HomeMy WebLinkAbout20150214.tiff RESOLUTION
RE: APPROVE MINOR AMENDMENT (MUSR14-0017) FOR SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1747 FOR AN OIL
AND GAS SUPPORT FACILITY (CLASS II OILFIELD WASTE DISPOSAL FACILITY -
SALTWATER INJECTION FACILITY AND A WATER RECYCLING FACILITY) TO
MODIFY THE FACILITY OPERATION HOURS TO 24 HOURS PER DAY, 7 DAYS
EACH WEEK, 365 DAYS PER YEAR, WITH UNLIMITED TRUCK TRIPS TO THE
FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT- NGL WATER SOLUTIONS
DJ, LLC
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 19th day
of January, 2015, at the hour of 9:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of NGL Water Solutions DJ, LLC, 8207 West 20th Street, Suite B,
Greeley, Colorado 80634, for a Second Minor Amendment (MUSR14-0017) to the Site Specific
Development Plan and Use by Special Review Permit#1747 for an Oil and Gas Support Facility
(Class II Oilfield Waste Disposal Facility - saltwater injection facility and a water recycling
facility) to modify the facility operation hours to 24 hours per day, 7 days each week, 365 days
per year, with unlimited truck trips to the facility in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #5008, being part of
the E1/2SE1/4 of Section 34, Township 7 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present and represented by Doug White, and
WHEREAS, Section 23-2-285 of the Weld County Code provides standards for review of
said Second Minor Amendment, 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 Planning Services staff 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 23-2-285.J of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-285.C of the Weld County Code as follows:
a. Section 23-2-285.C.1 - The proposed change(s) will be compatible with
existing and allowed uses in the surrounding area and be in harmony with
the neighborhood. The proposed change(s) are consistent with the
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County Comprehensive Plan pursuant to Chapter 22 of the Weld County
Code.
1) 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 existing facility operates as a Class II
Brinewater Injection Well facility with a Brinewater Recycling
component.
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." The
proposed amendment seeks to increase the hours of operation to
24 hours a day, seven days a week, 365 days a year with
unlimited truck trips into and out of the facility. 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. There are seven
property owners within 500 feet of this facility. Planning Staff has
received several letters of correspondence concerning this
proposed amendment. Letters were received from the following
individuals:
Dr. Benjamin Brown, 35954 CR 69, Briggsdale, CO 80611
Debra Bauman Brown, 35954 CR 69, Briggsdale, CO 80611
Ann Boyd, Cornish Plains Livestock LLLP, 1601 44th Avenue
Court, Greeley, CO 80634
Jenny Smith, Cornish Plains Livestock LLLP, 1601 44th Avenue
Court, Greeley, CO 80634
Gayle Cook, Cornish Plains Livestock LLLP, 1601 44th Avenue
Court, Greeley, CO 80634
Leta M. Brown, Cornish Plains Livestock LLLP, 1601 44th Avenue
Court, Greeley, CO 80634
One letter was received from an interested individual outside of
the five hundred (500) foot notification area. This individual also
contacted this office by telephone.
James Dilka, 34528 CR 74, Briggsdale, CO 80611
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Primary concerns address truck traffic, light (facility and vehicle)
pollution, noise pollution, and air (dust and odor) pollution. Also,
issues of health, safety and welfare and the effects of the trucks
entering and exiting the facility, obeying traffic laws and their
blatant disregard for operating with the interests of the
neighborhood's health, safety, well being in mind. The comments
appear directed at the truck traffic associated with the facility with
limited comments directed at the NGL disposal facility. Most
noted the hours of operation extend after 10:00 PM and there may
be transient light issues. No additional telephone calls or
electronic mail from adjacent, surrounding or interested parties
associated with this proposed amendment were received.
b. Section 23-2-285.C.3 - The proposed change(s) will not result in a
substantial adverse impact on the other property in the vicinity of the
subject property. The existing facility, located at 33857 County Road 74
in Briggsdale, Colorado, is not located within three miles of a municipality.
The current facility has adequate services and infrastructure in place for
the business. The water supply is a well constructed under Well Permit
No. 284119, issued in 2010, to provide water for drinking and sanitary
facilities inside of a commercial business and SP-1000025 is an Individual
Sewage Disposal System designed to serve eight (8) full time employees
and fifteen (15) drivers. The Conditions of Approval and attached
Development Standards address the requirements of the referral
agencies.
c. Section 23-2-285.C.5 - The proposed change is not deemed to be a
major change. A Pre-Application (PRE14-0166) meeting was held on
June 19, 2014, where staff determined that a Minor Amendment to the
existing land use permit would be required.
d. Section 23-2-285.C.4 - The proposed changes must be consistent with
the original Development Standards. All of the original Development
Standards are still applicable and will be listed on the MUSR map. In
addition, the Department of Planning Services is requiring the
development of an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District prior to operation, and a
request to provide evidence of an Emergency Action and Safety Plan on
or before March 1st 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 as a Development Standard. The
Department of Planning Services added a Development Standard to state
"Hours of operation are 24 hours per day, 7 days each week, 365 days
per year," as well as a Development Standard to state, "Transport trucks
will visit the site 24 hours per day, 7 days each week, 365 days per year
with unlimited truck trips into and from the facility." per this request.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of NGL Water Solutions DJ, LLC, for a Second
Minor Amendment (MUSR14-0017) to the Site Specific Development Plan and Use by Special
Review Permit#1747 for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal
Facility - saltwater injection facility and a water recycling facility) to modify the facility operation
hours to 24 hours per day, 7 days each week, 365 days per year, with unlimited truck trips to the
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. The plat shall be amended to delineate the following:
A. All sheets of the map shall be labeled MUSR14-0017.
B. The map shall be prepared per Section 23-2-260.D of the Weld County
Code.
C. The attached Development Standards.
D. County Road 74 is designated on the Weld County Road Classification
Plan as an arterial road, which requires 140 feet of right-of-way at full
build out. There is presently 60 feet of right-of-way. An additional 40 feet
shall be delineated on the plat as future County Road 74 right-of-way. All
setbacks shall be measured from the edge of future 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. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
E. County Road 69 is designated on the Weld County Road Classification
Plan as a local road, which requires 60 feet of right-of-way at full build
out. 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 future right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County
F. Please show the existing access on the plat and label it with the approved
Access Permit Number AP14-00406.
G. Show all recorded easements on the plat, include Reception number and
date.
H. Tracking control is required to prevent tracking from the site onto the
public roadways. Standard tracking control for accesses onto paved
roads includes either 300 feet of pavement onsite OR 100 feet of
pavement onsite plus double cattle guards across both lanes of traffic.
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I. Add the following signature blocks:
CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING
SERVICES -ADMINISTRATIVE REVIEW
This minor amendment plat is accepted and approved by the Department
of Planning Services for filing.
State of ) Director, Department of Planning Services
) ss.
County of
The foregoing certification was acknowledged before me this _ day of
, 2015.
My commission expires
Witness my hand and Seal.
Notary Public
PROPERTY OWNER'S CERTIFICATION
The undersigned major property owner(s) do hereby agree to the Second Minor
Amendment of the Site Specific Development Plan and Use by Special Review
Standards as described hereon this day of
2015.
Name of Signee on behalf of NGL Water Solutions DJ, LLC
2. Prior to recording the plat:
A. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to State Highways. Please contact CDOT to address any
offsite road improvements with the intersection of CR 74 and SH 392.
B. The intersection of SH 392 and CR 74 is currently under design by Weld
County. The applicant shall contact the Department of Public Works to
verify the changes to the road system are consistent with proposed uses.
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C. 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. The
applicant shall submit evidence of acceptance to the Department of
Planning Services.
D. The applicant shall address the requirements (concerns) of Weld County
Department of Planning Services - Engineer, specifically address:
1) The change in truck traffic or amendments to the existing USR
may warrant changes to the existing Improvements and
Maintenance Agreement. The applicant shall contact Richard
Hastings in the Department of Public Works, at 970-304-6496,
ext. 3727, to verify if this is required.
2) The applicant is requested to contact the Traffic Engineer with the
Department of Public Works to verify that a traffic impact study is
waived for this application.
3. Upon completion of Conditions of Approval #1 and # 2 above, the applicant shall
submit one (1) paper copy or one (1) electronic copy (.pdf) of the MUSR Map for
preliminary approval to the Weld County Department of Planning Services. Upon
approval of the Map, the applicant shall submit a Mylar Map along with all other
documentation required as Conditions of Approval. The Mylar Map shall be
recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120)
days from the date the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
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. The Department of Planning Services respectfully requests a digital copy of this
Second Minor Amendment to 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 mapsaco.weld.co.us.
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6. The Second Minor Amendment to Use by Special Review activity shall not occur,
nor shall any building or electrical permits be issued on the property, until the
Second Minor Amendment to Use by Special Review map is ready to be
recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of January, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: (�{ SIC ��,/ .� k� (AYE)
C .�[LD� kuka
ara Kirkmeyer .,hair
Weld County Clerk to the Board
(NAY)
• Mike Freeman, Pro-Tem
BY: Clerk
De u Clerk to the BBBoard ' (AYE)
Q Sean P. Con y
APPROVED AS TO FOR ! P� (AYE)
�S l 1861I r}� e o ad
County Attorney
�/� - Steve Moreno
Date of signature: �
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SITE SPECIFIC DEVELOPMENT PLAN
SECOND MINOR AMENDMENT, MUSR14-0017 (USR-1747)
DEVELOPMENT STANDARDS
NGL WATER SOLUTIONS DJ, LLC
1. A Second Minor Amendment, MUSR14-0017, to a Site Specific Development Plan and
Use by Special Review Permit USR-1747, for a Mineral Resource Development Facility,
Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater
Injection Facility and a water recycling facility) and modification of the facility operation
hours to 24 hours per day, 7 days each week, 365 days per year with unlimited truck
trips to the 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. 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 concrete 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.
4. Analytical data on wastes and environmental monitoring data shall be made available to
the WCDPHE, which reserves the right to require additional, more extensive monitoring.
5. No disposal of waste, other than Class II, as defined by the Environmental Protection
Agency, is permitted. Any changes from the approved Class II use would require an
amendment to this USR Permit.
6. Any contaminated soils on the facility shall be removed and disposed of in accordance
with applicable rules and regulations.
7. In accordance with Section 8 of the Regulations Pertaining to Solid Waste Sites and
Facilities (6 CCR 1007, Part 2), an annual report shall be filed for the recycling
operations, which includes the amount of produced water recycled. The annual report
shall be submitted to the Weld County Department of Public Health and Environment
(WCDPHE) and the Colorado Department of Public Health and Environment (CDPHE),
Hazardous Materials and Waste Management Division, by May first of each year.
8. 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.
9. 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.
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10. 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.
11. The facility shall comply with Colorado Air Quality Control Commission Regulations and
any air permits issued by the CDPHE Air Pollution Control Division.
12. All 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.
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, 30 20 100.5, C.R.S.) shall be stored, treated, and removed for final disposal in a
manner that protects against surface and groundwater contamination.
14. The facility shall comply with the approved Groundwater Monitoring Plan.
15. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event that stormwater is not adequately controlled on the
site, upon written notification from the WCDPHE or CDPHE, a comprehensive site-wide
stormwater plan shall be developed and implemented. The plan must be approved, in
writing, prior to implementation by WCDPHE and CDPHE.
16. Adequate drinking water, hand washing, and toilet facilities shall be provided.
17. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted,
installed, maintained and operated in compliance with all provisions of the Weld County
Code, pertaining to I.S.D.S. Regulations.
18. Any required Spill Prevention Control and Countermeasures Plan (SPCC) shall be
prepared and maintained on site pr 40 CFR 112.
19. The operation shall comply with all applicable rules and regulations of the Colorado Oil
and Gas Conservation Commission, other State and Federal agencies, and the Weld
County Code.
20. The off-street parking spaces, including the access drive, shall be surfaced with gravel
or the equivalent and shall be graded to prevent drainage problems.
21. Weld County shall not be responsible for the maintenance of onsite drainage related
facilities.
22. All structures shall require building permits.
23. Any lighting, including light from high temperature processes such as welding or
combustion, shall be designed, located and operated in such as manner as to meet the
following standards: sources of light shall be shielded so that beams or rays of light will
not shine directly onto adjacent properties; neither the direct nor reflected light from any
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light source may create a traffic hazard to operators of motor vehicles on public or
private streets; and no colored lights may be used which may be confused with, or
construed as, traffic control devices.
24. Hours of operation are 24 hours per day, 7 days each week, 365 days per year.
25. Transport trucks will visit the site 24 hours per day, 7 days each week, 365 days per
year with unlimited truck trips into and from the facility.
26. The number of employees associated with this facility is limited to twenty-four (24)
persons.
27. The property owner or operator shall provide 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.
28. Building Permits issued on the proposed lot will be required to adhere to the fee
structure of the County-wide Road Impact Fee Program.
29. Building Permits issued on the proposed lot will be required to adhere to the fee
structure of the County-wide Facility Fee and Drainage Impact Fee Programs.
30. The historical flow patterns and run-off amounts will be maintained on the site.
31. Access to the site shall be from County Road 74 at the location as designated by the
approved Access Permit, AP14-00406.
32. 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.
33. If more than one-acre is to be disturbed, a Weld County Grading Permit will be required
prior to the start of construction.
34. NGL Water Solutions, DJ, LLC, successor to High Sierra Water Services, has an
Improvement Agreement with collateral in place with Weld County Public Works
Department for USR-1747.
35. This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal
Emergency Management Agency (FEMA).
36. The Second Amended Minor Amendment to Use by Special Review activity shall not
occur, nor shall any building or electrical permits be issued on the property, until the
Second Amended Minor Amendment to Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
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37. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
38. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
39. 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.
40. The Second Minor Amendment to 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.
41. 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.
42. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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1861 MEMORANDUM
To: Board of County Commissioners
G 0 4N T Y From: Kim Ogle, Planning Services
Subject: MUSR14-0017
NGL Water Solutions DJ, LLC
2ND Minor Amendment to USR-1747
c/o Doug White
Date: January 19, 2015
Case History
USR-1747 was approved by the Board of County Commissioners on August 18, 2010 and the
USR Map recorded on February 16, 2011 via Reception No. 3751033.
MUSR13-0024 is the first Minor Amendment to a Site Specific Development Plan and Special
Review Permit USR-1747, for a Mineral Resource Development Facility, Oil and Gas Support
and Service (Class II Oilfield Waste Disposal Facility- Saltwater Injection Facility and a water
recycling facility) for the addition of a 34.0 foot by 104.0 foot concrete containment expansion to
the West of the existing containment to provide additional area for tanks and a second Class II
Injection Well was administratively approved on January 13, 2014 and signed by T. Parko,
Director of Planning Services.
A Stipulated Agreement for the Early Release of Building Permits OLG13-00805, for thirteen
(13) brine water storage tanks, tank foundations and electric was signed by T. Parko, Director of
Planning Services on February 27, 2013.
MUSR14-0017 is the 2n° Minor Amendment to a Site Specific Development Plan and Special
Review Permit USR-1747, for a Mineral Resource Development Facility, Oil and Gas Support
and Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and a water
recycling facility) and modification of the facility operation hours to 24 hours per day, 7 days each
week, 365 days per year with unlimited truck trips to the facility.
The applicant, Doug White, Senior Vice President, NGL Water Solutions DJ, LLC is requesting
an amendment to Development Standard No. 30 that states:
"The hours of operation, including the acceptance of wastewater and the
transport of recycled water off-premises are limited from 7:00 a.m. until 10:00
p.m. daily."
This request seeks to increase the hours of operation, to 24 hours/day 365 days/year.
The Department of Planning Services mailed out postcards on or about August 18, 2014 to the
seven (7) property owners within 500 feet of the site, notifying each of the proposed change in
hours of operation at this permitted facility.
Planning Staff has received several letters of correspondence concerning this proposed
amendment. Letters were received from the following individuals:
Dr. Benjamin Brown, 35954 County Road 69, Briggsdale, CO 80611
2015-0214
Ms. Debra J. Bauman Brown, 35954 County Road 69, Briggsdale, CO 80611
Ms. Ann Boyd, Cornish Plains Livestock LLLP, 1601 44th Avenue Court, Greeley, CO 80634
Ms. Jenny Smith, Cornish Plains Livestock LLLP, 1601 44th Avenue Court, Greeley, CO 80634
Ms. Gayle L. Cook, Cornish Plains Livestock LLLP, 1601 44th Avenue Court, Greeley, CO 80634
Ms. Leta M. Brown, Cornish Plains Livestock LLLP, 1601 44`"Avenue Court, Greeley, CO 80634
One letter was received from an interested individual outside of the five hundred (500) foot
notification area. This individual also contacted this office by telephone.
Mr. James A. Dilka, 34528 County Road 74, Briggsdale, CO 80611
Primary concerns address truck traffic, light (facility and vehicle) pollution, noise pollution, and air
(dust and odor) pollution. Also, issues of health, safety and welfare and the effects of the trucks
entering and exiting the facility, obeying traffic laws and their blatant disregard for operating with
the interests of the neighborhood's health, safety, well being in mind. The comments appear
directed at the truck traffic associated with the facility with limited comments directed at the NGL
disposal facility. Most noted the hours of operation extend after 10:00PM and there may be
transient light issues.
No additional telephone calls or electronic mail from adjacent, surrounding or interested parties
associated with this proposed amendment were received.
Given that staff received seven letters from owners of property near this facility, the Department
of Planning Services is bringing this application forward for consideration and action by the
Board of County Commissioners for this request to modify the hours of operation from 7:00 AM
until 10:00 PM to 24 hours a day, seven days a week.
Application History
Application submitted August 18, 2014
Initial Processing and Case Processing August 18, 2014
Postcards mailed to surrounding property owners August 18, 2014
Referrals due September 16, 2014
Referrals received with comment:
Weld County Department of Planning Services - Engineer, referral dated September 17, 2014
Weld County Department of Public Health and Environment, referral dated September 24, 2014
Weld County Department of Public Works—Access, referral dated September 15, 2104
Colorado Department of Transportation, referral dated September 4, 2014
Referrals received without comment:
Weld County Sheriff, referral dated August 19, 2014
Weld County Zoning Compliance, referral dated August 20, 2014
Referrals were not received from the following agencies:
Office of Emergency Management
Colorado Oil & Gas Conservation Commission
Weld County Building Department
Weld County Schools, RE-2
Briggsdale Fire Protection District
Galeton Fire Protection District
Colorado Department of Public Health and Environment
Colorado Parks and Wildlife
West Greeley Soil Conservation District
The Staff Report was prepared for signature on October 1, 2014. After discussion with the
applicant, NGL Water Solutions DJ, staff delayed scheduling this hearing such that informational
meetings and discussion could be held on the re-alignment of County Road 74 at State Highway
392 with area stakeholders and Department of Public Works staff.
Board of County Commissioners Hearing Notice
Post card mailed to SPOs within 500 feet of property (Sent to Print Shop) January 8, 2015
SERVICE,TEAMWORK,INTEGRITY,QUALITY
X86'
i� rll LAND USE APPLICATION
u 1 Y - SUMMARY SHEET
Planner: Kim Ogle Hearing: Director Approval
Case Number MUSR14-0017
Property Owner NGL Water Solutions DJ, LLC, 8207 West 20th Street, Suite B, Greeley, CO 80634
Applicant: c/o Ted Lopez, Jr., M3 Consulting, Inc.
2861 West 120th Avenue, Suite 250,Westminster, CO 80234
Request: A 2nd Minor Amendment to a Site Specific Development Plan and Special Review Permit
USR-1747, for a Mineral Resource Development Facility, Oil and Gas Support and Service
(Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and a water recycling
facility) and modification of the facility operation hours to 24 hours per day, 7 days each
week, 365 days per year with unlimited truck trips to the facility in the A (Agricultural) Zone
District
Lot A of Recorded Exemption RE-5008, being part of the Southeast quarter of Section 34,
Legal : Township 7 North Range 63 West of the 6th P.M.,Weld County, Colorado
Location: North of and adjacent to County Road 74; West of and adjacent to County Road 69 and
west of State Highway 392
Size of Parcel: +/- 11.68 acres Parcel No. 0713-34-4-00-009
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' staff has received referral responses with comments from the following
agencies:
➢ Weld County Department of Planning Services-Engineer, referral dated September 17, 2014;
➢ Weld County Department of Public Health and Environment, referral dated September 24, 2014;
➢ Weld County Department of Public Works—Access, referral dated September 15, 2104
➢ Colorado Department of Transportation, referral dated September 4, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriff, referral dated August 19, 2014
➢ Weld County Zoning Compliance, referral dated August 20, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Office of Emergency Management ➢ Galeton Fire Protection District
➢ Colorado Oil &Gas Conservation Commission ➢ Colorado Department of Public Health and
➢ Weld County Building Department Environment
➢ Weld County Schools, RE-2 ➢ Colorado Parks and Wildlife
➢ Briggsdale Fire Protection District ➢ West Greeley Soil Conservation District
MUSR14-0017
Page 1 of 11
+r. 186r
1
L r SPECIAL REVIEW PERMIT
l G0UNTYj ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing: Director Approval
Case Number: MUSR14-0017
Property Owner NGL Water Solutions DJ, LLC, 8207 West 20'° Street, Suite B, Greeley, CO 80634
Applicant: c/o Ted Lopez, Jr., M3 Consulting, Inc.
2861 West 120th Avenue, Suite 250, Westminster, CO 80234
Request: A 2n° Minor Amendment to a Site Specific Development Plan and Special Review
Permit USR-1747, for a Mineral Resource Development Facility, Oil and Gas Support
and Service (Class II Oilfield Waste Disposal Facility- Saltwater Injection Facility and a
water recycling facility) and modification of the facility operation hours to 24 hours per
day, 7 days each week, 365 days per year with unlimited truck trips to the facility in the
A(Agricultural) Zone District
9 Lot A of Recorded Exemption RE-5008, bein part of the Southeast quarter of Section
Legal : 34, Township 7 North Range 63 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 74; West of and adjacent to County Road 69 and
west of State Highway 392
Size of Parcel: +1- 11.68 acres Parcel No. 0713-34-4-00-009
Narrative:
NGL Water Solutions, LLC, formerly known as High Sierra Water Services, LLC, is proposing a minor
amendment that will increase the hours of operation to 24 hours a day, seven days a week 365 days a
year with unlimited truck trips into and out of the facility. No other modifications to the current permit are
requested.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The proposed change(s) will be compatible with existing and allowed uses in the surrounding
area and be in harmony with the neighborhood.
The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter
22 of the Weld County Code. 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 existing facility operates as a Class II Brinewater Injection Well
facility with a Brinewater Recycling component.
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
MUSR14-0017
Page 2 of 11
pollution. The proposed amendment seeks to increase the hours of operation to 24 hours a day,
seven days a week 365 days a year with unlimited truck trips into and out of the facility. 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.
There are seven property owners within 500 feet of this facility. Planning Staff has received
several letters of correspondence concerning this proposed amendment. Letters were received
from the following individuals:
Dr. Benjamin Brown, 35954 County Road 69, Briggsdale, CO 80611
Ms. Debra J. Bauman Brown, 35954 County Road 69, Briggsdale, CO 80611
Ms. Ann Boyd, Cornish Plains Livestock LLLP, 1601 44`h Avenue Court, Greeley, CO 80634
Ms. Jenny Smith, Cornish Plains Livestock LLLP, 1601 44th Avenue Court, Greeley, CO 80634
Ms. Gayle L. Cook, Cornish Plains Livestock LLLP, 1601 44th Avenue Court, Greeley, CO 80634
Ms. Leta M. Brown, Cornish Plains Livestock LLLP, 1601 44th Avenue Court, Greeley, CO 80634
One letter was received from an interested individual outside of the five hundred (500) foot
notification area. This individual also contacted this office by telephone.
Mr. James A. Dilka, 34528 County Road 74, Briggsdale, CO 80611
Primary concerns address truck traffic, light (facility and vehicle) pollution, noise pollution, and air
(dust and odor) pollution. Also, issues of health, safety and welfare and the effects of the trucks
entering and exiting the facility, obeying traffic laws and their blatant disregard for operating with
the interests of the neighborhood's health, safety, well being in mind. The comments appear
directed at the truck traffic associated with the facility with limited comments directed at the NGL
disposal facility. Most noted the hours of operation extend after 10:00PM and there may be
transient light issues.
No additional telephone calls or electronic mail from adjacent, surrounding or interested parties
associated with this proposed amendment were received.
2. The proposed change(s) will not result in a substantial adverse impact on the other property in
the vicinity of the subject property.
The existing facility, located at 33857 County Road 74 in Briggsdale, CO is not located within
three miles of a municipality. The current facility has adequate services and infrastructure in
place for the business. The water supply is a well constructed under well permit no. 284119
issued in 2010 to provide water for drinking and sanitary facilities inside of a commercial business
and SP-1000025 is an Individual Sewage Disposal System designed to serve eight (8) full time
employees and fifteen (15) drivers. The attached Development Standards and Conditions of
Approval address the requirements of the referral agencies.
3. Not deemed to be a major change.
A Pre-Application (PRE14-0166) meeting was held on June 19, 2014 where staff determined that
a Minor Amendment to the existing land use permit would be required.
4. Must be consistent with the original development standards.
All of the original development standards are still applicable and will be listed on the MUSR map.
In addition the Department of Planning Services is requiring the development of an Emergency
Action and Safety Plan with the Office of Emergency Management and the Fire District prior to
operation, and a request to provide evidence of an Emergency Action and Safety Plan on or
before March 1st 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 as
Development Standard No. 26.
MUSR14-0017
Page 3 of 11
The Department of Planning Services added a Development Standard to state "Hours of
operation are 24 hours per day, 7 days each week, 365 days per year," per this request.
The Department of Planning Services added a Development Standard to state "that the facility
will have unlimited truck trips into and from the facility."
This approval 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. The plat shall be amended to delineate the following:
A. All sheets of the map shall be labeled MUSR14-0017.
B. The map shall be prepared per Section 23-2-260.D of the Weld County Code.
C. The attached Development Standards.
D. County Road 74 is designated on the Weld County Road Classification Plan as an arterial
road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 74
right-of-way. All setbacks shall be measured from the edge of future 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. If the right-of-way cannot be verified, it shall
be dedicated. This road is maintained by Weld County.
E. County Road 69 is designated on the Weld County Road Classification Plan as a local road,
which requires 60 feet of right-of-way at full build out. 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 future right-of-way. If the right-
of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County
F. Please show the existing access on the plat and label it with the approved Access Permit
Number AP14-00406.
G. Show all recorded easements on the plat, include Reception number and date.
H. Tracking control is required to prevent tracking from the site onto the public roadways.
Standard tracking control for accesses onto paved roads includes either 300 feet of
pavement onsite OR 100 feet of pavement onsite plus double cattle guards across both lanes
of traffic. (Department of Planning Services— Engineer)
I. Add the following signature blocks:
CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES -
ADMINISTRATIVE REVIEW
This minor amendment plat is accepted and approved by the Department of Planning
Services for filing.
State of ) Director, Department of Planning Services
) ss.
County of
The foregoing certification was acknowledged before me this _ day of
2014.
MUSR14-0017
Page 4 of 11
My commission expires
Witness my hand and Seal.
Notary Public
PROPERTY OWNER'S CERTIFICATION
The undersigned major property owner(s) do hereby agree to the Minor Amendment of the
Site Specific Development Plan and Use by Special Review Standards as described hereon
this day of , 2014.
Name of Signee on behalf of NGL Water Solutions DJ, LLC
2. Prior to recording the plat:
A. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to
State Highways. Please contact CDOT to address any offsite road improvements with the
intersection of CR 74 and SH 392. (Department of Planning Services- Engineer)
B. The intersection of SH 392 and CR 74 is currently under design by Weld County. The
applicant shall contact Public Works to verify the changes to the road system are consistent
with proposed uses. (Department of Planning Services - Engineer)
C. 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)
D. The applicant shall address the requirements (concerns) of Weld County Department of
Planning Services- Engineer, specifically address:
1. The change in truck traffic or amendments to the existing USR may warrant changes to
the existing Improvements and Maintenance Agreement. The applicant shall contact
Richard Hastings in PW at 970-304-6496, ext. 3727 to verify if this is required.
(Department of Planning Services—Engineer)
2. The applicant is requested to contact the Traffic Engineer with the Department of Public
Works to verify that a traffic impact study is waived for this application. (Department of
Planning Services—Engineer)
3. Upon completion of Condition of Approval #1 and # 2 above, the applicant shall submit one (1)
paper copy or one (1) electronic copy (.pdf) of the MUSR Map for preliminary approval to the
Weld County Department of Planning Services. Upon approval of the Map the applicant shall
submit a Mylar Map along with all other documentation required as Conditions of Approval. The
Mylar Map shall be recorded in the office of the Weld County Clerk and Recorder by 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 sixty (60) days from the date the administrative review was signed or date of
the Board of County Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
MUSR14-0017
Page 5 of 11
4. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the map
not be recorded within the required sixty (60) days from the date the administrative review was
signed or date of the Board of County Commissioners Resolution a $50.00 recording continuance
charge shall added for each additional 3 month period.
5. The Department of Planning Services respectfully requests a digital copy of this Minor
Amendment 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 maosco.weld.co.us.
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder.
By Date: October 1, 2014
Tom Parko, Director of Planning
MUSR14-0017
Page 6 of 11
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
(NGL Water Solutions DJ, LLC)
MUSR74-0017
1. A god Minor Amendment to a Site Specific Development Plan and Special Review Permit
USR-1747, for a Mineral Resource Development Facility, Oil and Gas Support and
Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and a water
recycling facility) and modification of the facility operation hours to 24 hours per day, 7
days each week, 365 days per year with unlimited truck trips to the facility 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. 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 concrete 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. (Department of Public
Health and Environment)
4. Analytical data on wastes and environmental monitoring data shall be made available to
the WCDPHE, which reserves the right to require additional, more extensive monitoring.
(Department of Public Health and Environment)
5. No disposal of waste, other than Class II, as defined by the Environmental Protection
Agency, is permitted. Any changes from the approved Class II use would require an
amendment to this USR Permit. (Department of Public Health and Environment)
6. Any contaminated soils on the facility shall be removed and disposed of in accordance
with applicable rules and regulations. (Department of Public Health and Environment)
7. In accordance with Section 8 of the Regulations Pertaining to Solid Waste Sites and
Facilities (6 CCR 1007, Part 2), an annual report shall be filed for the recycling
operations, which includes the amount of produced water recycled. The annual report
shall be submitted to the Weld County Department of Public Health & Environment
(WCDPHE) and the Colorado Department of Public Health and Environment (CDPHE)
Hazardous Materials and Waste Management Division by May first of each year.
(Department of Public Health and Environment)
8. 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. (Department of Public Health and
Environment)
9. 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)
10. 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)
MUSR14-0017
Page 7 of 11
11. The facility shall comply with Colorado Air Quality Control Commission Regulations and
any air permits issued by the CDPHE Air Pollution Control Division. (Department of
Public Health and Environment)
12. All 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)
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S.) shall be stored, treated, and removed for final disposal in a
manner that protects against surface and groundwater contamination. (Department of
Public Health and Environment)
14. The facility shall comply with the approved groundwater monitoring plan. (Department of
Public Health and Environment)
15. All storm water, which has come into contact with waste materials on the site, shall be
confined on the site. In the event that storm water is not adequately controlled on the
site, upon written notification from the WCDPHE or CDPHE, a comprehensive site-wide
storm water plan shall be developed and implemented. The plan must be approved, in
writing, prior to implementation by WCDPHE and CDPHE. (Department of Public Health
and Environment)
16. Adequate drinking water, hand washing, and toilet facilities shall be provided.
(Department of Public Health and Environment)
17. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted,
installed, maintained and operated in compliance with all provisions of the Weld County
Code, pertaining to I.S.D.S. Regulations. (Department of Public Health and Environment)
18. Any required Spill Prevention Control and Countermeasures Plan (SPCC) shall be
prepared and maintained on site pr 40 CFR 112. (Department of Public Health and
Environment)
19. The operation shall comply with all applicable rules and regulations of the Colorado Oil &
Gas Conservation Commission, other State and Federal agencies, and the Weld County
Code. (Department of Public Health and Environment)
20. The off-street parking spaces including the access drive shall be surfaced with gravel or
the equivalent and shall be graded to prevent drainage problems. (Department of
Planning Services)
21. Weld County shall not be responsible for the maintenance of onsite drainage related
facilities. (Department of Planning Services- Engineer)
22. All structures shall require building permits. (Department of Building Inspection)
23. Any lighting, including light from high temperature processes such as welding or
combustion, shall be designed, located and operated in such as manner as to meet the
following standards: sources of light shall be shielded so that beams or rays of light will
not shine directly onto adjacent properties; 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; and no colored lights may be used which may be confused with or construed as
traffic control devices. (Department of Planning Services)
MUSR14-0017
Page 8 of 11
24. Hours of operation are 24 hours/day, 365 days/year. (Department of Planning Services)
25. Transport trucks will visit the site 24 hours per day, 7 days each week, 365 days per year
with unlimited truck trips into and from the facility. (Department of Planning Services)
26. The number of employees associated with this facility is limited to twenty-four (24)
persons. (Department of Planning Services)
27. The property owner or operator shall provide 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)
28. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-wide Road Impact Program. (Department of Planning Services)
29. Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County-wide Facility Fee and Drainage Impact Fee Programs.
(Department of Planning Services)
30. The historical flow patterns and run-off amounts will be maintained on site. (Department
of Planning Services- Engineer)
31. Access to the site shall be from County Road 74 at the location as designated by the
approved Access Permit, AP14-00406. (Department of Public Works)
32. 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)
33. If more than one-acre is to be disturbed, a Weld County Grading Permit will be required
prior to the start of construction. (Department of Planning Services- Engineer)
34. NGL Water Solutions, DJ, LLC successor to High Sierra Water Services has an
Improvement Agreement with collateral in place with Weld County Public Works
Department, Case#USR-1747. (Department of Planning Services- Engineer)
35. This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal
Emergency Management Agency(FEMA). (Department of Planning Services- Engineer)
36. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office
of the Weld County Clerk and Recorder. (Department of Planning Services)
37. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code. (Department of Planning Services)
38. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code. (Department of Planning Services)
39. Necessary personnel from 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)
MUSR14-0017
Page 9 of 11
40. The 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)
41. 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)
42. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the
country in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize and accept there are drawbacks, including
conflicts with long-standing agricultural practices and a lower level of services than in
town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well-run agricultural activities will generate off-site impacts, including noise from tractors
and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field
work, harvest and gravel roads; odor from animal confinement, silage and manure;
smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting
sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in
their agricultural operations. A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or
private nuisance if the agricultural operation alleged to be a nuisance employs methods
or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"
of residential development. When moving to the County, property owners and residents
must realize they cannot take water from irrigation ditches, lakes, or other structures,
unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in
size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, 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
MUSR14-0017
Page 10 of 11
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.
MUSR14-0017
Page 11 of 11
Notice
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be
held before the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado, at the time specified below.
The complete case file may be examined by calling the Department of Planning Services at(970) 353-6100
to make arrangements with the case planner, or at the office of the Clerk to the Board of County Commissioners,
Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-Mail messages sent to an
individual Commissioner may not be included in the case file. For inclusion of any correspondence prior to the
Board of Commissioners hearing E-mail egesick@co.weld.co.us.
If a court reporter is desired, please advise the Clerk to the Board's Office, in writing, at least five days prior
to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the
Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing,
please contact the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases
scheduled before the Board of County Commissioners are subject to continuance, due to lack of quorum or
otherwise. Contact the Clerk to the Board's Office at the number above, for hearing continuance information.
BOARD OF COMMISSIONERS DATE: January 19, 2015
TIME: 9:00 a.m.
APPLICANT: HIGH SIERRA WATER SERVICES, LLC
PLANNER: KIM OGLE
REQUEST: A 2ND MINOR AMENDMENT, MUSR14-0017, TO A SITE SPECIFIC DEVELOPMENT PLAN AND
SPECIAL REVIEW PERMIT, USR-1747, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND GAS
SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION
FACILITY AND A WATER RECYCLING FACILITY) AND MODIFICATION OF THE FACILITY OPERATION HOURS
TO 24 HOURS PER DAY, 7 DAYS EACH WEEK, 365 DAYS PER YEAR WITH UNLIMITED TRUCK TRIPS TO THE
FACILITY IN THE A (AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT A OF RECORDED EXEMPTION, RE-5008; BEING PART OF THE SE1/4 OF
SECTION 34, TOWNSHIP 7 NORTH, RANGE 63 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO COUNTY ROAD 74; WEST OF AND ADJACENT TO COUNTY
ROAD 69. (See Legal Description for precise location.)
SIZE: 11.68 acres, more or less.
DATED: January 8, 2015
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Pursuant Pursuant to the zoning laws of the
held before the Board of County Commissio a �,
Street, Greeley, Colorado, at the time specifi �e' W ,r,
The complete case file may be exa r, '^ as
to make arrangements with the case plann; w "r
Weld County Administration Building, 115 : cDa 3j a is, --
Weldindividual Commissioner may not be include I s 46' N N -
Board of Commissioners hearing E-mail e /� r- H 'v -
If a court reporter is desired, please en 2 lirrl m •t e..
to the hearing. The cost of engaging a court ,� •- u- W .L? 6 its M
Americans with Disabilities Act, if special as ®®® o R -• o a 'S'=
please contact the Clerk to the Board's Offio r o 3 w 04 ai—
scheduled before the Board of County Cr Sw3tSNn o o 2 W . di—
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otherwise. Contact the Clerk to the Board's C d, z ix
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BOARD OF COMMISSIONERS DATE: Janu /.,'. }; `r ® L° O
'1 �. ;
TIME:9:00 a.m. • Whir o OH LL
APPLICANT: HIGH SIERRA WATER SERV :'frAre• �- G.,CD =—
PLANNER: KIM OGLE ,c: r.' (., w H I fr•
REQUEST: A 2ND MINOR AMENDMENT, j .+y:h O z`(w 1°'^
SPECIAL REVIEW PERMIT, USR-1747, FOI r --I tr.;=.
SUPPORT AND SERVICE (CLASS II Oil a - m efi=
to i_ <
FACILITY AND A WATER RECYCLING FAC m w z ,Ss,--
TO 24 HOURS PER DAY, 7 DAYS EACH WI re n ;�_:.-
FACILITY IN THE A(AGRICULTURAL)ZONI 'r'-"
LEGAL DESCRIPTION: LOT A OF REC O v IC
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SECTION 34, TOWNSHIP 7 NORTH, RANGE w IC_
LOCATION: NORTH OF AND ADJACENT g W ce Fa
ROAD 69. (See Legal Description for precise O (I) P X )
SIZE: 11.68 acres, more or less. J C -z In
DATED: January 8, 2015 O ac z
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