HomeMy WebLinkAbout20151043.tiff LAND USE APPLICATION
\ SUMMARY SHEET
Planner: C. Gathman Hearing Date: March 17, 2015
Case Number: USR14-0087
Applicant: Whiting Oil and Gas C/O Kevin Pittman
Address: 1700 Broadway, Suite 2300, Denver, CO. 80290
Request: A Site Specific Development Plan and Special Review Permit 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.
Legal All of Section 26, T1ON, R58W of the 6th P.M., Weld County, CO
Description:
Location: One mile south of County Road 116 and one mile east of County Road 127.
Size of Parcel: +/- 598 acres Parcel No. 028526000001
(USR operations area: +/-
22 acres)
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Planning Services-Engineer, referral dated February 6, 2015
v Weld County Department of Public Health and Environment, referral dated February 4, 2015
v West Greeley Soil Conservation District, referral dated January 22, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Zoning Compliance, referral dated January 12, 2015
➢ Weld County Sheriff's Office, referral dated January 15, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
➢ New Raymer Stoneham Fire Protection District
➢ Colorado Parks and Wildlife
➢ Colorado Oil and Gas Commission
➢ Office of Emergency Management
➢ Department of Building Inspection
USR14-0087, Whiting Oil and Gas, Page 1 of 11
I r SPECIAL REVIEW PERMIT
I' ADMINISTRATIVE REVIEW
. U
N"v -/
Planner: C. Gathman Hearing Date: March 17, 2015
Case Number: USR14-0087
Applicant: Whiting Oil and Gas CIO Kevin Pittman
Address: 1700 Broadway, Suite 2300, Denver, CO. 80290
Request: A Site Specific Development Plan and Special Review Permit 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.
Legal Being part of S2NW4 of Section 27, T5N, R65W of the 6th P.M., Weld County, CO
Description:
Location: One mile south of County Road 116 and one mile east of County Road 127.
Size of Parcel: +/- 598 acres (USR Parcel No. 028526000001
operations area: +/22
acres)
Case Summary:
The applicants are proposing a Class II Oilfield Waste (produced water) Injection Facility. The facility is
proposed to be non-commercial facility as only Whiting oilfield waste will be disposed on the site. The
application proposes to primarily pipe produced water to the facility but the ability to truck produced water
to the facility is also included with this application. The application indicates approximately 5 haul trucks
per day will access the facility. The facility will encompass approximately 22 acres. The applicants are
proposing to lease this operations area from the landowner (Timbro Ranch & Cattle CO, LLC) and have
applied for a Subdivision Exemption (SUBX15-0005) for this operations area. SUBX15-0005 will need to
be submitted for recording prior to the Board of County Commissioners hearing.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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 22-2-20 G.2 A.Policy 7.2 of the Weld County Code states:" Conversion of
agricultural land to nonurban residential, commercial and industrial uses should be
accommodated when the subject site is in an area that can support such development,
and should attempt to be compatible with the region."
The site is in a rural agricultural area. Development Standards and Conditions of
USR14-0087, Whiting Oil and Gas, Page 2 of 11
Approval (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.
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.
Section 22-4-140 B. 1. EP.Policy 2.1 of the Weld County Code 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. Development Standards and Conditions of Approval (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 23-2-220.A.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 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 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. A letter of objection dated February 10, 2015 was
received from Hopkins & Huebner, P.C. on behalf of an adjacent property owner (Joan
Stanley — sole member of GJ Flattop LLC). The two concerns/objections listed were: 1)
concerns regarding contamination of well water due to above ground spills and/or leaking
below ground pipes and 2) the potential for increased dust and road damage from trucks
accessing the site. There are a number of conditions of approval (groundwater monitoring
plan and requirement for a concrete unloading pad...) to address the potential for spills
and/or leaking pipes. Also, a road maintenance and improvements agreement is required
to address the potential for future road damage and a dust abatement plan has been
submitted by the applicant.
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 not located within a three (3) mile referral area of any municipality, nor is it
located within any existing Intergovernmental Agreement Area (IGA)of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
USR14-0087, Whiting Oil and Gas, Page 3 of 11
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 approximately 22 acres delineated as "Other" and
"Prime if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The parcel that the facility will be located on is not irrigated.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
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 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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. 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). (Department of Environmental Health)
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.
B. An Improvements Agreement and road maintenance agreement is required for this site.
Road maintenance including dust control, damage repair, specified haul routes and future
triggers for improvements will be included. (Department of Public Works)
C. The applicant shall complete a Nonexclusive License Agreement for the Upgrade and
Maintenance of Weld County Right-of-Way (County Road 133 and County Road 114).
(Department of Planning Services - Engineer)
D. A Final Drainage Report with a Certificate of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of
Planning Services - Engineer)
F. The applicant shall attempt to address the comments of the West Greeley Soil
Conservation District as stated in their referral dated January 22, 2015. Written evidence of
such shall be provided to the Department of Planning Services. (West Greeley Soil
Conservation District)
USR14-0087, Whiting Oil and Gas, Page 4 of 11
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0087 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. (Department of
Planning Services)
5. Site Lighting. (Department of Planning Services)
6. Signage. Signs shall be in compliance with Chapter 23, Article IV, Division II and
Appendices 23-C, 23-D and 23-E of the Weld County Code.. (Department of
Planning Services)
7. Show the approved access(es) on the map and label with the approved access
permit number (AP11-00363). (Department of Planning Services - Engineer)
8. The applicant shall indicate specifically on the plat any right of way and/or easements
and indicate whether they are dedicated, private, or deeded and label with recorded
document, book and page and/or reception number to provide adequate access to
the parcel. (Department of Planning Services - Engineer)
9. Show and label standard tracking control onto publically maintained roadways on the
map. (Department of Planning Services - Engineer)
10. Show the accepted water quality feature on the map with volume and label as
WATER QUALITY FEATURE, NO-BUILD OR STORAGE AREA. (Department of
Planning Services—Engineer)
11. Show and label the drainage flow arrows and parking and circulation on the map.
(Department of Planning Services— Engineer)
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. (Department of Planning
Services)
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. (Department of Planning Services)
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
USR14-0087, Whiting Oil and Gas, Page 5 of 11
sent to maps@co.weld.co.us. (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),
piping, 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 Professional Engineer. 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)
5. 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. Right of way permit is required for any work within the public right of way. (Department of
Planning Services - Engineer)
C. Special transport permit is required for any over size or over weight vehicles. (Department of
Planning Services - Engineer)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of
USR14-0087, Whiting Oil and Gas, Page 6 of 11
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)
7. Within 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 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)
8. Prior to the issuance of the Certificate of Occupancy:
A. An on-site waste-water treatment system is required for the proposed facility and shall be
installed according to the Weld County On-site Waste-water Treatment System (O.W.T.S.)
Regulations. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County O.W.T.S. Regulations. (Department of
Public Health and Environment)
9. 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. (Department of Planning Services)
USR14-0087, Whiting Oil and Gas, Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Whiting Oil and Gas
USR14-0087
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0087, 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. (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. The hours of operation are 24 Hours a day/7 days a week, as stated by the applicant(s). (Department
of Planning Services)
4. The Emergency Action and Safety Plan shall be reviewed on an annual basis by the Facility operator,
the Fire District and the Weld County Office of Emergency Management. (Department of Planning
Services)
5. The signage on the site shall be maintained in accordance with Chapter 23, Article IV and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
6. 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)
7. 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 unlading pad free of ice. (Department of Public Health and Environment)
8. Analytical waste data and environmental monitoring data shall be made available to Weld County
Department of Health and Environment (WCDPHE) upon request. The Weld County Department of
Health and Environment reserves the right to require additional monitoring. (Department of Public
Health and Environment)
9. 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. (Department of Public Health and Environment)
10. 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. (Department of Public Health and Environment)
11. 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. (Department of Public Health and Environment)
12. The facility shall comply with the approved Groundwater Monitoring Plan. (Department of Public
Health and Environment)
USR14-0087, Whiting Oil and Gas, Page 8 of 11
13. 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 by the WCDPHE or CDPHE, prior to
implementation. (Department of Public Health and Environment)
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 applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
15. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
16. 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. (Department of Public Health
and Environment)
17. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (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 and volatile organic
compounds. All chemicals must be stored securely, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
19. 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 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 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)
20. A current professional engineer certified and signed Spill Prevention, Control and Countermeasure
Plan shall be available on site, at all times. (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. 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)
23. 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)
24. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
USR14-0087, Whiting Oil and Gas, Page 9 of 11
25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
26. 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. (Department of Building Inspection)
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
USR14-0087, Whiting Oil and Gas, Page 10 of 11
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.
USR14-0087, Whiting Oil and Gas, Page 11 of 11
AGREEMENT BETWEEN WHITING OIL AND GAS CORPORATION AND WELD
COUNTY FOR THE EARLY RELEASE OF BUILDING PERMIT OLG15-00087
THIS AGREEMENT ("Agreement") is made and entered into this 7I day of
, 2015, by the County of Weld, State of Colorado, acting through the Weld County
Department of Planning Services (collectively referred to as the "County"), and Whiting Oil And
Gas Corporation, whose address is 1700 Broadway, Suite 2300, Denver, Colorado 80290.
RECITALS
WHEREAS, the Applicant is the owner of real property described as SUBX15-0005
being part of Section 26, Township 10 North Range 58 West("Property"), and
WHEREAS, the Applicant has applied for a Site Specific Development Plan and Special
Review Permit 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, and
WHEREAS, the Department of Planning Services accepted the land use application for
USR14-0087 on December 31, 2014, and
WHEREAS, the Department of Planning Services conditional approved the land use
application for USR14-0087 on March 17, 2015, and
WHEREAS, a standard condition of Use by Special Review is that no building or
electrical permits may be issued on the property until the Use by Special Review map for
USR14-0087 is ready to be recorded in the office of the Weld County Clerk and Recorder, and
WHEREAS, the Applicant, has applied for a building permit for Oil & Gas Waste
Disposal Facility under building permit number OLGI5-00087, and
WHEREAS, the Applicant is requesting that building permit OLG15-00087 be issued
prior to approval of USR14-0087 by the Department of Planning Services and prior to submittal
of the USR14-0087 map for recording.
NOW, THEREFORE, in consideration of the foregoing, the County consents to the
release of building permit OLG15-00087 and in exchange, the Applicant agrees to comply with
the following terms and conditions:
1. The above recitals are incorporated herein by reference as though set forth herein verbatim.
2. The Applicant shall obtain the necessary building permits and approvals from the Weld
County Department of Building Services prior to commencing work.
Page 1 of 3
3. Staging of parking trucks on the travel lanes of the public roads adjacent lo the Properly is
prohibited. Nuisance conditions, including, but not limited to, mud and puddles on roads, are
to be prevented and immediately addressed by the Applicant, at the Applicant's expense, to
the County's reasonable satisfaction.
4. The Applicant shall be responsible, at the Applicant's sole expense, for dust controlling,
excavating, repairing, or patching any damage resulting from ingress or egress from the
Property to adjacent roadways. The County shall be consulted prior to any work being
conducted on any County road. The type and method of repair will be determined by County
using commercially reasonable standards and must be performed and completed to the
County's reasonable satisfaction.
5. The Applicant shall be responsible, for grading in compliance with the approved grading
permit GRD15-0027.
6. County permission given to the Applicant through this Agreement to occupy the Property is
for the sole limited purpose of installing Oil & Gas Waste Disposal Facility per building
permit number OLG15-00087.
7. Building permit OLG15-00087 shall not be finaled and the installed equipment and structures
shall not be operated or utilized until USR14-0087 has been approved by the Department of
Planning Services and all USR14-0087 conditions of approval have been completed and the
map has been submitted for recording.
8. In the event USR14-0087 is not approved by the Department of Planning Services or the
final map is not submitted for recording within one hundred and twenty (120) days of
the date of the conditional approval of USR14-0087 by the Weld County Department of
Planning Services, this Agreement shall terminate and the Applicant shall have thirty
(30) days to remove all buildings, equipment, and improvements of any kind that do not
conform to the Weld County Code and to return the Property to the condition it was in
prior to the execution of this Agreement. Failure to do so within the thirty (30) day
period may result in prosecution for violations of the Weld County Code.
9. Failure by the Applicant to adhere to the terms and conditions of this Agreement, as solely
determined by the County, may, at the County's sole discretion, result in the termination of
this Agreement. In the event this Agreement is so terminated, the Applicant shall have thirty
(30) days to remove all improvements, including but not limited to buildings or other
structures, and equipment that do not conform to the Weld County Code and to return the
Property to the condition it was in prior to the execution of this Agreement. Failure to do so
within the thirty (30) day period may result in prosecution for violations of the Weld County
Code.
Page 2 of 3
10. Applicant acknowledges that all work done pursuant to OLG15-00087 is at Applicant's sole
risk and expense and the early release of OLG15-00087 pursuant to this Agreement in no
way indicates whether USR14-0087 will be approved by the Department of Planning
Services or under what conditions it may be approved.
Signed this j I day of M 4 fit 2015.
Weld County Departmen of Planning Services Whiting Oil and Gas Corporation
-
Tom Parko,Jr., Director
Print Name: ,I(✓ =
Aq
Title: �_1 �l� �t(�J .. 3 IV"'^41�i�-
Page 3 of 3
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
p - i FAX: (970)304-6498
r �
February 13, 2015
PITTMAN KEVIN
1700 BROADWAY STE 2300
DENVER, CO 80290
Subject: USR14-0087 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE
(CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
On parcel(s)of land described as:
ALL OF SECTION 26, T10N, R58W EXC SW4SW4 EXC OG&M of the 6th P.M., Weld County,
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 17, 2015, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on April 22, 2015 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed by Kristine Rans em
'reason:I am the author of thisdocument
-_- Date:2015.02.1314:45:07-07'00'
Chris Gathman
Planner
N DEPARTMENT OF PLANNING SERVICES
"••••• Lia ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
N
' FAX: (970)304-6498
January 12, 2015
PITTMAN KEVIN
1700 BROADWAY STE 2300
DENVER, CO 80290
Subject: USR14-0087 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE
(CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
On parcel(s)of land described as:
ALL OF SECTION 26, T10N, R58W EXC SW4SW4 EXC OG&M OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Dear Applicans:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully.
p' Digitally signed by Kristine Ranslem
/Cl may ` ftasn:lam the author of thisdocument
C ,G s=J Date:2015.01.12 14:26:11-07'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 2/20/2015
APPLICANT: Whiting Oil and Gas
CASE #: USR14-0087
REQUEST: A Site Specific Development Plan and Special Review Permit 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.
LEGAL: All of Section 26, T10N, R58W of the 6th P.M., Weld County, CO
LOCATION: One mile south of County Road 116 and one mile east of County Road 127.
PARCEL ID #s: 028526000001
ACRES: +/- 598 acres
(USR operations area: +/- 22 acres)
Zoning Land Use
N A N Rangeland
E A E Rangeland
S A S Rangelend
W A W Rangeland
COMMENTS:
Proposed site located in the middle of an undeveloped section. Access point off of nearest county road
intersection is in vicinity of a single family residence and outbuildings.
At-
Chris Gathman - Planner III
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