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Home My WebLink About20152038.tiff BEFORE THE WELD COUNTY, COLORADO , PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jordan Jemiola. that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER. USR15-0021 APPLICANT: RJM LAND COMPANY LLC . C/O WHITING OIL AND GAS PLANNER CHRIS GATHMAN 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 DESCRIPTION ALL OF SECTION 19 & W2NW4 SECTION 20. T10N. R57W OF THE 6TH P M WELD COUNTY COLORADO. LOCATION EAST OF AND ADJACENT TO CR 133 AND IMMEDIATELY SOUTHEAST OF THE INTERSECTION OF CR 116 AND CR 133 be recommended favorably to the Board of County Commissioners for the following reasons 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows A Section 23-2-220.A. 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20 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 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 . tabbies* B Section 23-2-220 .A. 2 -- The proposed use is consistent with the intent of the A (Agricultural) Trl Zone District Section 23-3-40./41 of the Weld County Code allows Oil and Gas Support and -• \p X Service Facilities ( Disposal and Recycling Sites for Production Waste) as a Use by Special = Review Permit in the A (Agricultural) Zone District. co C. Section 23-2-220.A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. RESOLUTION USR15-0021 RJM LAND COMPANY LLC, O/O WHITING OIL AND GAS PAGE 2 The proposed site is located in a rural area approximately 1 mile to the southeast of the nearest residence_ Two letters of concern were received from surrounding property owners in regards to this application. The letters expressed concern with traffic and the noise for the trucks braking at the intersection of County Road 116 and County Road 133 The majority of waste water will be piped into the site The application indicates that an average of ten ( 10) trucks will access the site on a daily basis. 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_ 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 5 acres delineated as "Prime- and "Prime if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed facility will encompass 5 acres of an approximately 715 acre parcel 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 Planning Commission recommendation for approval is conditional upon the following: 1 . Prior to recording the map• A. The applicant shall submit evidence of an Air Pollution Emission Notice (A. P EN . ) and Emissions Permit application from the Air Pollution Control Division . Colorado Department of Health and Environment, if applicable Alternately, the applicant may provide evidence from the APCD that they are not subject to these requirements Evidence of acceptance shall be submitted . in writing, to the Weld County Department of Planning Services. ( Department of Environmental Health) B The applicant shall complete a Non-Exclusive License Agreement for the upgrade and maintenance of Weld County Right-of-Way (Department of Public Works) RESOLUTION USR15-0021 RJM LAND COMPANY LLC. C/O WHITING OIL AND GAS PAGE 3 C An Improvements Agreement and road maintenance agreement is required for this site. Road maintenance including dust control . damage repair. and triggers for improvements will be included (Department of Public Works) D An accepted Water Quality Feature drainage design is required. (Department of Planning Services - Engineer) E An Access Permit is required for access from County Road 127. (Department of Planning Services — Engineer) F The map shall be amended to delineate the following • 1 All sheets of the map shall be labeled USR15-0021 (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 Section 23-3-350. H of the Weld County Code addresses the issue of trash collection areas ( Department of Planning Services) 5 The map shall delineate the lighting ( Department of Planning Services) 6 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code (Department of Planning Services) 7 County Road 116 is a gravel road and is designated on the Weld County Road Classification Plan as a collector road , which requires 80 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 be measured from the edge of right-of-way This road is maintained by Weld County. ( Department of Planning Services - Engineer) 8 County Road 133 is a gravel road and is designated on the Weld County Road Classification Plan as a collector road . which requires 80 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 be measured from the edge of right-of-way This road is maintained by Weld County. (Department of Planning Services - Engineering) 9 Show and label the approved Non-Exclusive License Agreement and recorded reception number and date on the map. (Department of Planning Services -Engineering) 10 . Show and label the approved access(es) and access permit number(s) on the map (will be provided) (AP15 00091 ). (Department of Public Works) 11 Show and label all easements with the recorded document reception number and date on the map. (Department of Planning Services - Engineer) 12 Show and label a tracking control device and a minimum of 300ft of recycled asphalt/road base on the map (Department of Planning Services - Engineer) RESOLUTION USR15-0021 RJM J LAND COMPANY LLC C/O WHITING OIL AND GAS PAGE 4 13 Show the accepted water quality feature on the map and label as 'Water Quality Feature. No-Build or Storage Area, Volume= (add volume #) ' (Department of Planning Services - Engineering) 14 Show and label the accepted drainage features, 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 U p Y qse by Special 9 p 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 mapsco.weld.co. us. (Department of Planning Services) 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 Contact the Planning Department for application information (Department of Planning Services — Engineer) B. The approved access and tracking control shall be constructed prior to on-site construction. ( Department of Planning Services - Engineer) 6. Prior to Operation . A The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator. the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 7. 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) RESOLUTION USR15-0021 RJM LAND COMPANY LLC CIO WHITING OIL AND GAS PAGE 5 Motion seconded by Bruce Johnson VOTE For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings_ CERTIFICATION OF COPY I . Kristine Ranslem. Recording Secretary for the Weld County Planning Commission , do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on June 16. 2015 . Dated the 16`x' of June. 2015 Digitally signed by Kristine Ranslem '��lb�L,� r Date: 2015.06. 19 09:41 : 15 06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Whiting Oil and Gas USR15-0021 1 A Site Specific Development Plan and Use by Special Review Permit. USR15-0021 , 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 parking on the site shall be maintained. (Department of Planning Services) 5. 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 . (Department of Planning Services) 6 . 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 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 unloading 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 upon request. The Weld County Department of Health and Environment reserves the right to acquire 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 CRS (Department of Public Health and Environment) 11 . A leak detection system shall be designed and installed beneath concrete unloading pad(s), piping, and sump(s) The. plans and engineered. drawings will be stamped and signed by a Colorado Registered Pcafe-ssional Engineer (PE)- The unloading pad shall be kept in good condition and leak detection and unloading pad plans shall be onsite and available upon request. (Department of Public Health and Environment) 12. 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 tank plus sufficient freeboard to allow for precipitation. The plans and engineered drawings will be stamped and signed by a Colorado Registered 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 onsite and available upon request. (Department of Public Health and Environment) RESOLUTION USR15-0021 RJM LAND COMPANY LLC. 0/O WHITING OIL AND GAS PAGE 7 13. 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. (Department of Public Health and Environment) 14. 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) 15. 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. (Department of Public Health and Environment) 16. The facility shall comply with the accepted Groundwater Monitoring Plan . (Department of Public Health and Environment) 17. 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) 18. 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 facility shall operate in accordance with the approved accepted Waste Handling Plan and with Chapter 14, Article I of the Weld County Code. at all times. (Department of Public Health and Environment) 19 . Fugitive dust and fugitive particulate emissions shall should be controlled on this site. The facility shall be operated in the approved Dust Abatement Plan, at all times. Fugitive Dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 20. 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 (Department of Public Health and Environment) 21 . 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) 22. All pesticides-, tertilize andother 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 (HAP's) and volatile organic compounds (VOC's) All chemicals must be stored secure, on an impervious surface. and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 23. 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) 24 A Spill Prevention. Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR . Part 112 , shall be available on site (Department of Public Health and Environment) RESOLUTION USR15-0021 RJM LAND COMPANY LLC, 0/O WHITING OIL AND GAS PAGE 8 25 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) 26. 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) 27. 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) 28. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services - Engineer) 29. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 30 . There shall be no parking or staging of vehicles on County roads On-site parking shall be utilized (Department of Planning Services - Engineer) 31 . The right-of-way or easement shall be graded and drained to provide an all-weather access (Department of Planning Services - Engineer) 32 . 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 onsite tracking control devices. ( Department of Planning Services - Engineer) 33 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. (Department of Building Inspection) 34 . The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 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 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 RESOLUTION USR15-0021 RJM LAND COMPANY LLC, CIO WHITING OIL AND GAS PAGE 9 areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes: hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S. , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety. but also for the protection of the farmer's livelihood. M\thrT&s LeA ) 61 E SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. June 16. 2015 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building. Hearing Room, 1150 O Street. Greeley. Colorado. This meeting was called to order by Chair, Jason Maxey. at 1 - 30 pm . Roll Call. Present Bruce Johnson . Bruce Sparrow, Jason Maxey . Jordan Jemiola , Joyce Smock. Michael Wailes, Nick Berryman . Terry Cross Absent: Benjamin Hansford Also Present: Kim Ogle. Chris Gathman , and Tom Parko. Department of Planning Services: Wayne Howard . and Jennifer Petrik. Department of Planning — Engineering Division . Lauren Light and Heather Barbare, Department of Health. Brad Yatabe, County Attorney, and Kris Ranslem . Secretary. Motion : Approve the June 2. 2015 Weld County Planning Commission minutes , Moved by Joyce Smock, Seconded by Nick Berryman . Motion passed unanimously. CASE NUMBER . USR15-0021 APPLICANT RJM LAND COMPANY LLC CIO WHITING OIL AND GAS PLANNER. CHRIS GATHMAN 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 DESCRIPTION ALL OF SECTION 19 & W2NW4 SECTION 20. T10N R57W OF THE 6TH P M. . WELD COUNTY. COLORADO. LOCATION : EAST OF AND ADJACENT TO CR 133 AND IMMEDIATELY SOUTHEAST OF THE INTERSECTION OF CR 116 AND CR 133 Chris Gathman , Planning Services. presented Case USR15-0021 . reading the recommendation and comments into the record . Mr Gathman noted that two (2) letters were received concerning the traffic and the noise of trucks braking at the intersection of County Road 116 and County Road 133. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Jennifer Petrik. Engineering. reported on the existing traffic, access and drainage conditions and the requirements on site. Commissioner Maxey referred to a letter that was received about a potential road coming in from County Road 127 and asked if that is a viable option Ms. Petrik said she will research that. Commissioner Wailes asked what the traffic counts were. Ms Petrik said that the traffic counts for County Road 116 were from October 2014 and are 1075 vehicles per day and a little further to the west it was 1064 vehicles per day Commissioner Smock said that again this is way over the triggers and asked why nothing is required . Ms. Petrik read into record an email reply from Janet Lundquist. Public Works, which stated that "After careful evaluation of roadways in this area and realizing the temporary nature of the oil and gas industry. we determined that paving of many of these roads would be an unfair cost to the taxpayers to have long term maintenance of the paved roads. " Commissioner Smock asked then what the County or the oil companies going to do. Ms Petrik stated that it sounds like they are not planning to pave these roads at this time due to unfair costs to the taxpayers for maintaining these paved roads. Commissioner Maxey noted that a lot of times there are improvements agreements that should theoretically help with that Ms Petrik stated that she will request Ms. Lundquist to attend for further comments Heather Barbare. Environmental Health . reviewed the public water and sanitary sewer requirements. on- site dust control, and the Waste Handling Plan Ms Barbare recommended adding a Development EXHIBIT 11-6 • / - I I . Standard 8 to read "Analytical waste data and environmental monitoring data shall be made available to Weld County Department of Health and Environment upon request. The Weld County Department of Health and Environment reserves the right to acquire additional monitoring . " Ms. Barbare also recommended amending Development Standard 10 to read "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 onsite and available upon request. " Additionally. Ms Barbare is recommending to amend Development Standard 18 to read '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 should comply with the Colorado Air Quality Commission 's air quality regulations". Ms. Barbare also recommended amending Development Standard 19 to by adding "or with all applicable state noise statutes and/or regulations" to the end of the existing sentence In addition . Ms. Barbare is requesting to delete Development Standard 20 and to remove "pesticides, fertilizer. and other" in the first sentence of Development Standard 21 . In response to Commissioner Maxey's inquiry regarding County Road 127. Ms. Petrik said that in looking at the map and the right-of-way layer it appears that it would be about 3. 5 miles of unmaintained section line right-of-way that they would need to construct and maintain versus what they are proposing which is 1 . 5 miles Commissioner Smock said that there were 1075 vehicles per day on County Road 116 and according to the guidelines the triggers show that there should be paving or improvements and said that we are well over that. Janet Lundquist. Public Works, said that they did an evaluation on County Roads 127 and 129 and looked at the overall cost for long term maintenance. She added that the cost of maintaining a gravel road over a 20 year period is S1500 to $5000 on average. To maintain a mag chloride road it is about $ 16. 000 to 520.000 on average To maintain a paved road it is about $27. 000 per mile per year. Ms. Lundquist said that with the temporary nature we have with the oil and gas industry and with them moving around so much to put in that investment it could potentially be a financial risk for the county taxpayers. Ms. Lundquist indicated that paving a gravel road costs about $1 .000. 000 per mile. She added that they have decided to monitor this traffic and if the traffic is maintained for about 5 years then they will pave this road . Ms. Barbare recommended an additional change to Development Standard 17 to read "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 Chapter 14 Article I of the Weld County Code, at all times" . Kevin Pittman . Whiting Oil and Gas. said that the design is similar to the last case that was just heard . He added that the truck route from County Road 127 has been changed so the truck traffic on County Road 116 should be greatly reduced. The applicant was able to obtain a road easement that runs from County Road 127 to the east and accesses on the County Road 133 Section Line in the vicinity of the County Road 133 and County Road 114 Section Line intersection He showed on a visual slide the revised truck route. In light of new information , Ms Petrik recommended adding Condition of Approval to reflect that an access permit is required for access on County Road 127. Additionally, she requested to amend Condition of Approval 1 E . 10 to read Show and label the approved access(es) and access permit number(s) on the map will be provided". Ms. Petrik suggested adding Condition of Approval 1 . E to read "An Access Permit is required for access from County Road 127" . 2 The Chair asked if there was anyone in the audience who wished to speak for or against this application . No one wished to speak_ Motion : Add Development Standard 8 as stated by staff. Moved by Bruce Sparrow, Seconded by Bruce Johnson . Motion carried unanimously. Motion : Amend Development Standard 10 as stated by staff, Moved by Nick Berryman , Seconded by Bruce Sparrow. Motion carried unanimously. Motion : Amend Development Standard 17 as stated by staff, Moved by Bruce Sparrow. Seconded by Bruce Johnson , Motion carried unanimously. Motion : Amend Development Standard 18 as stated by staff, Moved by Bruce Sparrow. Seconded by Bruce Johnson. Motion carried unanimously. Motion : Amend Development Standard 19 as stated by staff, Moved by Joyce Smock. Seconded by Bruce Johnson . Motion carried unanimously Motion : Delete Development Standard 20 as stated by staff. Moved by Nick Berryman . Seconded by Joyce Smock_ Motion carried unanimously. Motion : Amend Development Standard 21 as stated by staff. Moved by Bruce Johnson . Seconded by Bruce Sparrow. Motion carried unanimously. Motion : Add Condition of Approval 1 . E as stated by staff. Moved by Bruce Sparrow. Seconded by Nick Berryman . Motion carried unanimously. Motion : Amend Condition of Approval 1 . E. 10 as stated by staff, Moved by Bruce Sparrow. Seconded by Nick Berryman. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion : Forward Case USR15-0021 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval. Moved by Jordan Jemiola. Seconded by Bruce Johnson . Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes : Bruce Johnson , Bruce Sparrow, Jason Maxey. Jordan Jemiola. Joyce Smock, Michael Wailes. Nick Berryman . Terry Cross. Meeting adjourned at 8: 55 pm Respectfully submitted, Digitally signed by Kristine Ranslem Date: 2015 .06. 19 15: 10:09 -06'00' Kristine Ranslem Secretary 3 ATTENDANCE RECORD PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip-�c� �� Skcw ka 5401 IA,hsf i o}!� l;/C�-wtP , C d 8b(3341 i I ' Cll tJ _ . ) I f3 (R (r,C; r f-(i7C/�C,I. Cc ,FC.� / 1 c),..2114%. arc. lc. a-f7W 7 C' Lac &,'-e'n �C ' CO 727 I ANA,, Jte -0-7(97 Wag .(04 (1r-reeit�� (Gi 4 '2aI _ ►Yaks p ld7,-644,_ Li c? O Vc�.M ©ct is Pm ) _ &otretil �°,o ' A ,t_4Lt trek L , I ©9q I/WI, `�f, 1 ti . . Hello