HomeMy WebLinkAbout20150065.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0070, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
OIL AND GAS SUPPORT FACILITY, INCLUDING A CLASS II OILFIELD WASTE
DISPOSAL FACILITY- SALTWATER INJECTION FACILITY, A WATER RECYCLING
FACILITY, AND A TANKER WASHOUT FACILITY, OPERATING 24 HOURS A DAY, 7
DAYS A WEEK, 365 DAYS PER YEAR WITH UNLIMITED TRUCK TRIPS TO THE
FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - GRASSLAND WATER
SOLUTIONS, 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 7th day of
January, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Grassland Water Solutions, LLC, 1400 16th Street Mall, Suite 400,
Denver, CO 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0070, for Mineral Resource Development Facilities, Oil and Gas Support Facility,
including a Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility, a Water
Recycling Facility, and a Tanker Washout Facility, operating 24 hours a day, 7 days a 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, RECX14-0095;
W1/2 NW1/4 of Section 13, Township 10 North,
Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Doug White,
NGL Water Solutions, 8207 W. 20th Street, Greeley, CO 80634, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
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A. Section 23-2-230.B.1 -- The proposed Use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-4-140.A (EP.Goal 1) states: "Encourage the
minimization of mineral resource exploration and production waste
and require the safe disposal of it;" and (EP.Policy 1.1) states:
"Due to the impacts from surface impoundments and increasing
public concern about them, other alternatives for disposal should
be considered." The proposal is for a Class II Brinewater Injection
Well and associated facilities.
2) Section 22-4-140.B (EP.Goal 2) states: "Mineral resource
exploration and production waste facilities should be planned,
located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use,
scale, height, traffic, dust, noise and visual pollution." This
proposal has been reviewed by the appropriate referral agencies
and it has been determined that the attached Conditions of
Approval and Development Standards ensure that there are
adequate provisions for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and county.
3) 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 permitted
groundwater 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.
4) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "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 23-2-230.6.2 -- 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 and a Truck Tanker
Washout Facility as a Use by Special Review in the A (Agricultural) Zone
District.
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C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is bordered
by agricultural uses, predominately grazing and rangelands with sparsely
populated residential development. There are no residences in the
general area, with the nearest residence more than one-half mile from the
site. Oil and gas facilities are existing encumbrances on this parcel and
adjacent properties. Staff has received no letters, telephone calls, or
electronic mail from adjacent or surrounding property owners or
interested persons. The Conditions of Approval and Development
Standards will ensure that this Use will be compatible with surrounding
land uses.
D. Section 23-2-230.B.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 three (3)-mile referral for the
Town of Grover; the Town did not return a referral response.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot will
be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs. The
existing site is not within a recognized overlay district, including the
Geologic Hazard, Flood Hazard or Airport Overlay District.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed facility is located on soils designated as
"Prime if they become Irrigated," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. Lands to the north are
improved with the water load out and storage facility, permitted under
USR-1787 and USR12-0077 with the lands to the east, south and west
utilized for grazing activities.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Grassland Water Solutions, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0070, for Mineral
Resource Development Facilities, Oil and Gas Support Facility, including a Class II Oilfield
Waste Disposal Facility — Saltwater Injection Facility, a Water Recycling Facility, and a Tanker
Washout Facility, operating 24 hours a day, 7 days a week, 365 days per year with unlimited
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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. Prior to recording the USR Map:
A. The Map shall be amended to delineate the following:
1. All sheets of the USR Map shall be labeled USR14-0070.
2. The USR Map shall be prepared per Section 23-2-260.D of the
Weld County Code.
3. The attached Development Standards.
4. County Road (CR) 95 is designated on the Weld County Road
Classification Plan as a gravel local road, which requires 60 feet of
right-of-way at full buildout. 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 map. This road is maintained by
Weld County.
5. The applicant shall show the approved access on the map and
label with the approved Access Permit Number(AP14-00407).
6. The applicant shall show and label standard tracking control onto
publically maintained roadways on the map.
7. The applicant shall show the accepted water quality feature on the
map and label as (Water Quality Feature, No-Build or Storage
Area), as well as the design volume.
B. The applicant shall ensure that any vehicle washing area(s) shall capture
all effluent and prevent discharges from the washing of vehicles in
accordance with the rules and regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. Vehicle washing
areas should be designated on the plat.
C. An Improvements and Road Maintenance Agreement is required for
offsite improvements. Road maintenance including dust control, damage
repair, and triggers for improvements will be included.
D. The applicant shall submit additional information on the traffic narrative
which includes the expected haul routes and trip distribution along the
haul route (i.e. 50% of traffic will come from the north, 20% from the
south, 30%from the east).
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E. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the WCDPHE. 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
WCDPHE in writing, in the event the plan is amended, for their
review.
F. The applicant shall submit documentation to the WCDPHE that the
Recycling Facility Initial Registration Form has been submitted to the
Colorado Department of Public Health and Environment (CDPHE)
Hazardous Materials and Waste Management Division.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
3. The Department of Planning Services 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.
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
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twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period.
5. Prior to the Release of Building Permits:
A. The applicant shall submit a Groundwater Monitoring Plan to the
WCDPHE for approval, and evidence of such shall be submitted, in
writing, to the Department of Planning Services.
B. The facility shall post financial assurance with the Colorado Oil and Gas
Conservation Commission (COGCC). The financial assurance shall be
adequate to cover a third-party closure of the facility, including the
plugging and abandonment of the well, in accordance with industry
standards, and the removal of all structures (including concrete) on the
facility. The site shall be returned to its original grade. The facility shall
submit evidence to WCDPHE that the appropriate financial assurance
has been obtained.
C. A Detailed Closure Plan shall be submitted to WCDPHE and the COGCC.
The Closure Plan shall include a description of the manner in which the
well will be plugged and abandoned, as well as specific details regarding
reclamation of the property. No structures or equipment associated with
the facility shall remain on the property following closure.
D. Detailed Plans for a concrete unloading pad shall be submitted for
acceptance. A leak detection system shall be designed and installed
beneath the concrete unloading pad(s) and sump(s). The plans and
engineered drawings will be stamped and signed by a Colorado
Registered Professional Engineer (PE). Plans shall be submitted to, and
accepted by, the WCDPHE.
E. Detailed plans for the concrete secondary containment structure for all
storage and processing tanks shall be submitted for acceptance.
Secondary containment volume shall provide containment for the entire
contents of the largest single tank plus sufficient freeboard to allow for
precipitation. The plans and engineered drawings will be stamped and
signed by a Colorado Registered Professional Engineer. The WCDPHE
will consider structures other than concrete, provided a Colorado
Registered Professional Engineer provides a certification indicating that
the proposed alternate containment system meets, or exceeds, the
function of a concrete system with regard to containment, spills, and
unintended releases. Plans shall be submitted to, and accepted by, the
WCDPHE.
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6. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
B. A Construction Stormwater Permit is also required with the State for
disturbing more than one (1) acre. Contact: Colorado Department of
Public Health and Environment, Water Quality Control Division, Rik Gay,
303-692-3575.
C. A Right-of-Way Permit is required for any work within the public
right-of-way.
D. A Special Transport Permit is required for any over size or over weight
vehicles.
7. Prior to the issuance of the Certificate of Occupancy:
A. An On-site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County
OWTS Regulations. The septic system is required to be designed by a
Colorado Registered Professional Engineer according to the Weld County
OWTS Regulations.
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. The applicant
shall submit evidence of acceptance to the Department of Planning
Services.
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.
10. Within six (6) months of Operation:
A. A professional engineer certified and signed copy of the Spill Prevention,
Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112 shall be provided to
Environmental Health Services Division of the WCDPHE.
B. The applicant shall submit documentation to the WCDPHE that the facility
was constructed in accordance with the application materials.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of January, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, ORADO
ATTEST: W (
C1,d / to.gi arbara Kirkmeye , Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY:
De.0 Clerk to the B '• � 1 ��
; ;✓ -� Sean P. Con ay
1861 t
APPROVED AS TO FO'j :
Julie A. zad
County Attorney � w
Steve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GRASSLAND WATER SOLUTIONS, LLC
USR14-0070
1. The Site Specific Development Plan and Special Review Permit, USR14-0070, is for
Mineral Resource Development Facilities, Oil and Gas Support Facility, including a
Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility, Water Recycling
and a Truck Tanker Washout Facility in the A (Agricultural) Zone District, as indicated in
the application materials on file and subject to the Development Standards stated
hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. No disposal of waste, other than Class II, as currently defined by the Environmental
Protection Agency, is permitted. Any changes from the approved Class II use will require
an amendment to this Use by Special Review Permit.
4. All liquid wastes received at the facility shall be unloaded on the unloading pad. The
unloading/loading pad leak detection system shall be constructed and operated in
accordance with the approved design. The unloading pad shall be cleaned at a
frequency that prevents oils and other wastes from building up on the pad. During winter
months, the facility shall maintain the unloading pad free of ice.
5. Temporary tanks will be on-site no longer than six (6) months. All tanks, including
temporary tanks will be labeled in accordance with Colorado Oil and Gas Conservation
Commission and National Fire Protection Association requirements.
6. Analytical waste data and environmental monitoring data shall be made available to
Weld County Department of Public Health and Environment upon request. The Weld
County Department of Public Health and Environment reserves the right to require
additional monitoring.
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
9. 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.
10. The facility shall comply with the approved Groundwater Monitoring Plan.
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11. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event the stormwater is not adequately controlled on the site,
upon written notification from the WCDPHE or 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.
12. 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.
13. Should recycling occur at the facility, the facility shall operate in accordance with the
CDPHE-approved Design and Operations Plan. A copy of the annual Recycling Facility
Annual Reporting Form shall be submitted to the WCDPHE by March 1 of each year.
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the approved Dust Abatement Plan, at all times.
15. 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.
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. If employees or contractors are on-site for less than
two (2) consecutive hours a day or if two (2) or less fulltime employees are on-site,
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. Should the facility have more than two (2) fulltime employees on-site, the
applicant shall submit written evidence of a commercial well to Weld County Department
of Public Health and Environment.
17. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On-site Wastewater Treatment Systems.
18. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of Hazardous Air
Pollutants (HAPs) and Volatile Organic Compounds (VOCs). All chemicals must be
stored securely, on an impervious surface, and in accordance with manufacturer's
recommendations.
19. A current professional engineer certified and signed copy of the Spill Prevention, Control
and Countermeasure Plan shall be available on-site, at all times.
20. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Colorado Department of
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Public Health and Environment Water Quality Control Commission, and the
Environmental Protection Agency.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. The property owner or operator shall provide the Department of Planning Services with
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.
23. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
24. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
25. The historical flow patterns and runoff amounts will be maintained on the site.
26. Weld County is not responsible for the maintenance of on-site drainage related features.
27. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
28. Hours of operation are twenty-four (24) hours each day, seven (7) days per week, 365
days per year.
29. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2011 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing
the wet stamp of a Colorado registered architect or engineer must be submitted for
review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection.
30. Building Permits issued on the proposed lot will be required to adhere to the fee
structure of the County-wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
31. 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.
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32. 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.
33. 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.
34. 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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