HomeMy WebLinkAbout20150066.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR14-0070
APPLICANT: GRASSLAND WATER SOLUTIONS LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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 FACILIITY, 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
LEGAL DESCRIPTION: LOT A RECX14-0095;W2NW4 SECTION 13,T10N, R61 W OF THE 6TH P.M.OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 95;APPROXIMATELY 1800 FEET SOUTH
OF CR 118 SECTION LINE.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-4-140.A. EP.Goal 1.states
"Encourage the minimization of mineral resource exploration and production waste and
require the safe disposal of it;" and EP.Policy 1.1.states "Due to the impacts from surface
impoundments and increasing public concern about them, other alternatives for disposal
should be considered." The proposal is for a Class II Brinewater Injection Well and
associated facilities.
Section 22-4-140.B. EP.Goal 2. Mineral resource exploration and production waste facilities
should be planned, located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use, scale, height,traffic,dust, noise
and visual pollution. This proposal has been reviewed by the appropriate referral agencies
and it has been determined that the attached Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and county.
Section 22-4-30.A. WA.Goal.1 states "Support the development of water that is put to
beneficial use, along with associated infrastructure." The proposed water recycling facility
and 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.
Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that
these basic rights and protections allow the free market to prosper and grow the local
economy. This proposal has been reviewed by the appropriate referral agencies and it has
been determined that the attached Conditions of Approval and Development Standards
ensure that there are adequate provisions for the protection of the health, safety and welfare
of the inhabitants of the neighborhood and county.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A •
Zone District. Section 23-3-40.A.2 of the Weld County Code provides f. EXHIBIT
Development Facilities, Oil and Gas Support and Service including a CI.
Disposal Facility-Saltwater Injection Facility, Water Recycling and a Tru
Facility as a Use by Special Review in the A (Agricultural) Zone Districi
11
Z01c - OOb1p
RESOLUTION USR14-0070
GRASSLAND WATER SOLUTIONS LLC
PAGE 2
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is bordered by agricultural uses, predominately 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, electronic mail from adjacent or surrounding property
owners or interested persons. Development Standards and Conditions of Approval will
ensure that this use will be compatible with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the 3-mile referral for the Town of Grover;the Town
did not return a referral response.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County Road Impact
Fee Area and the Capital Expansion Impact Fee area.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County-wide Road Impact Fee Program.
Building Permits issued on the proposed lots,will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The proposed facility is
located on soils designated as "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 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the USR Map:
A. The Map shall be amended to delineate the following:
1. All sheets of the USR Map shall be labeled USR14-0070. (Department of Planning
Services)
2. The USR Map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
RESOLUTION USR14-0070
GRASSLAND WATER SOLUTIONS LLC
PAGE 3
4. County Road 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 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 map. This road is maintained by Weld County.
(Department of Planning Services— Engineer)
5. Show the approved access on the map and label with the approved access permit
number(AP14-00407). (Department of Public Works)
6. Show and label standard tracking control onto publically maintained roadways on the
map. (Department of Planning Services— Engineer)
7. Show the accepted water quality feature on the map and label as (Water Quality
Feature, No-Build or Storage Area), as well as the design volume. (Department of
Planning Services— Engineer)
B. An Improvements Agreement and Road Maintenance Agreement is required for offsite
improvements. Road maintenance including dust control, damage repair, and triggers for
improvements will be included. (Department of Planning Services - Engineer)
C. The applicant shall submit additional information on their traffic narrative which includes the
expected haul routes, trip distribution along the haul route (i.e. 50%of traffic will come from
the north, 20% from the south, 30% from the east). (Department of Planning Services -
Engineer)
D. The applicant shall submit written evidence of a commercial well to Weld County Department
of Public Health and Environment. (Department of Public Health and Environment)
E. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health &Environment. The plan
shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number).
4. Solids and sediment will accumulate in the storage tanks. The waste handling plan
shall include a detailed plan that describes the method of how those solids will be
removed, including all on-site handling procedures.
5. The waste handling plan shall provide a commitment to notify the Weld County
Department of Public Health and Environment in writing, in the event the plan is
amended. The plan shall be reviewed and approved by the Weld County
Department of Public Health and Environment. (Department of Public Health and
Environment)
F. The applicant shall submit documentation to the Weld County Department of Public Health
and Environment that the Recycling Facility Initial Registration Form has been submitted to
the CDPHE Hazardous Materials and Waste Management Division. (Department of Public
Health and Environment)
G. The applicant shall submit two (2) paper copies of the Map or one electronic copy (.pdf) of
the same for preliminary approval to the Weld County Department of Planning Services.
(Department of Planning Services)
RESOLUTION USR14-0070
GRASSLAND WATER SOLUTIONS LLC
PAGE 4
2. Upon completion of Condition of Approval No.1. above. the applicant shall submit a Mylar Map along
with all other documentation required as Conditions of Approval. The Mylar Map shall be recorded in
the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The
Map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar Map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(c�co.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the Map not
be recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners approval was signed a$50.00 recording continuance charge may be added for each
additional 3 month period. (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. The applicant shall submit a Groundwater Monitoring Plan, and the Groundwater Monitoring
Plan shall be approved by Weld County Department of Health and Environment. Evidence of
such shall be submitted, it writing, to the Department of Planning Services. (Department of
Public Health and Environment)
B. The facility shall post financial assurance with the 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 Weld County Department of Public Health and
Environment that the appropriate financial assurance has been obtained. (Department of
Public Health and Environment)
C. A Detailed Closure Plan shall be submitted to Weld County Department of Public Health and
Environment and the Colorado Oil and Gas Conservation Commission. 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. (Department of
Public Health and Environment)
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 Weld
County Department of Public Health and Environment. (Department of Public Health and
Environment)
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 PE. The Weld County Department of Public Health and Environment
will consider structures other than concrete, provided a Colorado Registered PE provides a
certification indicating that the proposed alternate containment system meets, or exceeds,
the function of a concrete system with regard to containment, spills,and unintended releases.
Plans shall be submitted to and accepted by Weld County Department of Public Health and
Environment. (Department of Public Health and Environment)
RESOLUTION USR14-0070
GRASSLAND WATER SOLUTIONS LLC
PAGE 5
6. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Planning Services- Engineer)
B. A Construction Stormwater Permit is also required with the State for disturbing more than 1
acre. Contact: Colorado Department of Public Health and Environment,Water Quality Control
Division, Rik Gay, 303-692-3575. (Department of Planning Services- Engineer)
C. Right of way permit is required for any work within the public right of way. (Department of
Planning Services- Engineer)
D. Special transport permit is required for any over size or over weight vehicles. (Department of
Planning Services- Engineer)
7. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system(OWTS)is required for the proposed facility and shall
be installed according to the Weld County OWTS Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according to the Weld
County OWTS Regulations. (Department of Public Health and Environment)
8. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
9. One (1) month prior to the operation of the Recycling Facility:
A. The applicant shall provide evidence of a Recycling Facility Registration and a CDPHE-
approved design and operations plan. (Department of Public Health and Environment)
10. Within six (6) months of Operation:
A. A PE 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 Weld County Department of Public Health
and Environment. (Department of Public Health and Environment)
B. The applicant shall submit documentation to the Weld County Department of Public Health
and Environment that the facility was constructed in accordance with the application
materials. (Department of Public Health and Environment)
11. 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. (Department of Public Health and Environment)
RESOLUTION USR14-0070
GRASSLAND WATER SOLUTIONS LLC
PAGE 6
Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 16, 2014.
Dated the 16th of December, 2014.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Grasslands Water Solutions
do NGL Water Solutions DJ, LP
USR14-0070
1. The Site Specific Development Plan and Special Review Permit, USR14-0070, for Mineral
Resource Development Facilities, Oil and Gas Support and Service(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. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. No disposal of waste, other than Class II, as currently defined by the Environmental
Protection Agency, is permitted. Any changes from the approved Class II use will require an
amendment to this Use by Special Review Permit. (Department of Public Health and
Environment)
4. No disposal of waste, other than Class II, as currently defined by the Environmental
Protection Agency, is permitted. Any changes from the approved Class II use will require an
amendment to this Use by Special Review Permit. (Department of Public Health and
Environment)
5. All liquid wastes received at the facility shall be unloaded on the unloading pad. The
unloading/loading pad leak detection system shall be constructed and operated in
accordance with the approved design. The unloading pad shall be cleaned at a frequency
that prevents oils and other wastes from building up on the pad. During winter months, the
facility shall maintain the unlading pad free of ice. (Department of Public Health and
Environment)
6. Analytical waste data and environmental monitoring data shall be made available to Weld
County Department of Health and Environment upon request. The Weld County Department
of Health and Environment reserves the right to require additional monitoring. (Department of
Public Health and Environment)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.,as amended)shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Department of Public Health
and Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public
Health and Environment)
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. (Department of Public Health
and Environment)
10. The facility shall comply with the approved Groundwater Monitoring Plan. (Department of
Public Health and Environment)
11. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event the storm water is not adequately controlled on the site, upon
written notification from the WCDPHE or CDPHE, a comprehensive site-wide Stormwater Plan
shall be developed and implemented. The plan must be approved, in writing
RESOLUTION USR14-0070
GRASSLAND WATER SOLUTIONS LLC
PAGE 8
by the WCDPHE or CDPHE, prior to implementation. (Department of Public Health and
Environment)
12. 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)
13. Should recycling occur at the facility, the facility shall operate in accordance with their
CDPHE-approved design and operations plan.A copy of the annual Recycling Facility Annual
Reporting Form shall be submitted to WCDPHE by March 1 of each year. (Department of
Public Health and Environment)
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall operate in accordance with the approved "dust abatement plan", at all times.
(Department of Public Health and Environment)
15. 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)
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 2
consecutive hours a day or less than 2 fulltime employees are onsite, portable toilets and
bottled water are acceptable. Records of maintenance and proper disposal for portable toilets
shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
17. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to On-site
Wastewater Treatment Systems. (Department of Public Health and Environment)
18. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants
(HAPs)and volatile organic compounds(VOCs). All chemicals must be stored securely, on
an impervious surface, and in accordance with manufacturer's recommendations.
(Department of Public Health and Environment)
19. A current PE certified and signed copy Spill Prevention, Control and Countermeasure Plan
shall be available on site, at all times. (Department of Public Health and Environment)
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 Public Health and
Environment Water Quality Control Commission,and the Environmental Protection Agency.
(Department of Public Health and Environment)
21. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
22. The property owner or operator shall provide written evidence of an Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire
District and the Weld County Office of Emergency Management to the Department of
Planning Services. (Department of Planning Services)
RESOLUTION USR14-0070
GRASSLAND WATER SOLUTIONS LLC
PAGE 9
23. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private streets.
No colored lights may be used which may be confused with, or construed as, traffic control
devices. (Department of Planning Services)
24. Should noxious weeds exist on the property. or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
(Department of Planning Services - Engineer)
25. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services- Engineer)
26. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services - Engineer)
27. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized. (Department of Planning Services - Engineer)
28. Hours of operation are twenty-four(24)hours each day, seven(7)days per week—365 days
per year. (Department of Planning Services)
29. Buildings, equipment and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has been adopted by Weld
County: 2012 International Building Code; 2012 International Mechanical Code; 2012
International Plumbing Code: 2006 International Energy Code; 2012 International Fuel Gas
Code;2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of
the Weld County Code. (Department of Building Inspection)
30. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County-wide Road Impact Fee Program and the County Facility Fee and Drainage Impact
Fee Program. (Department of Planning Services)
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. (Department of Planning Services)
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. (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.
(Department of Planning Services)
34. 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
RESOLUTION USR14-0070
GRASSLAND WATER SOLUTIONS LLC
PAGE 10
into a rural area must recognize and accept there are drawbacks, including conflicts with
long-standing agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open
views, spaciousness,wildlife, lack of city noise and congestion,and the rural atmosphere and
way of life. Without neighboring farms, those features which attract urban dwellers to rural
Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well-
run agricultural activities will generate off-site impacts, including noise from tractors and
equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal
hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the
use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of
residential development. When moving to the County, property owners and residents must
realize they cannot take water from irrigation ditches, lakes, or other structures, unless they
have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and County roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the County, and the distances which must
be traveled may delay all emergency responses, including law enforcement,ambulance,and
fire. Fire protection is usually provided by volunteers who must leave their jobs and families
to respond to emergencies. County gravel roads, no matter how often they are bladed, will
not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial
farm dogs and livestock, and open burning present real threats. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood.
7C VI-CS
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 16, 2014
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning
Services; Wayne Howard, and Jennifer Petrik, Department of Engineering; Lauren Light and Heather
Barbare, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the December 2, 2014 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR14-0070
APPLICANT: GRASSLAND WATER SOLUTIONS LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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 FACILIITY, 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
LEGAL DESCRIPTION: LOT A RECX14-0095; W2NW4 SECTION 13, T10N, R61W OF THE 6TH P.M.
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 95;APPROXIMATELY 1800 FEET SOUTH
OF CR 118 SECTION LINE.
Kim Ogle, Planning Services, presented Case USR14-0070, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Wayne Howard, Engineering, reported on the existing traffic. access and drainage conditions and the
requirements on site.
Commissioner Maxey referred to the application which requests unlimited truck trips and asked Mr.
Howard his opinion if the trucks should be limited or if it will be covered by the road maintenance
agreement. Mr. Howard said these types of facilities have a maximum truck limit even though they ask
for an unlimited amount. He added that there will be an improvements agreement that should suffice and
deal with any potential problems from the truck traffic.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Doug White, NGL Water Solutions DJ, 3773 Cherry Creek North Drive, Suite 1000, Denver, stated that
NGL is leasing the 25 acre lot south of the existing water depot and is requesting to operate a saltwater
injection disposal facility. He said that there is a large demand for saltwater injection and added that they
will be seeing more requests for this. Mr. White said that the truck trips are limited to the capacity of the
wells.
Additionally, Mr. White noted that they are investing in the area by upgrading the electricity He added
that there will be a new substation and an 8 mile power line upgrade.
EXHIBIT
7
1il,R-114-6 0-4-0
Mr. White stated that they are receiving a large demand from the producers on pipelines. Along with
getting trucks off the roadways and with the recent move downward in oil price, producers are looking for
ways to save money and one quick and easy way to do that is by installing pipelines to decrease costs.
Additionally, Mr. White said that they are also requesting a recycle facility and truck washout. This
washout will be on site and believes that this is the next step to respond to the demand in the area for all
these services.
Commissioner Wailes asked if 3000 barrels is the daily capacity of the well. Mr. White said that there will
be two (2) wells and he expects to have 24.000 to 30,000 barrels per day.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Mr. Ogle noted that the Environmental Health Department is requesting to add a new Condition of
Approval 11 to read "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. "
Additionally, a new Development Standard 20 is requested to read 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 Public Health and Environment Water Quality Control Commission, and the
Environmental Protection Agency.
Motion : Add Condition of Approval 11 as stated by staff, Moved by Nick Berryman, Seconded by
Benjamin Hansford. Motion carried unanimously.
Motion : Add Development Standard 20 as stated by staff, Moved by Benjamin Hansford. Seconded by
Nick Berryman. Motion carried unanimously .
In response to the Chair's inquiry, Mr. White stated that he is in agreement with the amended conditions
of approval and development standards.
Motion : Forward Case USR14-0070 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola. Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford. Bruce Johnson. Bruce Sparrow. Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
Meeting adjourned at 6 37 pm .
Respectfully submitted,
dinfrfint. 'rand/tat,
Kristine Ranslem
Secretary
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