HomeMy WebLinkAbout20151055.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0006, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
OIL AND GAS SUPPORT FACILITY (CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY, WATER RECYCLING, A TRUCK
TANKER WASHOUT FACILITY AND A TANK STORAGE AREA WITH
CONTAINMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - BOOTH LAND
AND LIVESTOCK, LLC, C/O 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 22nd day
of April, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Booth Land and Livestock, LLC, 33071 US Highway 85, Lucerne, CO
80646, c/o NGL Water Solutions DJ, LLC, 3773 Cherry Creek North Drive, Denver, CO 80209,
for a Site Specific Development Plan and Use by Special Review Permit, USR15-0006, for
Mineral Resource Development Facilities, Oil and Gas Support Facility (Class II Oilfield Waste
Disposal Facility — saltwater injection facility, water recycling, a truck tanker washout facility and
a tank storage area with containment) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX15-0004; being part
of the S1/2 of Section 35, Township 7 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and represented by Doug White,
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.B of the Weld County Code as follows:
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.
CC OA; & Aps. 5/
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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 and will be permitted through the
Colorado Oil and Gas Conservation Commission (COGCC) prior
to operation.
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 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 regulations 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.B.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 (Class II Oilfield Waste Disposal Facility - saltwater
injection facility, water recycling, a truck tanker washout facility and a tank
storage area with containment) as a Use by Special Review in the A
(Agricultural) Zone District.
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C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is bordered
by agricultural uses, predominately center pivot sprinklers and flood
irrigated fields. Four (4) Use by Special Review Permits are within a mile
of the proposed facility. To the northwest is a Livestock Confinement
Operation (LCO) for 20,000 sheep and 3,000 cows (Harper Livestock
Company) permitted via USR-799. To the Southwest is an airstrip
associated with a crop dusting operation (Crop Air Inc.) permitted via
USR-814. To the southeast is an LCO for 11,240-head of cattle and 20
dairy cows (JF Cattle — Johnson Dairy) permitted via 2nd AmUSR-1282.
To the northeast is a feedlot for 2,000-head of cattle (Booth Land &
Livestock) permitted via SUP-395. The residential development is
primarily located on the south side of County Road (CR) 74 between CR's
45 and 47 with five (5) residences located within 0.5 miles of the
proposed facility. There are two (2) residences in the general area, with
the nearest residence owned by Irvine Inc. directly south of the property,
and the second residence adjacent to the property near the intersection of
CR's 74 and 47, associated with the Johnson Dairy. There are nine (9)
residences located on 13 parcels near the intersection of CR's 74 and 45.
Two (2) letters were received from property owners at this location. The
first letter was from Dale and Marsha Trowbridge, property owners
located north of CR 74 and west of and adjacent to CR 45, who raised
concerns about the safeguards of their well water, safeguards for the
transient movement of injection fluids below their property, and the 160
trucks per day operating 24 hours a day. Their issue is the unknown that
the injection well brings. A second letter received from Groves Farm, LLC,
with Dale and Marsha Trowbridge acting as managers, addresses the
same concerns. There are numerous oil and gas facilities and their
existing encumbrances for PDC Energy on this parcel and PDC Energy
and Noble Energy, Inc., on adjacent properties. Staff has received two (2)
letters of concern, and no telephone calls, 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 area for
the Town of Eaton. The Town did not return a referral response for this
application.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot will
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be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
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 a 26.1 acre leasehold
parcel of land created between two (2) center pivots of a 260-acre parcel
of land utilized for agricultural productions. The land not associated with
the facility will remain in agricultural production. The soils are
predominately designated as "Irrigated Land — Not Prime" and "High
Potential Dry Cropland — Prime if they become Irrigated," per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The
facility is predominately located on lands designated as "Irrigated Land —
Not Prime".
G. Section 23-2-230.B.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 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 Booth Land and Livestock, LLC, c/o NGL Water
Solutions DJ, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0006, for Mineral Resource Development Facilities, Oil and Gas Support Facility (Class
II Oilfield Waste Disposal Facility — saltwater injection facility, water recycling, a truck tanker
washout facility and a tank storage area with containment) in the A (Agricultural) Zone District,
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 USR15-0006.
2) The USR Map shall be prepared per Section 23-2-260.D of the
Weld County Code.
3) The attached Development Standards.
4) CR 74 is a paved road and is designated on the Weld County
Road Classification Plan as an Arterial road, which requires 140
feet of right-of-way at full buildout. The applicant shall verify and
delineate on the plat the future and existing right-of-way and the
documents creating the existing right-of-way. If the existing right
of way cannot be verified it shall be dedicated. All setbacks shall
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be measured from the edge of future right-of-way. 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 (AP15-00013).
6) The applicant shall show and label standard tracking control
(double cattle guards) 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."
8) The applicant shall show and label the accepted drainage
features, drainage flow arrows, turning radii, and parking and
circulation on the map.
9) The applicant shall show any proposed gate back a minimum of
75 feet from the future right-of-way.
10) Vehicle washing areas should be designated and accurately
delineated on the plat.
11) Tank areas should be designated and accurately delineated on
the plat.
B. An Improvements Agreement and Road Maintenance Agreement is
required for off-site improvements at this site. Road maintenance,
including dust control, damage repair, specified haul routes and future
triggers for improvements, will be included.
C. The applicant shall submit written evidence of a commercial well to Weld
County Department of Public Health and Environment.
D. The applicant shall submit a Waste Handling Plan, for review, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment, to be approved by the Board of County
Commissioners. 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).
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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 by the Weld County Department of Public Health and
Environment and approved by the Board of County
Commissioners.
E. The applicant shall submit a Groundwater Monitoring Plan, which shall be
reviewed by the Weld County Department of Public Health and
Environment and approved by the Board of County Commissioners.
Evidence of such shall be submitted, in writing, to the Department of
Planning Services.
F. The applicant shall submit two (2) paper copies of the Map or one (1)
electronic copy (.pdf) of the same for preliminary approval to the Weld
County Department of Planning Services.
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 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 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.
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5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction. The applicant
shall contact the Planning Department for application information.
6. 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.
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.
7. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with
the Office of Emergency Management (OEM) 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.
B. Construction of the approved access and/or tracking control
improvements is required prior to operation.
C. A Stop sign will be required to be installed at the facility accesses onto
CR 74.
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.
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
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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.
8. One (1) month prior to the operation of the Recycling Facility:
A. The applicant shall provide evidence of a Recycling Facility Registration
and a Colorado Department of Public Health and Environment (CDPHE)
approved Design and Operations Plan.
9. One (1) month prior to the operation of the Truck Washout Facility:
A. In the event vehicle or equipment washing will occur on-site, the applicant
shall submit documentation to demonstrate that washing area(s) shall
capture all effluent and prevent discharges.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COL RADO
ATTEST: W. Stc -� tutu Axir
arbara Kirkmeyer, Chair
Weld County Clerk to the Board "snit . (-1
1 V �+''-cC'lD gam_
- n ' Mike Freeman, Pro-Tem
BY: c �6.o� Q h �- � T c-
De Clerk to he Boar G'� 4, s — T.
eanP. Con y ,
APPROVED AS TO FOR ( tj1)V1/21 a'-'
u� .
County Attorney EXCUSED
Steve Moreno
Date of signature: 5h2./
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BOOTH LAND AND LIVESTOCK, LLC, C/O NGL WATER SOLUTIONS DJ, LLC
USR15-0006
1. The Site Specific Development Plan and Special Review Permit, USR15-0006, is for
Mineral Resource Development Facilities, Oil and Gas Support Facility (Class II Oilfield
Waste Disposal Facility — saltwater injection facility, water recycling, a truck tanker
washout facility and a tank storage containment area) 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 unlading pad free of ice.
5. Analytical waste data and environmental monitoring data shall be made available to
Weld County Department of Public Health and Environment (WCDPHE) upon request.
The WCDPHE reserves the right to require additional monitoring.
6. 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.
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
8. Any contaminated soils on the facility shall be removed and disposed of in accordance
with applicable rules and regulations. All spills will be documented and records will be
kept on-site for WCDPHE review upon request. All spills will be reported to local, state
and federal agencies in accordance with all state and federal regulations.
9. The WCDPHE will be notified prior to the closure of the facility. Upon site closure, the
facility will remove all wastes from the site and decontaminate all equipment, tanks, and
secondary containment. All wastes removed from the site during closure activities will be
disposed of off-site, in accordance with all state and federal rules and regulations and
with Weld County Code. Documentation of closure activities will be provided to
WCDPHE.
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10. The facility shall comply with the approved Groundwater Monitoring Plan.
11. All tanks will be labeled in accordance with the Colorado Oil and Gas Conservation
Commission (COGCC) and National Fire Protection Association (NFPA) requirements.
12. Any vehicle or equipment washing areas shall be maintained to capture all effluent and
prevent discharges in accordance with all county, state and federal rules and
regulations.
13. 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 Colorado Department of Public Health
and Environment (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.
14. 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.
15. The facility shall operate in accordance with their CDPHE approved Design and
Operations Plan. A copy of the Recycling Facility Annual Reporting Form shall be
submitted to WCDPHE by March 1st of each year.
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the approved Dust Abatement Plan, at all times.
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on-site for less than
two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the WCDPHE. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
18. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On-site Wastewater Treatment Systems.
19. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the private water supply.
20. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling, and in a manner that minimizes the release of Hazardous Air
Pollutants (HAPs) and Volatile Organic Compounds (VOCs). All chemicals must be
stored securely, on an impervious surface, and in accordance with manufacturer's
recommendations.
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21. A current Professional Engineer (PE) certified and signed copy of a Spill Prevention,
Control and Countermeasure Plan shall be available on-site, at all times.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. The property owner or operator shall provide written evidence of an Emergency Action
and Safety Plan on or before March 15th of any given year signed by representatives for
the Fire District and the Weld County Office of Emergency Management to the
Department of Planning Services.
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
25. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
26. The historical flow patterns and runoff amounts will be maintained on the site.
27. Weld County is not responsible for the maintenance of on-site drainage related features.
28. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
29. Hours of operation are twenty-four (24) hours each day, seven (7) days per week — 365
days per year.
30. The facility shall be limited to a maximum of 160 truck round trips per day (320 truck
single trips per day).
31. The operation of a temporary Class II Oilfield Waste Disposal Facility - Saltwater
Injection Facility, and associated infrastructure will be permitted for a period of six (6)
months per County policy prior to meeting the Conditions of Approval associated with
USR15-0006 and with Weld County staff approval. The operator of the facility shall
provide, in writing, when the facility will commence operations. At the end of this six
month operational period all temporary equipment shall be dismantled and removed if
not a part of the permanent facility.
32. The applicant shall correct the issues, caused by the construction of the access point, to
the private irrigation ditch located on the north side and running parallel to CR 74.
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33. Buildings, equipment and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following have been
adopted by Weld County: 2012 International Codes, 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.
34. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-wide Road Impact Fee,County Facility Fee and Drainage Impact
Fee Programs.
35. 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.
36. 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.
37. 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.
38. 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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