is 55 mph and the traffic count shows that 85% of the traveling public is going 62 mph. She said that this has become an enforcement issue and should be addressed with the Sheriff's Department. Ms. Lundquist said that they have a great working relationship with NGL; however she is not comfortable with unlimited truck counts either. She said that the traffic study identified 250 truck trips. Ms. Lundquist said that with the drilling of one well they are expecting 75 truck trips per day and with the drilling of additional wells the traffic will be phased in. She added that the Traffic Study did not show the phasing of traffic but rather showed the ultimate traffic limit of 250 truck trips. Ms. Lundquist commented that this location has adequate stopping site distance. She said that the posted speed limit is 55 mph and there needs to be 555 feet for stopping site distance and added this site has that requirement. Ms. Lundquist said that she has talked with the Board of County Commissioners in regard to jake brakes; however she said that the Board feels this county is a right to farm act and is pro oil and gas. She added that they have relented in some areas to allow No Jake Brake signs to be installed; however this area is not included in one of those locations. She said that she can take this back to the Board of County Commissioners for consideration; however it is unlikely that it will change. Commissioner Sparrow asked what she would recommend with regard to traffic on this road. Ms. Lundquist suggested adding a condition of approval that states "Prior to the drilling of the second well a revised traffic study shall be submitted to the Department of Public Works to determine if roadway improvement triggers have been met". Commissioner Smock left the meeting at 5:58 pm. The Chair called a recess at 5:58 pm and reconvened the hearing at 6:11 pm. Mr. White said that Ryan Surroz, applicant's representative, has spoken with the property owners multiple times regarding this proposal. Mr. White said that there seems to be a lot of confusion over the truck trips 3 per day. He stated that the applicant states there will be a maximum of 160 truck round trips per day. He added that it is a 24 hour operation, unlimited truck trips; however the limit they are expecting maximum is 160 truck trips. Mr. White commented that the ditch that Mr. Johnson referred to was not a recorded easement and did not come up in any records. He added that they did meet with Mr. Johnson several times to discuss this and they did not try to circumvent any due diligence related to this water ditch. The culvert is temporary so that water could flow if it needed to flow. The permanent road as specified in the access permit will be constructed. He agreed with Mr. Johnson that the traffic is already high. Mr. White said that this facility is a self contained system. He added that groundwater monitoring is required by Weld County. Mr. White stated that they have proposed landscaping or fencing to shield the view from the Pitchards and will continue to work with them. With regard to adding Ms. Lundquist's proposed language, Mr. White believes it should be in the Road Improvements and Maintenance Agreement and not in the conditions of approval or development standards. Commissioner Johnson noted that from living in this area there are probably more ditches that are not recorded and added that it does need to be dealt with. Mr. White said that it is their intention to ensure that water will be available in the ditch. In response to Commissioner Maxey's inquiry, Mr. White reiterated that Ms. Lundquist's proposed language should be part of the Improvements Agreement and not included in the conditions of approval or development standards. Ms. Lundquist said that she would be agreeable to placing this in the Improvements Agreement as it is approved and recorded by the Board of County Commissioners. Commissioner Maxey asked if all four (4) wells have been permitted to date. Mr. White said that two (2) wells are currently permitted for this site. He said that as existing wells will slow down they will drill new wells. Commissioner Johnson said that he is concerned with safety on this roadway and believes it is a nuisance for these property owners. He added that he would like to see control over the scheduling of 75 truck trips per day. Mr. White emphasized that the maximum round trips are 160 truck trips per day and would be happy to lock it in at 160 round trips if that would make everyone feel more comfortable with it. He added that the Improvements Agreement includes triggers and if they meet any of those triggers they would be required to make the necessary improvements. The Chair asked if the applicants are comfortable addressing their request of moving Conditions of Approval 5.A and 5.B at the Board of County Commission hearing as they had done in the past. Mr. White said that they are happy to defer that to the Board of County Commissioners hearing. The Chair referred to the staff report narrative on Page 2 regarding the unrestricted number of trucks and asked if staff had any changes to make. Mr. Ogle suggested amending that sentence to read "The facility will accommodate up to a maximum of 160 trucks per day and will employ up to ten employees full time with no more than five employees at any given time period on site to oversee facility operations". The Chair asked the applicant if they have read through the 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 USR15-0006 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Benjamin Hansford, Seconded by Bruce Johnson. Vote: Motion carried by unanimous roll call vote (summary: Yes= 8). Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Michael Wailes, Nick Berryman, Terry Cross. Absent: Joyce Smock 4 Commissioner Wailes said that it always come back to the traffic issue. He believes that there is a lot of traffic on this roadway and added that he doesn't think that there won't be an increase in traffic because it already exists; however it will be stopping in a different location than it normally does. Commissioner Maxey said that he believes the applicants are trying to be good neighbors and appreciates reducing the traffic from unrestricted truck traffic to a maximum of 160 truck trips. Meeting adjourned at 7:01 pm. Respectfully submitted, Digitally signed by Kristine Ranslem aeaAl 'dM Date: 2015.04. 13 09:40:03 -06'00' Kristine Ranslem Secretary 5 Hello