HomeMy WebLinkAbout20143439.tiff CORRECTED RESOLUTION
(Corrected as to Applicant Name, Legal Description, and Requested Uses)
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0066, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (DISPOSAL AND RECYCLING
SITES FOR PRODUCTION WASTE - A CLASS II UNDERGROUND INJECTION
WELL) IN THE A (AGRICULTURAL) ZONE DISTRICT - NGL WATER SOLUTIONS
DJ, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 19th day
of March, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Circle B Land Company, LLC, 1099 18th Street, Suite 2300, Denver,
CO 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0066, for Mineral Resource Development Facilities, including Oil and Gas Support and
Service (disposal and recycling sites for production waste - a Class II Underground Injection
Well) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot A of Recorded Exemption RECX14-0110;
located in part of the E1/2 SE1/4 of Section 27,
Township 5 North, Range 61 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Baseline Corporation,
700 12th Street, Suite 220, Golden, CO 80401, 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 23-2-230.6 of the Weld County Code as follows:
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A. Section 23-2-230.6.1 -- 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 non urban 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."
2) Section 22-2-20.1.2 (A.Policy 9.2) states: "Consider the
individuality of the characteristics and the compatibility of the
region of the County that each proposed land use change affects,
while avoiding requirements that do not fit the land use for that
specific region."
3) Section 22-4-140.6 (EP.Goal 2) states: "Mineral resource
exploration and production waste facilities should be planned,
located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use,
scale, height, traffic, dust, noise and visual pollution." The site is
located in a sparsely populated rural area. The nearest residences
are located approximately 1.5 to 2 miles to the west of the site.
4) Section 22-4-140.6.1 (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 agricultural area. The nearest single family
residences are located approximately 1.5 to 2 miles to the west of
the site. 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 23-2-230.6.2 -- 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 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed site is
surrounded by rural land (dry land agricultural land and rangeland). The
nearest single family residences are located approximately 1.5 to 2 miles
to the west of this site. No phone calls or correspondence have been
received from surrounding property owners in regards to this case.
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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.
D. Section 23-2-230.6.4 -- 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 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot
will be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- 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 land delineated as
"Other" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards 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 NGL Water Solutions DJ, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0066, for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (disposal and recycling sites
for production waste - a Class II Underground Injection Well) 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 plat:
A. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit Application from the Air Pollution Control
Division, Colorado Department of Public Health and Environment to the
Weld County Department of Public Health and Environment.
B. The applicant shall submit an updated and approved Groundwater
Monitoring Plan to the Weld County Department of Public Health and
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Environment.
C. The drainage system drawings are required to be stamped and signed by
a Colorado registered professional engineer and shall be submitted to the
Department of Public Works.
D. The applicant shall submit a Signage Plan to the Department of Planning
Services, for review and approval, if signage is desired. 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.
E. 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.
F. The applicant shall address the requirements of the Colorado Division of
Water Resources regarding the installation requirement for monitoring
wells on the property, as stated in the referral dated January 6, 2014.
Written evidence of such shall be provided to the Department of Planning
Services.
G. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0066.
2. The attached Development Standards.
3. The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4. The applicant shall delineate the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall
be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will
prevent trash from being scattered by wind or animals.
5. The approved Signage Plan.
6. Proposed on-site lighting shall be indicated.
7. County Road (CR) 52 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. 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 maintained by Weld County.
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8. The applicant shall indicate the 60-foot CR 93 section line
right-of-way.
9. The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP#).
10. The 30-foot joint access and utility easement created by Recorded
Exemption, RECX14-0110, plat shall be indicated on the USR
plat, along with the recording date of October 1, 2014, and
Reception Number 4050589.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the plat not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period.
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 Release of Building Permits:
A. The applicant shall post financial assurance with the Colorado Oil and
Gas Conservation Commission (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
property. The site shall be returned to its original grade. The applicant
shall submit evidence to Weld County Department of Public Health and
Environment that the appropriate financial assurance has been obtained.
B. A Detailed Closure Plan shall be submitted to Weld County Department of
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Public Health and Environment and the COGCC. 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.
C. Detailed plans for a concrete unloading pad shall be submitted for
approval. A Leak Detection System shall be designed and installed
beneath the concrete unloading pad(s) and sump(s). Plans shall be
submitted to, and approved by, the Weld County Department of Public
Health and Environment.
D. Detailed plans for the concrete secondary containment structure for all
storage and processing tanks shall be submitted for approval. Secondary
containment volume shall provide containment for the entire contents of
the largest single tank plus sufficient freeboard to allow for precipitation.
The Weld County Department of Public Health and Environment will
consider structures other than concrete, provided a Colorado registered
professional engineer 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.
E. Solids and sediment will accumulate in the storage tanks. The facility
shall submit a detailed plan that describes the method of how those solids
will be removed, including all on-site handling procedures. The 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.
6. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
7. Prior to Operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to the Weld County Department of Public Health and
Environment.
8. 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 plat
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST.W G1 g'-EL, � DXCUSED
�Douglas Rademacher; Chair
Weld County Clerk to the B3.rd 4t*;
•
; rbara Kirkmeye Pro-Tem /
BY:
De. u�Clerk to the =oar: %�; i`
♦ ' Sean P. Conway
A O FORM: 6 1 ��es✓
Mike Fre- - a
my ttorney
J is - . Garcia
Date of signature: /
2014-3439
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NGL WATER SOLUTIONS DJ, LLC
USR13-0066
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0066, is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
(disposal and recycling sites for production waste - a Class II Underground Injection
Well) 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, 7 days a week, as stated by the applicant.
4. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
5. No disposal of waste, other than produced and flowback wastewater from wells operated
by the injection well operator, are permitted. Any changes from this approved use may
require an amendment to this Use by Special Review Permit.
6. Analytical waste data and environmental monitoring data shall be made available to the
Weld County Department of Public Health and Environment upon request. The Weld
County Department of Public Health and Environment reserves the right to require
additional monitoring.
7. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. Portable containment, such as drip pans, shall be utilized
when working outside containment areas.
8. All liquid waste received at the facility shall be unloaded on the concrete unloading pad.
The unloading pad and leak detection system shall be constructed and operated in
accordance with the approved design. The unloading pad shall be cleaned at a
frequency that prevents oil and other waste from building up on the pad. During winter
months, the pad shall be maintained free of ice.
9. The Spill Prevention, Control and Countermeasure Plan shall be available on the site at
all times.
10. All potentially hazardous chemicals must be handled in a safe manner, in accordance
product labeling,
with 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.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
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12. 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.
13. 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.
14. 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, treated, and removed for final disposal
in a manner that protects against surface and groundwater contamination.
15. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations.
16. The facility shall comply with the approved Groundwater Monitoring Plan.
17. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site.
18. 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 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.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. 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.
22. The historical flow patterns and runoff amounts will be maintained on the site.
23. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
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24. Building permits maybe 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
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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..
27. 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.
28. 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.
29. 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 plat and recognized at all times.
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861_ MEMORANDUM
TO: Weld County Commissioners
DATE: October 28, 2014
FROM: Chris Gathman dwAt—
SUBJECT: Proposed changes to the layout of USR13-0066 and reconsideration
of conditions of approval for USR13-0066
Location: Approximately 330-feet North of County Road 52 and 2 miles east of County Road 89.
Legal Description: Lot A of Recorded Exemption RECX14-0110; located in part of the E2SE4 of Section
27, T5N, R61W.
Request: Consider modifications prior to recording the plat for Use by Special Review Permit USR13-0066
-A Site Specific Development Plan and Use by Special Review Permit for a Mineral resource
development facilities including: Oil and Gas Support and Service (Disposal and recycling sites for
production waste -a Class II Underground Injection Well and an oil and gas construction lay down/storage
yard) in the A(Agricultural)Zone District. The proposed modifications include: removing the
laydown/storage yard component, reducing the boundaries of USR13-0066 from 80.09 acres to 6.10
acres, modification of saltwater disposal system design for the underground injection well, removal of the
proposed combustor from the saltwater disposal system and modification of onsite drainage facilities.
Background: USR13-0066 (Disposal and recycling sites for production waste -a Class II Underground
Injection Well and an oil and gas construction lay down/storage yard)was approved by the Board of
County Commissioners on March 19, 2014. The USR13-0066 plat has not been recorded. The original
applicant for this case was Circle B Land Company, LLC (Circle B). As approved the USR covered 80
acres (E2SE4 of Section 27, T5N, R61W) and the operations area (including the injection well and oil and
gas construction lay down/storage yard)was proposed to cover 11.74 acres. On June 9, 2014
representatives for NGL Water Solutions DJ, LLC (NGL) and Circle B had a meeting with the Department
of Planning and indicated the NGL intended to purchase a portion of the property and operate the injection
well facility. Circle B has since sold 6.10 acres to NGL and NGL is proposing to operate the Class II
Underground Injection Well on Lot A of Recorded Exemption RECX14-0110. The oil and gas construction
lay down/storage yard is no longer proposed to be a part of USR13-0066. The proposed changes to
USR13-0066 are based on the design and layout of the facility. The proposed injection well facility design
will be modified by NGL, a combustor originally proposed by Circle B will no longer be part of the
operation, and drainage facilities have been relocated within the boundaries of Lot A and a detention pond
on Lot A has been modified to increased ratio of impervious surface that the proposed Injection Well
facility covers on Lot A(6.10 acres)vs. the original proposal (80 acres).
Should the Board approve this, the following modifications would be required to the USR13-0066
resolution:
• Modify the resolution to reflect the change in ownership of the facility from Circle B to NGL
• Remove the oil and gas construction laydown/storage yard from the USR request
• Modify the legal description to reflect Lot A of Recorded Exemption RECX14-0110
2014-3439
• Lot A and USR13-0066 will not be adjacent to County Road 52. Therefore the 30-foot joint
access and utility easement created by the RECX14-0110 plat shall be indicated on the
USR13-0066 plat. This is proposed to be added as condition 1.G.10 on the USR13-0066
resolution.
Staff Recommendation: The proposed facility is located in a rural area. No surrounding property owner
letters or phone calls were received for the USR13-0066 application. The proposed changes are changes
to the internal layout of the facility and the boundary of USR13-0066 will be reduced in size. The potential
impacts of the facility will be lessened in that the storage component is no longer a part of this USR. Staff
is therefore in support of the requested changes to the site map and resolution for USR13-0066.
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
THE UNDERSIGNED,States that to the best of his or her knowledge the attached list is a true and accurate list of
the names,addresses,and the corresponding Parcel Identification Number assigned by the Weld County Assessor
of the owners of the property(the surface estate)within 500 feet of the property being considered. This list was
compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,
http://www.co.weld.co.us,and has not been modified from the original. The list compiled for the records of the Weld
County Assessor was assembled within thirty days of the applications submission ate.
vJ SIC
Signature
(07221 201q
Date
Property Owners Within 500 ft.of Parcel# 096927400016
Account Parcel Owner Mailing Address
N1021103 096935100017 CASTLE LIVING TRUST 1416 N PINNON RD
(50%) GRANTS PASS OR 975268306
R1283397 096927400016 CIRCLE B LAND COMPANY C/O K E ANDREWS&CO
LLC 1900 DALROCK RD
ROWLETT TX 750885526
R0106091 096935100017 COFFELT JEREMY 1013 W ALTON AVE
SANTA ANA CA 927073867
N0164091 096926100011 DUNN JOHN E 3800 S SPRUCE ST
DENVER CO 802372151
R4207686 096927100011 DUTCH OVEN LLC 35166 JOHN ALBERT DR
MADERA CA 936367904
N0011592 096926100011 GRANDCHILDRENS TRUST I 2131 62ND AVENUE CT
(50% INT) GREELEY CO 806347904
N0011592 096926100011 GRANDCHILDRENS TRUST
II (50%INT)
R0105891 096926100011 HAROLD LEAMAN JR PO BOX 25172
SAINT LOUIS MO 631250172
R1283297 096927400015 MASTERSON JEAN T
R4210186 096934100009 MONAHAN TERRANCE 1/8
INT
N1021103 096935100017 MORRIS THOMAS J&
SHARON M 50% TC
R4210186 096934100009 NACHAZEL JAMES 10584 ASHFIELD ST
MICHAEL 1/8 INT HIGHLANDS RANCH CO 80126-8072
R4210186 096934100009 NACHAZEL JOHN STANLEY
1/4 INT
R4210186 096934100009 NACHAZEL THOMAS S(1/8)
N0164291 096926100011 STEPHENSON JOHN D 1575 OCEAN SHORE BLVD APT 602
FAMILY TRUST THE ORMOND BEACH FL 321763637
N0164191 096926100011 THE SKEETERS COMPANY 18221 SANDY CV
HOUSTON TX 770584365
Account 1 Parcel I Owner I Mailing Address
R4210186 096934100009 VRANESIC KATHERINE INT&
AGNES NACHAZEL 1/8
R1283297 096927400015 WILLIAMS JAMES C 513 CHURCH ST
ANDALUSIA AL 36420
R4206886 096926200001 Z 9 BAR LAND&CATTLE 417 S 12TH AVE
LLC BROKEN BOW NE 688221915
sf' Construction, LLC
/�cly't 286t 120th COAve.,Ste.250
�� Westminster, O 80234
cz. Phone: (720) 708-6535
October 14, 2014
Mr.Chris Gathman
1555 North 17th Avenue
Greeley,Colorado 80631
Re: USR13-0066 Modification Description
Dear Mr.Gathman,
The following is a description of the modifications that have been made to the USR13-0066.
USR 13-0066 was previously put in process by Bill Barrett Corporation and approved with
conditions of approval. NGL Water Solutions DJ, LLC in agreement with the Bill Barrett
Corporation took over the final stages of the final approval of the USR.
In its original form USR13-0066 by the Bill Barrett Corporation contained a laydown yard as well
as a schematic layout of a proposed saltwater disposal facility. Per Subdivision Exemption No.
0969-27-4 RECX14-0110 NGL Water Solutions DJ, LLC has purchased Lot A of this RE. NGL Water
Solutions DJ, LLC will develop a new saltwater disposal on Lot A, Lot B of the same RE will be
retained by the Bill Barrett Corporation.
The new USR13-0066 will be modified to only include the new saltwater disposal facility and not
the laydown yard.
The Bill Barrett Corporation will acquire a new USR under their process at such time they
determine to move forward with that particular project.
The new saltwater disposal design has been modified from the original USR, however most of
the same components will be included in the new facility design.The new SWD will still contain
the following components:
• Concrete offload pad and trench (lined as required by Weld County)
• Overhead rack for offload
• Sump Pit(lined as required by Weld County)
• Concrete containment pad '
• System tanks including fiberglass water tanks and steel oil tanks
• Pump house for injection systems
• Electrical room
• New roadway
All of these same components were proposed in the original design as presented by the Bill
Barrett Corporation.
The only difference between the original SWD design by the Bill Barrett Corporation and the
new SWD as proposed by NGL Water Solutions DJ, LLC is the configuration and the use of a
combustor. NGL Water Solutions does not use a combustor in their system design.
Please note that no changes to the use of the property are being proposed in this modification
to the USR.An ownership conveyance of the USR between the Bill Barrett Corporation and NGL
Water Solutions will be set in process after the purchase of the property is completed on
October 15, 2014.
If you have any questions please feel free to contact me at any time.
Sincerely,
/7/
Theodore A.Lopez,Jr.,Owner
M3 Construction, LLC
CC:Doug White—Sr.VP., NGL Water Solutions DI, LLC
312011 C__ �
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 0 Street, Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 336-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
E-Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
DATE: November 3, 2014
TIME: 9:00 a.m.
APPLICANT:
NGL Water Solutions DJ, LLC
1099 18th Street, Suite 2300
Denver, CO 80202
REQUEST: Consider modifications prior to recording the plat to the layout of a Site Specific
Development Plan and Use by Special Review Permit, USR13-0066 for Mineral Resource
Development Facilities including: Oil and Gas Support and Service (disposal and recycling sites
for production waste - a Class II Underground Injection Well and an oil and gas construction lay
down/storage yard) in the A(Agricultural) Zone District. Proposed modifications include: removing
the laydown/storage yard component, reducing the boundaries of USR13-0066 from 80.09 acres
to 6.10 acres, modification of saltwater disposal system design for the underground injection well,
removal of the proposed combuster from the saltwater disposal system and modification of onsite
drainage facilities
LEGAL DESCRIPTION: Lot A of Recorded Exemption RECX14-0110; located in Part of the
E1/2 SE1/4 of Section 27, Township 5 North, Range 61 West of the 6th P.M., Weld County,
Colorado
LOCATION: North of and adjacent to CR 52 and 2 miles East of CR 89 (See Legal description for
precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 23, 2014
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of
the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor
of the owners of the property(the surface estate)within 500 feet of the property being considered. This list was
compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,
http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld
County Assessor was assembled within thirty days of the applications submission date.
C
Signature
D66140t., a3,fqoi4
Date
Property Owners Within 500 ft.of Parcel# 096927400016
�. Ow
Account Parcel, ner
` t _ Mailing Add ice, ,.
N1021103 096935100017 CASTLE LIVING TRUST 1416 N PINNON RD
(50%) GRANTS PASS OR 975268306
R1283397 I 096927400016 CIRCLE B LAND COMPANY C/O K E ANDREWS&CO
LLC 1900 DALROCK RD
ROWLETT TX 750885526
R0106091 096935100017 COFFELT JEREMY 1013 W ALTON AVE
SANTA ANA CA 927073867
N0164091 096926100011 DUNN JOHN E 3800 S SPRUCE ST
DENVER CO 802372151
R4207686 I 096927100011 DUTCH OVEN LLC 35166 JOHN ALBERT DR
MADERA CA 936367904
N0011592 096926100011 GRANDCHILDRENS TRUST I 2131 62ND AVENUE CT
(50% INT) GREELEY CO 806347904
N0011592 096926100011 GRANDCHILDRENS TRUST
II (50% INT)
R0105891 096926100011 HAROLD LEAMAN JR PO BOX 25172
SAINT LOUIS MO 631250172
R1283297 I 096927400015 MASTERSON JEAN T
R4210186 096934100009 MONAHAN TERRANCE 1/8
INT
N1021103 096935100017 MORRIS THOMAS J&
SHARON M 50% TC
R4210186 096934100009 NACHAZEL JAMES 10584 ASHFIELD ST
MICHAEL 1/8 INT HIGHLANDS RANCH CO 80126-8072
R4210186 096934100009 NACHAZEL JOHN STANLEY
1/41NT
R4210186 096934100009 ! NACHAZEL THOMAS S(1/8)
N0164291 096926100011 STEPHENSON JOHN D 1575 OCEAN SHORE BLVD APT 602
' FAMILY TRUST THE ORMOND BEACH FL 321763637
N0164191 096926100011 THE SKEETERS COMPANY 18221 SANDY CV
HOUSTON TX 770584365
Account Parcel Owner I Mailing Address
R4210186 096934100009 VRANESIC KATHERINE INT&
AGNES NACHAZEL 1/8
R1283297 096927400015 WILLIAMS JAMES C I 513 CHURCH ST
ANDALUSIA AL 36420
R4206886 096926200001 Z 9 BAR LAND&CATTLE 417 S 12TH AVE
LLC BROKEN BOW NE 688221915
RECEIVED
NOV 0 7 2014
WELD COMMISSIONERS
NO ' ' —
Pursuant to the zoning laws of the State o o F
hearing will be held in the Chambers of the E �� q to
Colorado, Weld County Administration Build II a� o r4 r
Colorado 80631, at the time specified. : pH o N ,r
If a court reporter is desired, please ad ie � 3 a ._ o __
days prior to the hearing. The cost of engagin mI 1 m RI H ;n
party. In accordance with the Americans wit e A'I & e 10 ,'
required in order for you to participate in this - o er tra, cfl=
Office at (970) 336-7215, Extension 4226, prio %. 4 .R g r o
o<
The complete case file may be examin, 4 o3.,n Gg 7 in43 I°I
Commissioners, Weld County Administration E m `ll I°0
.7-----
E-Mail messages sent to an individual Comm +y,:- w, , -
ensure inclusion of your E-Mail corresponi = +--
egesick@co.weld.co.us. Ul 3{ "ro —
DATE: November 3, 2014 "),JJ c°=
TIME: 9:00 a.m. fn w �,,,H Z :9�
to
N-"
111
APPLICANT: O in--
C 1°—
NGL Water Solutions DJ, LLC r O 19
°,
1099 18th Street, Suite 2300 t°
Denver, CO 80202 d L h Z
a }� 0 C i CO
REQUEST: Consider modifications prior ton z
(� 0 W 0 <
Development Plan and Use by Special Reviev J N rip O ¢ N NI • m
Development Facilities including: Oil and Gas LLI ca I-... og x N
for production waste - a Class II Underground z
down/storage yard) in the A(Agricultural)Zone W z --lc wi
¢ m oI
the laydown/storage yard component, reducin p w o H
to 6.10 acres, modification of saltwater dispose O ..3 °. cn
removal of the proposed combuster from the s I ill
drainage facilities I d)
LEGAL DESCRIPTION: Lot A of Recorded
E1/2 SE1/4 of Section 27, Township 5 Nortl o
Colorado a N
LOCATION: North of and adjacent to CR 52 a! CD
F 0
precise location) . w o
°DU
OI- � W
BOARD OF COUNTY COMMISSIONERS x
WELD COUNTY, COLORADO w o m w
fJ : d (7
DATED: October 23, 2014
114"aM
IIt
S DI
o,
0'
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing, USR13-0066, was placed in the United States mail, first class mail, postage prepaid,
addressed to the following property owners.
DATED this 23rd day of October, 2014.
NGL Water Solutions DJ, LLC
1099 18th Street Suite 2300
Denver, CO 80202
•
1l U anti. ) 41)ri--k
De Clerk to the Board .)
CASTLE LIVING TRUST
1416 N. PINNON RD
GRANTS PASS, OR 97526-8306 JAMES NACHAZEL
10584 ASHFIELD ST
CIRCLE B LAND COMPANY HIGHLANDS RANCH, CO 80126-8072
C/O K E ANDRES AND CO
1900 DALROCK RD JOHN D. STEPHENSON FAMILY
ROWLETT, TX 75088-5526 TRUST
1575 OCEAN SHORE BLVD APT# 602
JEREMY COLFFELT ORMOND BEACH, FL 32176-3637
1013 W. ALTON AVE
SANTA ANA, CA 92707-3867 THE SKEETERS COMPANY
18221 SANDY CV
JOHN E. DUNN HOUSTON, TX 77058-4365
3800 SPRUCE ST
DENVER, CO 80237-2151 JAMES C WILLIAMS
513 CHURCH STREET
DUTCH OVEN LLC ANDALUSIA, AL 36420
35166 JOHN ALBERT DR
MADERA, CA 93636-7904 Z9 BAR LAND AND CATTLE, LLC
417 S. 12TH AVENUE
GRANDCHILDRENS TRUST BROKEN BOW, NE 68822-1915
2131 62ND AVENUE COURT
GREELEY CO 80634-7904
LEAMAN HAROLD JR.
PO BOX 25172
ST. LOUIS, MO 63125-0172
4054078 10/15/2014 01:26 PM
Total Pages: 2 Rec Fee: $16.00
Steve Moreno - Clerk and Recorder, Weld County, CO
•
Doc Fee: $1.00
SPECIAL WARRANTY DIED
This Deed,made September 17,2014
Between Circle B Land Company,LLC,a Colorado limited liability company,of the County
Weld,State of COLORADO,grantor(s)and NGL Water Solutions DJ,LLD,a Colorado limited
(lability company, whose legal address Is 3773 Chgmy Creak North Drive#1000,Denver,CO 80209
County of Weld,and State of COLORADO,grantees)
WITNESSETH, That the grantor(s), for and in the consideration of the sum of TEN THOUSAND
DOLLARS AND NO/100'S ($10,000.00 ) the receipt and sufficiency of which Is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real
property together with Improvements,If any,situate,lying and being in the County of Weld,State of
COLORADO described as follows:
See Attached Exhibit"A" •
RESERVING UNTO GRANTOR ALL OIL, GAS AND OTHER MINERAL RIGHTS PRESENTLY
OWNED,IF ANY.
also known by street and number as vacant land,,,CO
TOGETHER with all and singular heredltaments and appurtenances, thereunto belonging, or In
anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues
and profits thereof, and all the estate, right, title, Interest, claim and demand whatsoever of the
grantor,either in law or equity,of,in and to the above bargained premises,with the heredltaments
and appurtenances.
TO HAVE AND TO HOLD said premises above bargained and described,with the appurtenances,
unto the grantee,their heirs and assigns forever. The grantor(}), for themselves, their heirs and
personal representatives or successors,does covenant and agree that they shall and will WARRANT
AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the
grantee(s),their heirs and assigns, against'all and every person or persons claiming the whole or
any part thereof,by,through or under the grantor(s).
The singular number shall Include the plural,the plural the singular,and the use of any gender shall
be applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this on the date set forth above.
SELLER:
Orris B Land Company,LLC,a Colorado
limited liability cormP}ny..;,
Mitchell J. u,Vice President of Bill
`l
Barrett Corporation,Manager -T^417
•
COON OF COLORADO a / n.✓ }u:
COUNTY OF if-"trlr� V'
The foregoing Instrument wa /cknowiedged before me aptratt.,SS 2014 by Mitchell J.
Renew,Vice President Quill Barrett Corporation,Manager of Circle B Land Company,LLC,
a Colorado limited liability company. /�
With }my harOld6ddTARY PUBLIC
///�� (/��
NOTARY siIIAT C///////�J�J� �c[ �
STATE OF COLORADO Notary Publfe' _ `
NOTARY ID a 20074017315 My Commission expires: `KV /
MY COMMISSIONNAR EXPIRES 7401731/8 05 2015 P S '+Di$
WDspedal-ESCROW NO.459-HO4O9776.O84-MG4 -
4054078 10/15/2014 01:26 PM
Page 2 of 2
ATTACHED LEGAL DESCRIPTION
Lot A, Recorded Exemption No. 0969-27-4 RECX14-0110, according to the map
recorded October 1, 2014 at Reception Number 4050589, being a portion of the East Half
of the Southeast Quarter of Section 27,Township 5 North, Range 61 West of the 6th
P.M., County of Weld, State of Colorado
459-H0409774084-MG4
CORRECTED RESOLUTION
(Corrected as to Applicant Name. Legal Description , and Requested Uses)
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0066, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE ( DISPOSAL AND RECYCLING
SITES FOR PRODUCTION WASTE - A CLASS II UNDERGROUND INJECTION
WELL AND As. O _ AND GAS CONS-RUC- ON _AY DOWN/S-ORAGE YARD) IN
THE A (AGRICULTURAL) ZONE DISTRICT - CIRCLE B LAND COMPANY, LLGNGL
WATER SOLUTIONS DJ, LLC
WHEREAS, the Board of County Commissioners of Weld County. Colorado . pursuant to
Colorado statute and the Weld County Home Rule Charter. is vested with the authority of
administering the affairs of Weld County, Colorado , and
WHEREAS, the Board of County Commissioners held a public hearing on the 19th day
of March , 2014. at the hour of 10 : 00 a . m . , in the Chambers of the Board , for the purpose of
hearing the application of Circle B Land Company. LLC. 1099 18th Street. Suite 2300. Denver.
CO 80202 . for a Site Specific Development Plan and Use by Special Review Permit.
USR13-0066. for Mineral Resource Development Facilities . including Oil and Gas Support and
Service (disposal and recycling sites for production waste - a Class II Underground Injection
Well-and an-oil and gas construction lay down/storage yard) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows :
Lot A of Recorded Exemption RECX14-0110:
located in part of the E1 /2 SE 1 /4/4 of Section 27 ,
Township 5 North . Range 61 West of the 6th P . M . .
Weld County. Colorado
WHEREAS, at said hearing , the applicant was represented by Baseline Corporation .
700 12th Street. Suite 220 . Golden , CO 80401 . 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 :
2014-3439
PL2261
SPECIAL REVIEW PERMIT (USR13-0066) - CIRCLE B LAND COMPANY, LLC NGL WATER
SOLUTIONS DJ , LLC
PAGE 2
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
that can support such development, and should attempt to be
compatible with the region. "
2) Section 22-2-20. 1 . 2 (A. Policy 9. 2) states: "Consider the
individuality of the characteristics and the compatibility of the
region of the County that each proposed land use change affects,
while avoiding requirements that do not fit the land use for that
specific region. "
3) Section 22-4- 140. B (EP. Goal 2) states: `Mineral resource
exploration and production waste facilities should be planned,
located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use,
scale, height, traffic, dust, noise and visual pollution. " The site is
located in a sparsely populated rural area . The nearest residences
are located approximately 1 . 5 to 2 miles to the west of the site.
4) Section 22-4- 140. B . 1 (EP. Policy 2 . 1 ) states: "ln 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 agricultural area . The nearest single family
residences are located approximately 1 . 5 to 2 miles to the west of
the site. 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 .
Section 23-2-230. B. 2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A. 2 of the Weld County
Code 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 site is
surrounded by rural land (dry land agricultural land and rangeland) . The
nearest single family residences are located approximately 1 . 5 to 2 miles
to the west of this site . No phone calls or correspondence have been
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received from surrounding property owners in regards to this case .
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 .
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 any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E . Section 23-2-230. B. 5 -- The application complies with Chapter 23.
Article V, of the Weld County Code . Building Permits issued on the lot
will be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230 . B. 6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use . The proposed facility is located on land delineated as
Other" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
G . Section 23-2-230. B. 7 — The Design Standards (Section 23-2-240 . Weld
County Code) . Operation Standards (Section 23-2-250. Weld County
Code) . Conditions of Approval and Development Standards 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 Circle B Land Company. LLCNGL_ Water
Solutions DJ . LLC , for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0066 , for Mineral Resource Development Facilities, including Oil and Gas Support and
Service (disposal and recycling sites for production waste - a Class II Underground Injection
Well and an-oil-and -gas construction lay down/storage yard) 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 plat:
A. The applicant shall submit evidence of an Air Pollution Emission Notice
(A. P . E . N . ) and Emissions Permit Application from the Air Pollution Control
Division . Colorado Department of Public Health and Environment to the
Weld County Department of Public Health and Environment.
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B . The applicant shall submit an updated and approved Groundwater
Monitoring Plan to the Weld County Department of Public Health and
Environment.
C The drainage system drawings are required to be stamped and signed by
a Colorado registered professional engineer and shall be submitted to the
Department of Public Works.
D . The applicant shall submit a Signage Plan to the Department of Planning
Services, for review and approval , if signage is desired . 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 .
E . 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 .
F . The applicant shall address the requirements of the Colorado Division of
Water Resources regarding the installation requirement for monitoring
wells on the property, as stated in the referral dated January 6, 2014 .
Written evidence of such shall be provided to the Department of Planning
Services .
G . The plat shall be amended to delineate the following :
1 . All sheets of the plat shall be labeled USR13-0066 .
2 . The attached Development Standards.
3. The plat shall be prepared in accordance with Section 23-2-260. D
of the Weld County Code.
4. The applicant shall delineate the trash collection areas. Section
23-3-350. H of the Weld County Code addresses the issue of trash
collection areas . Areas used for storage or trash collection shall
be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will
prevent trash from being scattered by wind or animals .
5 . The approved Signage Plan .
6. Proposed on-site lighting shall be indicated .
7 . County Road (CR) 52 is designated on the Weld County Road
Classification Plan as a local gravel road . which requires 60 feet of
right-of-way at full buildout. The applicant shall verify and
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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 maintained by Weld County.
8 . The applicant shall indicate the 60-foot CR 93 section line
right-of-way.
9. The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP#) .
10. The 30-foot joint access and utility easement created by Recorded
Exemption, RECX14-01101 plat shall be indicated on the USR
plat, along with the recording date of October 1 , 2014, and
Reception Number 4050589 .
2 . Upon completion of Condition of Approval # 1 above . the applicant shall submit
an electronic version ( . pdf) , or three (3) paper copies , of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260. D of the
Weld County Code . Upon approval of the plat. the applicant shall submit a Mylar
plat. along with all other documentation required as Conditions of Approval . The
Mylar plat and additional requirements shall be submitted within one hundred
twenty ( 120) days from the date of the Board of County Commissioners
Resolution . The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services . The applicant shall
be responsible for paying the recording fee.
3 . In accordance with Weld County Code Ordinance #2012-3. approved
April 30 . 2012 . should the plat not be recorded within the required one hundred
twenty ( 120) days from the date of the Board of County Commissioners
Resolution . a $50 . 00 recording continuance charge shall added for each
additional three (3) month period .
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 Release of Building Permits :
A. The applicant shall post financial assurance with the Colorado Oil and
Gas Conservation Commission (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
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property. The site shall be returned to its original grade. The applicant
shall submit evidence to Weld County Department of Public Health and
Environment that the appropriate financial assurance has been obtained .
B . A Detailed Closure Plan shall be submitted to Weld County Department of
Public Health and Environment and the COGCC . 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.
C . Detailed plans for a concrete unloading pad shall be submitted for
approval . A Leak Detection System shall be designed and installed
beneath the concrete unloading pad(s) and sump(s) . Plans shall be
submitted to, and approved by. the Weld County Department of Public
Health and Environment.
D Detailed plans for the concrete secondary containment structure for all
storage and processing tanks shall be submitted for approval . Secondary
containment volume shall provide containment for the entire contents of
the largest single tank plus sufficient freeboard to allow for precipitation .
The Weld County Department of Public Health and Environment will
consider structures other than concrete. provided a Colorado registered
professional engineer 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.
E Solids and sediment will accumulate in the storage tanks. The facility
shall submit a detailed plan that describes the method of how those solids
will be removed , including all on-site handling procedures. The 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.
6. Prior to Construction :
A. If more than one ( 1 ) acre is to be disturbed , a Weld County Grading
Permit will be required prior to the start of construction .
7 . Prior to Operation :
A A signed copy of the Spill Prevention . Control and Countermeasure Plan
shall be provided to the Weld County Department of Public Health and
Environment.
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8. 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 plat
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 19th : day of MarchNovember, A. D . . 2014 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: EXCUSED
Douglas Rademacher. Chair
Weld County Clerk to the Board
Barbara Kirkmeyer. Pro-Tern
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM :
Mike Freeman
County Attorney
William F. Garcia
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CIRCLE B LAND-COMPANY, LLCNGL WATER SOLUTIONS DJ , LLC
USR13-0066
1 . A Site Specific Development Plan and Use by Special Review Permit, USR13-0066, is
for Mineral Resource Development Facilities , including Oil and Gas Support and Service
(disposal and recycling sites for production waste - a Class II Underground Injection Well
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. 7 days a week. as stated by the applicant.
4 . The signage on the site shall be maintained in accordance with the approved Signage
Plan .
5. No disposal of waste , other than produced and flowback wastewater from wells operated
by the injection well operator, are permitted . Any changes from this approved use may
require an amendment to this Use by Special Review Permit.
6. Analytical waste data and environmental monitoring data shall be made available to the
Weld County Department of Public Health and Environment upon request. The Weld
County Department of Public Health and Environment reserves the right to require
additional monitoring .
7 . The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. Portable containment, such as drip pans . shall be utilized
when working outside containment areas .
8 . All liquid waste received at the facility shall be unloaded on the concrete unloading pad .
The unloading pad and leak detection system shall be constructed and operated in
accordance with the approved design . The unloading pad shall be cleaned at a
frequency that prevents oil and other waste from building up on the pad . During winter
months, the pad shall be maintained free of ice.
9. The Spill Prevention . Control and Countermeasure Plan shall be available on the site at
all times .
10 . 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 (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 .
11 . This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District. as delineated in Section 14-9-30 of the Weld County Code .
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12 . 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.
13. 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 .
14 . 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 , treated , and removed for final disposal
in a manner that protects against surface and groundwater contamination .
15 . Any contaminated soils on the facility shall be removed . treated or disposed of in
accordance with all applicable rules and regulations .
16 . The facility shall comply with the approved Groundwater Monitoring Plan .
17 . All stormwater, which has come into contact with waste materials on the site , shall be
confined on the site.
18. 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 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 .
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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 .
21 . 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 .
22 . The historical flow patterns and runoff amounts will be maintained on the site .
23 . There shall be no parking or staging of vehicles on County roads . On-site parking shall
be utilized .
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24 . Building permits maybe 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
25 . The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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 . .
27 . 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.
28. 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.
29. 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 plat and recognized at all times.
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