HomeMy WebLinkAbout20152025.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0020, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS SUPPORT AND SERVICE (NON-COMMERCIAL CLASS II OILFIELD
WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE
A(AGRICULTURAL)ZONE DISTRICT-WADE CASTOR AND DELAND CASTOR, C/O
WHITING OIL AND GAS
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 15th day of
July, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Wade Castor, 22791 Highway 39, Weldona, CO 80653-7908, and
Deland Castor, 25450 CR 10, Weldona, CO 80653-7908, do Whiting Oil and Gas,
1700 Broadway, Suite 2300, Denver, CO 80290, for a Site Specific Development Plan and Use
by Special Review Permit, USR15-0020, for Mineral Resource Development Facilities, Oil and
Gas Support and Service (non-commercial Class II Oilfield Waste Disposal Facility — saltwater
injection facility) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Subdivision Exemption, SUBX15-0011; being part of
the SW1/4 of Section 16, Township 9 North,
Range 59 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, 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.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
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that can support such development, and should attempt to be
compatible with the region."The site is in a rural agricultural area.
Conditions of Approval and Development Standards (on-site
lighting is required to be shielded and downcast and a noise limit
Development Standard is attached) are proposed to ensure
compatibility with the surrounding area.
2) Section 22-4-140.B (EP.Goal 2) of the Weld County Code states:
"Mineral resource exploration and production waste facilities should
be planned, located, designed and operated to encourage
compatibility with surrounding land uses in terms of items such as
general use, scale, height, traffic, dust, noise and visual pollution."
The site is located in a sparsely populated rural area. The nearest
residence is approximately one (1) mile to the east. The facility is
completely screened from this residence by an existing
hill/escarpment.
3) Section 22-4-140.B.1 (EP.Policy 2.1) states: "In reviewing the
operational and reclamation plans for solid and brine waste disposal
facilities, the County should impose such conditions, as necessary,
to minimize or eliminate the potential adverse impact of the
operation on surrounding properties and wildlife resources." The
site is in a rural area. Conditions of Approval and Development
Standards (on-site lighting is required to be shielded and downcast
and a noise limit Development Standard is attached) are proposed
to ensure compatibility with the surrounding area.
B. Section 23-2-230.B.2 - The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.2 of the Weld County Code allows Oil and Gas
Support and Service Facilities (Disposal and Recycling Sites for
Production Waste) as a Use by Special Review Permit in the
A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed facility is located in
a rural area. The nearest residence is approximately one (1) mile to the
east. The facility is completely screened from this residence by an existing
hill/escarpment.
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 not located within a three (3) mile referral area of
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any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality. Building permits issued on the
property will be required to adhere to the fee structure of the County-Wide
Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
E. 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 approximately nine (9) acres
delineated as "Other," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map.
F. 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 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 Wade Castor and Deland Castor, do Whiting Oil and
Gas, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0020, for
Mineral Resource Development Facilities, Oil and Gas Support and Service (non-commercial
Class II Oilfield Waste Disposal Facility — saltwater injection 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 map:
A. 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.
B. A Final Drainage Report and Certificate of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0020.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) Delineate the site lighting for compliance with Section 23-3-250.B.6
of the Weld County Code.
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5) All signs shall be shown and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County
Code.
6) County Road (CR) 113 is an unmaintained section line right-of-way.
The applicant shall verify and delineate the existing right-of-way and
the documents creating the right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is not
maintained by Weld County.
7) Show the approved access(es) and label with the approved Access
Permit Number (AP15-00170).
8) The applicant shall specifically indicate the type of
right-of-way/easement and whether it is dedicated, private, or
deeded and label with recorded document, book and page and/or
reception number.
9) Show and label the approved tracking control onto publically
maintained roadways.
10) Show the accepted water quality feature with volume and label as
WATER QUALITY FEATURE, NO-BUILD OR STORAGE AREA.
11) Show and label the accepted drainage features, drainage flow
arrows, turning radii, and parking and circulation.
2. Upon completion of Condition of Approval#1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map,
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the map 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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4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Operation:
A. Construction of the approved access and/or tracking control improvements
is required.
B. 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.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: /,�� ci• eido••� l-�t.C l L°�.,Gt
arbara Kirkmeyeri
air
Weld Co my Clerk to the Board
Mike Freeman, Pro-Tem
BY:
Deputy Cler o th ar. EXCUSED
1861 (=��= �� Sean P. Conway
:1/4F2P-17ED AS
Julie A. Cozaddt-1
ou Attorney
rI Steve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WADE CASTOR AND DELAND CASTOR, C/O WHITING OIL AND GAS
USR15-0020
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0020, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service
(Non-Commercial Class II Oilfield Waste Disposal Facility - saltwater injection facility) in
the A (Agricultural) Zone District, 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. The hours of operation are 24 hours a day, seven (7) days a week, as stated by the
applicant(s).
4. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
5. No disposal of waste, other than Class II, as currently defined by the Environmental
Protection Agency, is permitted. No Class II waste, other than Class II waste from wells
operated by the injection well operator, is permitted for disposal. Any changes from the
approved Class II use will require an amendment to this Use by Speci
al Review Permit.
6. 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 will be kept in good condition
and 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.
7. 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.
8. 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.
9. 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.
10. A leak detection system shall be designed and installed beneath concrete unloading
pad(s), piping, and sump(s). The unloading pad shall be kept in good condition and leak
detection and unloading pad plans shall be on-site and available upon request.
11. Secondary containment shall be concrete for all storage and processing tanks. Secondary
containment volume shall provide containment for the entire contents of the largest single
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tank plus sufficient freeboard to allow for precipitation. The plans and engineered drawings
will be stamped and signed by a Colorado registered Professional Engineer (PE).
Synthetic structures (non-concrete) are permitted, 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. The secondary containment shall be kept in good condition.
Secondary containment plans and certifications, volume calculations demonstrating
sufficient freeboard is available, and PE stamped drawings shall be on-site and available
upon request.
12. Unloading pad(s), secondary containment and tanks shall be inspected for integrity and
leaks at least monthly. Documentation of inspections will be kept onsite and available upon
request.
13. Any stained or 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.
14. 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 the WCDPHE.
15. The facility shall comply with the accepted Groundwater Monitoring Plan.
16. 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.
17. 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 accepted Waste Handling Plan
and with Chapter 14, Article 1 of the Weld County Code, at all times.
18. Fugitive dust and fugitive particulate emissions should be controlled on this site. Fugitive
dust should attempt to be confined on the property. Uses on the property shall comply with
the Colorado Air Quality Commission's air quality regulations.
19. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code
or with all applicable state noise statutes and/or regulations.
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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
and volatile organic compounds. All chemicals must be stored securely, on an impervious
surface, and in accordance with manufacturer's recommendations.
21. Adequate drinking, hand washing 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.
22. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on-site.
23. The applicant shall acquire an Air Pollution Emission Notice (APEN) and Emissions Permit
Application from the Air Pollution Control Division (APCD), Colorado Department of Health
and Environment, if applicable.
24. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
25. 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.
26. 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.
27. The historical flow patterns and runoff amounts will be maintained on the site
28. Weld County is not responsible for the maintenance of on-site drainage related features.
29. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
30. The right-of-way or easement shall be graded and drained to provide an all-weather
access.
31. There shall be no tracking of dirt or debris from the site onto publically maintained roads.
The applicant is responsible for mitigation of any offsite tracking and maintaining on-site
tracking control devices.
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32. 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 2014 National Electrical Code.
33. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
34. 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.
35. 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.
36. 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.
37. 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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