HomeMy WebLinkAbout20141710.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION D
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS' / O/
Moved by Benjamin Hansford, 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: USR14-0011
APPLICANT: EXPEDITION WATER SOLUTIONS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT
FACILITY INCLUDING A CLASS II OILFIELD WASTE DISPOSAL FACILITY -
SALTWATER INJECTION FACILITY, WATER RECYCLING AND A WATER
SUPPLY & STORAGE UPLOAD FACILITY AND TRUCK TANKER WASHOUT
FACILITY IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A, B AND C OF REC EXEMPT RE 5024; PART W2 SECTION 36, T5N,
R64W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 50; EAST OF AND ADJACENT TO CR 59.
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 22-4-140.A. EP.Goal 1.states
"Encourage the minimization of mineral resource exploration and production waste and
require the safe disposal of it;" and EP.Policy 1.1.states "Due to the impacts from surface
impoundments and increasing public concern about them, other alternatives for disposal
should be considered." The proposal is for a Class II Brinewater Injection Well and
associated facilities.
Section 22-4-30.A. WA.Goal.1 states "Support the development of water that is put to
beneficial use, along with associated infrastructure." The proposed water recycling facility
and permitted groundwater load out facility will provide a valuable and indispensable service
to oil and gas companies. The centralized location for load out minimizes the removal of
agricultural land from production.
Section 22-4-140.B. EP.Goal 2. Mineral resource exploration and production waste facilities
should be planned, located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use,scale,height,traffic,dust,noise
and visual pollution. This proposal has been reviewed by the appropriate referral agencies
and it has been determined that the attached Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of the health,safety
and welfare of the inhabitants of the neighborhood and county.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal
Facility-Saltwater Injection;Water Recycling and a Water Supply&Storage Upload Facility
and Truck Tanker Washout Facility)as a Use by Special Review in the A(Agricultural)Zone
District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is bordered by agricultural uses, predominately grazing and
rangelands with sparsely populated residential development. There are 12 property owners
within 500 feet of this proposed facility. There are 5 residences within 0.5 miles to the west of
the proposed facility; one residence within 0.5 miles to the south and one residence to the
east within 0.5 miles and five residences within one mile also to the east. There are two
residences in close proximity to the facility, one is approximately 200 feet to the west of the
property line and the second is approximately 300 feet to the west of the property line. Staff
,20)(4-1 71 0
RESOLUTION USR14-0011
EXPEDITION WATER SOLUTIONS
PAGE 2
has received no letters,telephone calls,electronic mail from adjacent or surrounding property
owners or interested persons. Planning staff will require a Lighting Plan to determine that
there is no transient light travelling off site. Development Standards and Conditions of
Approval will ensure that this use will be compatible with surrounding land uses.
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 located within three miles of a municipality. The Town of Kersey
did not return a referral indicating a conflict with their interests.
E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County-wide Road Impact Fee Program, 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 U.S.D.A.Soils Maps of
Prime Farmlands of Weld County dated 1979 designated the soils on the Salt Water Disposal
Site, as"Prime," however there is a dry up covenant on the property thereby restricting the
viability of the land. The facility will be sited on Lot C and Lot B of Recorded Exemption No.
5024 being approximately 30.190 acres near County Road 50, with the residual lands
maintained for dryland agricultural production.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
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 USR Plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the USR Plat shall be labeled USR14-0011. (Department of Planning
Services)
2. The USR Plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. County Road 50 is designated on the Weld County Road Classification Plan as a
local paved road, with 60 feet of right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this information shall
be noted on the plat. All setbacks shall be measured from the edge of future right-of-
way. This road is not maintained by Weld County. (Department of Public Works)
5. County Road 59 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.An additional 10 feet shall be delineated on the plat
as future County Road 59 right-of-way. All setbacks shall be measured from the
RESOLUTION USR14-0011
EXPEDITION WATER SOLUTIONS
PAGE 3
edge of future right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way and this information shall be noted on the
plat. This road is maintained by Weld County. (Department of Public Works)
6. Delineate the approved access on the plat and label with the approved access permit
number AP14-00050. (Department of Public Works)
7. Delineate and label internal road as recycle/base surface; include double cattle
guards across both lanes at the access point. (Department of Public Works)
8. Delineate and label the 15" diameter pipe (CMP)with flared end sections shall be
placed at the entrance as a part of barrow pit drainage along with two (2) 24"
diameter CMP culverts for irrigation and storm water drainage. (Department of
Public Works)
9. Areas used for trash collection shall be screened from public rights-of-way and all
adjacent properties. These areas shall be designed and used in a manner that will
prevent wind- or animal-scattered trash. Please delineate the location of the
screened trash collection area. (Department of Planning Services)
10. The oil and gas setback radiuses for existing wellheads and tank batteries on the site
shall be indicated in accordance with Section 23-3-50.E of the Weld County Code.
(Department of Planning Services)
11. A portion of Lot C (RE-5024) is in a Special Flood Hazard Area (SFHA) as
determined by the Federal Emergency Management Agency (FEMA). Please
delineate the Floodplain boundary on the USR Map. (Department of Planning
Services)
12. Please delineate the location of all site signs. (Department of Planning Services)
B. An improvements agreement is required for this site. Possible mitigations may include, but
are not limited to: specific haul route, damage repairs, intersection upgrade, and future
improvement triggers. (Department of Public Works)
C. The applicant shall attempt to address the concerns of the Platte Valley School District,Weld
RE-7 referral dated March 20, 2014, specific to submitting bus stops and bus transportation
routes during specific morning and afternoon periods. (Platte Valley School District, Weld
RE-7)
D. The applicant shall submit evidence of an Air Pollution Emission Notice (APEN) and
Emissions Permit application from the Air Pollution Control Division,Colorado Department of
Health and Environment. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
E. The applicant shall submit a Groundwater Monitoring Plan,and the Groundwater Monitoring
Plan shall be approved by Weld County Department of Health and Environment.Evidence of
such shall be submitted, it writing, to the Department of Planning Services. (Department of
Public Health and Environment)
F. The applicant shall ensure that any vehicle washing area(s) shall capture all effluent and
prevent discharges from the washing of vehicles in accordance with the Rules and
Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. Vehicle washing areas should be designated on the plat. (Department of Public
Health and Environment)
RESOLUTION USR14-0011
EXPEDITION WATER SOLUTIONS
PAGE 4
G. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. Evidence
of Department approval shall be submitted in writing to the Weld County Department of
Planning Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site. (This should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.(This should
include SDS sheets and storage location information.)
3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number).
4) Solids and sediment will accumulate in the storage tanks. The waste handling plan
shall include a detailed plan that describes the method of how those solids will be
removed and disposed of, including all on-site handling procedures.
5) The waste handling plan shall provide a commitment to notify the Weld County
Department of Public Health and Environment in writing, in the event the plan is
amended. (Department of Public Health and Environment)
H. The applicant shall provide evidence that a Recycling Facility Initial Registration form has
been submitted to the Colorado Department of Public Health and Environment. (Department
of Public Health and Environment)
The applicant shall submit a Site Lighting Plan for review and approval to the Department of
Planning Services. (Department of Planning Services)
J. The applicant shall determine if an application for a vacation of Lots B and C of Recorded
Exemption No. 5024 will be submitted for processing, or whether an amended Recorded
Exemption for the adjustment of property lines between Lots B and C of Recorded Exemption
No. 5024 will be submitted for processing. The applicant shall submit the requisite
application for processing and approval, including recording of such document(s).
(Department of Planning Services)
K. The applicant shall submit two(2)paper copies of the plat or one(1)electronic copy(.pdf)of
the same for preliminary approval to the Weld County Department of Planning Services.
(Department of Planning Services)
2. Upon completion of Condition of Approval No.1. above,the applicant shall submit a Mylar plat along
with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in
the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat
shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. 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 applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital
copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and
Arclnfo Export files format type is.e00. The preferred format for Images is.tif(Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps(a.co.weld.co.us.
(Department of Planning Services)
RESOLUTION USR14-0011
EXPEDITION WATER SOLUTIONS
PAGE 5
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should
the plat not be recorded within the required one hundred twenty(120)days from the date
the Board of County Commissioners approval was signed a $50.00 recording
continuance charge may be added for each additional 3 month period. (Department of
Planning Services)
5. Prior to the Release of Building Permits:
A. The facility shall post financial assurance with the COGCC. The financial assurance shall be
adequate to cover a third-party closure of the facility, including the plugging and
abandonment of the well, in accordance with industry standards, and the removal of all
structures(including concrete)on the facility. The site shall be returned to its original grade.
The facility shall submit evidence to Weld County Department of Public Health and
Environment that the appropriate financial assurance has been obtained. (Department of
Public Health and Environment)
B. A Detailed Closure Plan shall be submitted to Weld County Department of Public Health and
Environment and the Colorado Oil and Gas Conservation Commission. The Closure Plan
shall include a description of the manner in which the well will be plugged and abandoned,as
well as specific details regarding reclamation of the property. No structures or equipment
associated with the facility shall remain on the property following closure. (Department of
Public Health and Environment)
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 Weld County Department of Public Health and
Environment. Evidence of Department approval shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Public Health and Environment)
D. Detailed plans certified by a Colorado Registered Professional Engineer for the 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(25-year, 24-hour storm
event). Evidence of Department approval shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
E. The applicant shall submit documentation to the Weld County Department of Public Health
and Environment that a recycling facility registration with the CDPHE Hazardous Materials
and Waste Management Division's Solid Waste Unit has been approved. Evidence of
CDPHE approval shall also be submitted in writing to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
F. An Individual Sewage Disposal System(I.S.D.S.)permit is required for sewage flow from the
proposed office building. The system must be designed by a Colorado registered
professional engineer and in accordance with Weld County I.S.D.S.regulations. (Department
of Public Health and Environment)
G. A Flood Hazard Development Permit may be required for the development of Lot C of RE-
5024. Please contact the Floodplain Administrator to verify if a permit is required.
(Department of Planning Services)
6. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
B. Right of way permit is required for any work within the public right of way. (Department of
Public Works)
RESOLUTION USR14-0011
EXPEDITION WATER SOLUTIONS
PAGE 6
C. Special transport permit is required for any over size or over weight vehicles. (Department of
Public Works)
D. Submit written evidence of the approval of the Flood Hazard Development Permit as
applicable. (Department of Planning Services)
7. 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)
B. A PE certified and signed copy of the Spill Prevention, Control and Countermeasure Plan,
prepared in accordance with the applicable provisions of 40 CFR,Part 112 shall be provided
to Environmental Health Services Division of the Weld County Department of Public Health&
Environment. Alternatively, if the applicant makes a determination that due to the location,
the facility cannot reasonably be expected to discharge oil as described in 40 CFR 112.1(b),
the applicant will provide PE certified rationale and supporting documentation to the
Environmental Health Services Division of the Weld County Department of Public Health &
Environment explaining why that facility does not have an SPCC Plan. (Department of Public
Health and Environment)
Motion seconded by Bruce Sparrow.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
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 May 20, 2014.
Dated the 20th of May, 2014.
Digitally signed by Kristine
Ranslem
Date:2014.05.27 14:46:06-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Plumb Ridge LLC
c/o Expedition Water Solutions
U S R14-0011
1. The Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support Facility including a Class II Oilfield Waste
Disposal Facility-Saltwater Injection Facility,Water Recycling and a Water Supply&Storage
Upload Facility and Truck Tanker Washout Facility in the A (Agricultural) Zone District, as
indicated in the application materials on file and 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. No disposal of waste, other than Class II, as currently defined by the Environmental
Protection Agency,is permitted. Any changes from the approved Class II use will require an
amendment to this Use by Special Review Permit. (Department of Public Health and
Environment)
4. In accordance with Section 8 of the Regulations Pertaining to Solid Waste Sites and Facilities
(6 CCR 1007, Part 2), an annual report shall be filed for the recycling operations, which
includes the amount of produced water recycled.The annual report shall be submitted to the
Weld County Department of Public Health and Environment and the Colorado Department of
Public Health and Environment, by March first of each year. (Department of Public Health
and Environment)
5. All liquid waste received at the facility shall be unloaded on the 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 frequently that prevents oil and
other waste from building up on the pad. The unloading pad and secondary containment
shall be maintained to prevent degradation of structural integrity and shall be maintained to
prevent any accumulation of liquids, including stormwater and rainwater or other debris.
During winter months the unloading pad shall be maintained free of ice. (Department of
Public Health and Environment)
6. Analytical data on wastes and environmental monitoring data shall be made available to the
Weld County Department of Public Health and Environment, which reserves the right to
require additional, more extensive monitoring. (Department of Public Health and
Environment)
7. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.,as amended)shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Department of Public Health
and Environment)
8. Any contaminated soils on the facility shall be removed and disposed of in accordance with
applicable rules and regulations. (Department of Public Health and Environment)
9. The facility shall comply with the approved Groundwater Monitoring Plan.
10. All storm water, 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)
11. Adequate drinking water,hand washing,and toilet facilities shall be provided.(Department of
Public Health and Environment)
RESOLUTION USR14-0011
EXPEDITION WATER SOLUTIONS
PAGE 8
12. Any Individual Sewage Disposal System (I.S.D.S) on the property shall be permitted,
installed, maintained, and operated in compliance with all provisions of the Weld County
Code, pertaining to I.S.D.S. Regulations. (Department of Public Health and Environment)
13. Any required Spill Prevention Control and Countermeasure(SPCC) Plan shall be prepared
and maintained on the site per 40 CFR 112. (Department of Public Health and Environment)
14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions.
The facility shall operate in accordance with the approved Waste Handling Plan,at all times.
(Department of Public Health and Environment)
15. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Colorado Department of Public Health and
Environment Water Quality Control Commission,and the Environmental Protection Agency.
(Department of Public Health and Environment)
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall operate in accordance with the approved Dust Abatement Plan, at all times.
(Department of Public Health and Environment)
17. This facility shall adhere to the maximum permissible noise levels allowed in the non-
specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of
Public Health and Environment)
18. All chemicals must be handled in a safe manner in accordance with product labeling and in a
manner that minimizes the release of hazardous air pollutants (HAPs) and volatile organic
compounds(VOCs). All chemicals must be stored securely, on an impervious surface, and
in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
19. The facility shall comply with the Colorado Air Quality Control Commission Regulations and
air permits as stipulated by Colorado Department of Public Health and Environment.
(Department of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of the Colorado Oil and
Gas Conservation Commission, other State and Federal agencies, and the Weld County
Code. (Department of Public Health and Environment)
21. The facility is restricted to ten (10) employees, excluding truck drivers. (Department of
Planning Services)
22. The Facility is restricted to 70 trucks per day, 7 days a week, 365 days per year.
(Department of Planning Services)
23. The property owner or operator shall provide evidence of an Emergency Action and Safety
Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning
Services. (Department of Planning Services)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private streets.
No colored lights may be used which may be confused with, or construed as, traffic control
devices. (Department of Planning Services)
RESOLUTION USR14-0011
EXPEDITION WATER SOLUTIONS
PAGE 9
25. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
(Department of Public Works)
26. The historical flow patterns and runoff amounts will be maintained. (Department of Public
Works)
27. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized. (Department of Public Works)
28. Any lighting, including light from high temperature processes such as welding or combustion,
shall be designed, located and operated in such as manner as to meet the following
standards: sources of light shall be shielded so that beams or rays of light will not shine
directly onto adjacent properties; 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;and no
colored lights may be used which may be confused with or construed as traffic control
devices. (Department of Planning Services)
29. Hours of operation of the Salt Water Disposal Well Facility are twenty-four(24) hours each
day, seven (7) days per week— 365 days per year. Accepting water from inbound trucks
between the hours of 8:00 am to 10:00 pm, daily. (Department of Planning Services)
30. Buildings, equipment and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has been adopted by Weld
County: 2012 International Building Code; 2012 International Mechanical Code; 2012
International Plumbing Code:2006 International Energy Code; 2012 International Fuel Gas
Code;2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of
the Weld County Code. (Department of Building Inspection)
30. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County-wide Road Impact Fee Program and the County Facility Fee and Drainage Impact
Fee Program. (Department of Planning Services)
31. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240, Weld County Code. (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code. (Department of Planning Services)
33. 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. (Department of Planning Services)
34. 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. (Department of Planning
Services)
35. 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.
(Department of Planning Services)
RESOLUTION USR14-0011
EXPEDITION WATER SOLUTIONS
PAGE 10
36. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the
country in total market value of agricultural products sold. The rural areas of Weld County
may be open and spacious, but they are intensively used for agriculture. Persons moving
into a rural area must recognize and accept there are drawbacks, including conflicts with
long-standing agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open
views, spaciousness,wildlife,lack of city noise and congestion,and the rural atmosphere and
way of life. Without neighboring farms,those features which attract urban dwellers to rural
Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well-
run agricultural activities will generate off-site impacts, including noise from tractors and
equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal
hazing of nuisance wildlife;and the use of pesticides and fertilizers in the fields,including the
use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
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.
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REQUEST: CHANGE OF ZONE REQUEST FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT
FOR TWO(2)LOTS WITH ESTATE ZONE DISTRICT USES.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX11-0002; PART W2NW4 SECTION 7, T3N, R68W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 1; SOUTH OF AND ADJACENT TO CR 36.
Kim Ogle, Planning Services, presented Case PUDZ14-0001, reading the recommendation and
comments into the record. A letter of objection from Anadarko Petroleum Corporation was received
regarding the subsurface mineral estate interests. Under Condition of Approval 1.B the applicant shall
submit a copy of the agreement with the property's mineral owner/operators or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral owner/operators. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
John Frits, 16898 CR 1, stated that he currently resides on the property. They purchased the property
with their daughter and her family with the intention of adding a second residence. They had hoped to do
a Recorded Exemption; however they were ineligible.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked if the paving waiver can be addressed here or if Public Works will handle that. Mr.
Carroll said that they would like to receive a document from the applicant requesting the paving waiver.
Mr. Ogle recommended adding a Condition of Approval 1.A that states "The applicant shall submit a letter
to Public Works requesting a waiver of the pavement requirement for the PUD" and then re-letter
accordingly.
Motion: Add Condition of Approval 1.A as state by staff and re-letter accordingly, Motion by Jason
Maxey, Seconded by Benjamin Hansford. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Conditions of Approval and if they
are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case PUDZ14-0001 to the Board of County Commissioners along with the amended
Conditions of Approval with the Planning Commission's recommendation of approval, Moved by
Benjamin Hansford, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
CASE NUMBER: USR14-0011
APPLICANT: PLUMB RIDGE LLC,C/O EXPEDITION WATER SOLUTIONS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT FACILITY INCLUDING A CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY, WATER RECYCLING AND A
WATER SUPPLY & STORAGE UPLOAD FACILITY AND TRUCK TANKER
WASHOUT FACILITY IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A, B AND C OF REC EXEMPT RE 5024; PART W2 SECTION 36 T5N,
R64W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 50; EAST OF AND ADJAC: EXHIBIT
Kim Ogle, Planning Services, presented Case USR14-0011, reading the recommendation - ,
into the record. No letters or electronic mail has been received from adjacent or surrou
(C14-17J0
owners. Staff did receive several phone calls from one neighbor who cited concerns about the ability to
gain minerals from that site. Mr. Ogle noted that he received a phone call from Barry Schaefer, Platte
Valley Fire Department, concerned with the amount of traffic. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards. Mr. Ogle added that the ownership of the property has changed since the application was
submitted. The land is now owned by Expedition Water Solutions. He recommended amending
Development Standard 24 to read "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 Section 15-1-180 of the Weld County Code." Additionally he recommended
adding a new Condition of Approval 7.C to read "The applicant shall submit As-Built drawings for the
facility."
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. He noted the correction line at the intersection of County Roads 50 and 59;
therefore the intersection is offset.
Commissioner Berryman asked if there is an established haul route. Mr. Carroll said that it is established
in the Improvements Agreement process.
Heather Barbare, Environmental Health, reviewed the requirements and permits including Air Emissions
Permit, Waste Handling Plan, Groundwater Monitoring Plan, and the Spill Prevention Control and
Countermeasure Plan.
Jim Goddard, 1023 39th Ave, Greeley, stated that they are proposing a Class II saltwater injection facility
with the truck wash-out and recycle water at a future date.
He added that they are requesting 130 truck trips per day; however they work with two different operators
in the basin that would take up 75% of the well and doesn't believe that they will reach that number.
Commissioner Maxey asked if there will be a pipeline to this facility. Mr. Goddard replied that their two
operators are close to signing a contract to pipeline the water in from the east. Mr. Maxey asked how
much they expect to come in through the pipeline. Mr. Goddard said that they are estimating 75% will
come through the pipeline.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Eric Millage, Millage Brothers Inc., 22744 CR 59, stated that he has adjacent property and is concerned
with 136 trucks on that road. Additionally he is concerned with the lighting plan. He wants to make sure
that the lights are not broadcast out onto the surrounding neighborhood. He would like to see the facility
moved back so that the trucks will be staged on the property and not on the county road.
Glen McClain, representing the Platte Valley School District, stated that they did submit a letter
concerning the amount of trucks in regard to school bus stops. He said that there are 10 active bus stops
in 1 mile, and if you go out 2 miles there are up to 20 active bus stops. The potential is that any
residence in that area could become a bus stop and is concerned with the volume of traffic.
Dan Buderus, 19712 CR 15.5, Partner of Buderus Farms, stated that he is concerned with the amount of
traffic. He said that at the top of the site there is a hill and the line of sight is not very good. Because of
the correction line at the intersection it is difficult to make the turn. He added that they have not been
contacted about a pipeline through their property to this site.
Johnny Gabe, 24271 CR 59, stated that he is concerned with the amount of the truck traffic with his
children playing outside and at the bus stop.
Dennis Hoshiko, 1811 38th Ave, Greeley, stated that he has property around the proposed site.
Additionally, he stated that he is President of the Lower Latham Reservoir Company who owns property
in proximity to the site. He is opposed to this proposal due to the amount of truck traffic. He said that he
is not aware of any pipeline and would object to that as well. He added that the intersection at County
Road 59 and County Road 50 is awkward to negotiate.
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Eric Millage said that all of the drilling activity is from the 70 Ranch and asked why we want to have them
cross Highway 34 where there is more dense population.
Commissioner Maxey said that he finds himself in a little conflict. He also sits on the school board and
asked legal counsel if he should recuse himself. Brad Yatabe, County Attorney, asked if there is a direct
financial interest and if the testimony of the school representative will change your view or vote on this
case then you should recuse yourself. Mr. Yatabe asked Mr. Maxey if he received any financial
compensation. Mr. Maxey replied no. In response to Mr. Yatabe, Mr. Maxey said that he believes he can
make a fair judgment; however he is concerned that since he represents both boards that there could be
conflict on how he votes. Mr. Yatabe said that he could certainly recuse himself or abstain from the vote
at this point. Mr. Maxey said that he will abstain from voting.
Mr. Goddard said that he went before the County on where they were proposing to locate the facility and
met with CDOT and it didn't appear that they have any issues. He has agreed to the improvement
triggers and agrees to stand by those numbers. With regard to the staging of trucks, he said that the site
will hold 25 trucks.
Mr. Goddard said that there will be groundwater monitoring wells located on the site to monitor any
groundwater contamination. Additionally, they will submit a lighting plan for staff to review. Mr. Goddard
said that they are working with Sterling Energy regarding the pipeline and added that they have not heard
how they are going to route the pipeline into the facility. The reason for the pipeline is to take trucks off of
the road.
Commission Wailes asked what they look for in a site to make it viable. Mr. Goddard said that he talks to
operators for their future outlook and then they look at potential locations. He added that this subject site
has been on the market for three (3) years. Mr. Goddard said that they didn't locate in 70 Ranch as there
are a couple of disposal wells located there already. In response to Commissioner Berryman, Mr.
Goddard said that in the next three years the drilling activity will take place to the south and west.
Commissioner Smock asked how long this site will last. Mr. Goddard replied that he expects it to last 20
years.
Commissioner Lawley asked if County Road 50 is a paved road. Mr. Carroll said it is a road surface that
is between a gravel and paved road. Mr. Lawley understands that the applicant will be responsible for the
repairs to the road and asked about the improvements to the road. Mr. Carroll said that there has only
been one (1) accident reported at that intersection. He added that Public Works is aware it is an offset
intersection and turning radius is difficult and they will take a look at that intersection. If the applicant
meets the triggers it will warrant the improvements.
The Chair asked Mr. Ogle if the applicant was encouraged to hold a meeting with the surrounding
landowners. Mr. Ogle said that he was given the option of holding a neighborhood meeting or meeting
individually with the surrounding landowners. Mr. Goddard said that he visited with one (1) landowner.
Additionally, he received a call from Mr. Brauer and returned his phone call twice, but has not made
contact with him. He added that he would be happy to meet with the individuals.
The Chair asked the Planning Commission to address the proposed amendments to the Staff Report.
Mr. Ogle recommended adding a new Condition of Approval 7.C to read "The applicant shall submit As-
Built drawing for the facility."
Additionally, he suggested amending Development Standard 24 by replacing "Chapter 15, Articles I and
II"with "Section 15-1-180".
Motion: Add a new Condition of Approval 7.C and amending Development Standard 24 as stated by
staff, Motion by Bruce Sparrow, Seconded by Benjamin Hansford. Motion carried unanimously.
Commissioner Lawley said his concern is that staff told the applicant to visit with the surrounding property
owners and he didn't do it. He strongly encouraged the applicant to visit with the surrounding property
owners prior to the Board of County Commission hearing.
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Commissioner Sparrow said that you are putting these landowners in a position to accept the pipeline or
the truck traffic. He added that he would have liked to see these agreements in place prior to the hearing.
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.
Mr. Yatabe indicated that the motion can be to recommend approval or denial, continue the case to a
future date or make no recommendation.
Motion: Forward Case USR14-0011 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with no recommendation from the Planning Commission, Moved
by Benjamin Hansford, Seconded by Nick Berryman.
Vote: Motion failed (summary:Yes= 3, No=4,Abstain = 1).
Yes: Benjamin Hansford, Bruce Sparrow, Nick Berryman.
No: Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes.
Abstain: Jason Maxey.
Commissioner Sparrow commented that he wished these issues had been answered prior to today's
hearing.
Motion: Forward Case USR14-0011 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of denial,
Moved by Jordan Jemiola, Motion died due to lack of second motion.
Commissioner Jemiola cited Section 22-2-20, specifically Policy 8.3.
Motion: Continue Case USR14-0011 to the May 20, 2014 Planning Commission hearing so the applicant
can address concerns with the landowners, Moved by Mark Lawley, Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes=7, No=0,Abstain = 1).
Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael
Wailes, Nick Berryman.
Abstain: Jason Maxey.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 3:44 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETI s t
Tuesday, May 20, 2014 L—DUll
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,
Mark Lawley, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes.
Absent/Excused: Nick Berryman
Also Present: Kim Ogle, Chris Gathman, and Tom Parko, Department of Planning Services; Don Carroll,
Department of Public Works; Lauren Light and Heather Barbare, Department of Health; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the May 6, 2014 Weld County Planning Commission minutes, Moved by Jason Maxey,
Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: COZ14-0002
APPLICANT: MARK&JACQUELYN EBERL
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE PUD (PLANNED UNIT DEVELOPMENT)
ZONE DISTRICT TO THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 9 EDENS RESERVE PUD; PART OF SECTION 21, T3N, R68W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 32;0.5 MILES EAST OF CR 5.
Chris Gathman, Planning Services, requested that a continuance of this case be made to the June 17,
2014 Planning Commission hearing so that the 30 day notice to the mineral interest owners can be
completed as well as a correction to the legal notice.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this case. No one wished to speak.
Motion: Continue Case COZ14-0002 to the June 17, 2014 Planning Commission hearing date, Moved
by Jason Maxey, Seconded by Bruce Sparrow. Motion carried unanimously.
CASE NUMBER: USR14-0011
APPLICANT: EXPEDITION WATER SOLUTIONS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT FACILITY INCLUDING A CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY, WATER RECYCLING AND A
WATER SUPPLY & STORAGE UPLOAD FACILITY AND TRUCK TANKER
WASHOUT FACILITY IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOTS A, B AND C OF REC EXEMPT RE 5024; PART W2 SECTION 36, T5N,
R64W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 50; EAST OF AND ADJACENT TO CR 59.
Commissioner Maxey noted that he abstained from the case at the last hearing and wished to recuse
himself for this case.
Kim Ogle, Planning Services, presented Case USR14-0011, reading the recommendation and comments
into the record. Mr. Ogle noted that this case was continued from the May 6`h Planning Commission
hearing. He added that the applicant, Mr. Goddard, indicated that he met with several neighbors and it
appears that the main issues of concern are the truck traffic and staging of trucks on county roads.
Additionally, Mr. Goddard met with the Platte Valley Fire Chief, Barry Schaefer, and the School
Superintendent of RE-7, Glenn McClain, Jr. regarding their concerns. The original application requested
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a twenty-four hour a day, seven day a week, 365 day a year operation. After hearing their concerns,
Expedition Water Solutions has agreed to open the facility gates at 8 am after the school buses are back
at the bus barn and close the facility to truck traffic at 10 pm. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Don Carroll, Public Works, reported on the existing traffic and condition of the county roads. He added
that this road is a HRP (Haul Route Program) road where Weld County has upgraded the roads to
accommodate the truck traffic due to the oil and gas industry.
Commissioner Wailes asked what the triggers are that the County uses to determine the HRP roads.
Janet Lundquist, Public Works, stated that it is a combination of things from an increase in truck traffic to
an increase of volume of traffic.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Jim Goddard, Expedition Water Solutions, 1023 39`h Avenue, Greeley, stated that he talked with the
School Superintendent of RE-7 and Expedition Water Solutions has agreed to open the gates to trucks at
8 am after the school buses are back to the school. Additionally, after talking with several of the
neighbors Expedition Water Solutions also agreed to close the gates at 10 pm. Additionally, they have
reduced the truck traffic from 130 trucks to 70 trucks per day.
Mr. Goddard also mentioned that Fire Chief, Barry Schaefer, suggested a specific haul route; however
Public Works will determine the haul route.
John Benson, Electrical Consulting Engineer, stated that they will utilize cut-off technology which will keep
the light within the perimeter of the building. He added that in this case they are also looking at glare
control.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Eric Millage, President of Millage Brothers, 22744 CR 59, stated that they have several farms around this
area. At the last hearing the applicant was to make contact with the neighbors; however Mr. Millage said
that he has not received any contact. He expressed concerns regarding the lighting, the conditions of the
road and the correction line at the intersection of County Road 50 and County Road 59. Additionally, he
questioned the safety of the kids being dropped off after school. Mr. Millage stated that he has not
received any information regarding the proposed pipeline into this facility.
Todd Bean, 14339 CR 74, stated that he owned this property previously and sold it to Expedition Water
Solutions. He stated that the farm was dried up in 2010 and the property was placed on the market for
sale. Mr. Bean said that he believes this property is a good location for the intended use. He added that
there are a lot of wells being drilled within a few miles of this location on the south side of the highway.
The public including the neighbors had the opportunity to purchase this property for several years
including the Lower Latham Ditch and Dennis Hoshiko. Mr. Bean said that he has email correspondence
that provides evidence that the property was offered to Lower Latham and Mr. Hoshiko and wished to
submit that packet to the Planning Commission.
Wendy and Larry Tekler, 23530 CR 59. Mr. Tekler said that they are concerned with the dust, lights and
noise and asked who will monitor the air quality. Ms. Tekler said that they live in a floodplain and asked
what this extra water does with the floodplain.
Noblet Danks, 30150 CR 50, stated that there are potholes on the County roads. She expressed concern
with the proposed 70 trucks per day and with the injection of the water itself.
Shirley and Johnny Rain, 31019 CR 50. Ms. Rain stated that they live on the dirt road. She expressed
concern over what the haul route is and school bus stops.
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Dave Gage, 4634 W 2n° St, Greeley, stated that he has worked in the industry and with Jim Goddard for
20 years and added that he currently teaches oil and gas technology classes at Aims Community
College. He said that Mr. Goddard has an established record with adjacent landowners of doing what he
says he is going to do. Mr. Gage provided examples of how they accommodated the neighbors when
they were being impacted.
Dennis Hoshiko, 1811 38th Avenue, Greeley, stated that he occasionally resides at 28607 CR 50, which is
located 0.5 miles west of the proposed project. He stated that he found groundwater at 4 feet on the
property which is located diagonally from the proposed project. Additionally he is concerned with the
runoff from the property to the Boxelder Creek which flows directly into the South Platte River. He stated
that these Recorded Exemption sites were divided for residential uses and not industrial uses.
In response to Commissioner Lawley's inquiry regarding staging on the county road, Mr. Carroll said that
the applicant indicated that 25 trucks could be staged on the proposed site. He questioned if there will be
any staging on the county road until the gate to the facility opens at 8 am. Ms. Lundquist stated that
anyone seeing any staging on the road that they should call the Sheriffs Department.
The Chair asked to explain how the haul route is established and when. Ms. Lundquist said that they look
at where the traffic is coming from and going to and what the applicant is responsible for in terms of
maintenance. This information is included in the Improvements Agreement. She suggested utilizing
County Road 61 going north or going west on County Road 50 to County Road 53. However, she said
that a more in-depth conversation with the applicant takes place after the hearing to determine the haul
route.
In response to the Chair's inquiry regarding dust control, Ms. Barbare noted that the applicant has
submitted a dust abatement plan and added that it has been approved. She read into record the
requirements of dust control.
The Chair asked what the noise level requirement is at the site. Ms. Barbare said that Development
Standard 17 relates to noise standards for the site, which is 50 decibels during the day and 55 decibels at
night.
The Chair asked about the potholes on the county roads. Mr. Carroll said he drove the road yesterday
and didn't see any potholes or rutting. He added that if someone sees potholes they should call and
Public Works will assess it and provide maintenance for the roadway.
In response to the Chair's inquiry regarding air quality monitoring, Ms. Barbare stated that Condition of
Approval 1.F states that an Air Emissions Permit is required for the facility. That permit is granted from
the State of Colorado;therefore the State regulates the air emissions from the facility.
Regarding the floodplain, Mr. Carroll noted that a portion of Lot C is in a floodplain; however the facility is
not being constructed in the floodplain. The Chair asked if run-off is detained on site. Mr. Carroll said
that the applicant supplied a drainage narrative and staff did look at the drainage criteria and accepted
their information.
The Chair asked to explain the well and how they will keep it from contaminating the water. Mr. Goddard
explained the process and protection of contaminating the water. He said that it will be monitored every 2
hours for leaks.
The Chair asked what drives the number of injection wells. Mr. Goddard said that with the production of
new oil and gas wells each day and year, Mr. Goddard submitted a picture of 21 trucks staged at the NGL
Solutions(formerly Conquest C-7) injection facility at Highway 392 and County Road 74.
Mr. Goddard heard the concern of staging trucks at 8 am and added that he will make it very clear to the
truckers that they will not be accepted prior to 8 am and no staging is allowed.
Commissioner Sparrow asked if he overestimated at 130 trucks. Mr. Goddard said that he was asking for
the maximum number of trucks; but believes that 70 is the more realistic number he can handle.
3
Commissioner Smock asked how many landowners were contacted. Mr. Goddard said that he contacted
the School Superintendent, the Platte Valley Fire Chief, Dan Buderus, Mr. Gonzales and Mr. Nunez.
The Chair called a recess at 3: 16 pm and reconvened the hearing at 3:27 pm .
The Chair asked about the pipeline and where it is at in the process. Mr. Goddard said that they have
talked with Sterling Energy about bringing in an 8 inch line from the east.
Commissioner Sparrow asked the applicant if he contacted Mr. Hoshiko. Mr. Goddard was told by Mr.
Hoshiko after the last hearing that he didn't need to talk with him.
The Chair asked staff if there are amendments to the staff report. Mr. Ogle stated that they
recommended amending Development Standard 28 to read "Hours of operation of the Salt Water
Disposal Well Facility are twenty-four (24) hours each day, seven (7) days per week — 365 days per year.
Accepting water from inbound trucks between the hours of 8:00 am to 10: 00 pm, daily."
Motion : Amend Development Standard 28 as read by staff, Moved by Benjamin Hansford, Seconded
by Michael Wailes. Motion carried unanimously.
Mr. Ogle stated that the original application stated that there were 130 trips per day to this facility and
then the applicant has amended that to 70 trips per day. Mr. Ogle suggested adding a new Development
Standard 22 to read "The Facility is restricted to 70 trucks per day, 7 days a week, 365 days per year."
Motion: Add new Development Standard 22 as stated by staff and renumber accordingly, Moved by
Benjamin Hansford , Seconded by Bruce Sparrow. 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 USR14-0011 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 Benjamin Hansford, Seconded by Bruce Sparrow.
Vote: Motion carried (summary: Yes = 5, No = 1 ) .
Yes: Benjamin Hansford , Bruce Sparrow, Jordan Jemiola, Mark Lawley, Michael Wailes.
No: Joyce Smock.
Commissioner Jemiola said that he believes the applicant has attempted to demonstrate that the
roadways that the facility is associated with are adequate with the structural capacity. He commended
the applicant for limiting the truck traffic and strongly encouraged the applicants to reach out to the
residents who live in this area.
Commissioner Smock stated that she doesn't believe that this is compatible with the surrounding
property.
Commissioner Sparrow commented that the reduction of trucks to the facility helps. Additionally, he
encouraged the applicants to pursue the pipeline installation.
CASE NUMBER: USR14-0005
APPLICANT: TERRY GRAZING ASSN; 0/O CONNELL RESOURCES. INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OPEN
PIT MINING AND MATERIALS PROCESSING, AN ASPHALT BATCH PLANT
AND RELATED ACCESSORY BUILDINGS IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: ALL OF SECTION 21 , T11N, R67W OF THE 6TH P.M. , WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 126; EAST OF AND ADJACENT TO CR
17.
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