HomeMy WebLinkAbout20140984.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0017, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING AN OIL AND GAS SUPPORT FACILITY (CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - KONIG LAND AND CATTLE, LLC, AND
LOYD FARMS
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 2nd day of
April, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Konig Land and Cattle, LLC, 57851 CR 81, Grover, CO 80729 and Loyd
Farms, 66732 CR 87, Grover, CO 80729, for a Site Specific Development Plan and Use by
Special Review Permit, USR13-0017, for Mineral Resource Development Facilities, including an
Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility - saltwater injection
facility) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Subdivision Exemption SUBX12-0022 Being Part of the NW4 NE4
of Section 6, Township 11 North, Range 62 West and Subdivision
Exemption SUBX12-0023, Being Part of the N2SE4 of Section 31,
Township 12 North, Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Paul Donovan, EOG
Resources, Inc., 600 17th Street, Suite 1000N, Denver, CO 80206, 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:
A. Section 23-2-230.6.1 -- The propped use is consistent with Chapter 22
and any other applicable code provisions or ordinance l in effect.
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1) 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"
2) Section 22-4-140. A (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.
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." 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 23-2-230.6.2 -- 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 provides for Mineral Resource Development, Oil and Gas Support
and Service, including a Class II Oilfield Waste Disposal Facility -
Saltwater Injection Facility as a Use by Special Review 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 site is bordered
by agricultural uses, predominately grazing and rangelands with sparsely
populated residential development. There are 19 property owners within
500 feet of this proposed facility. There are no residences in the general
area with the nearest residence over two miles from the site. Staff has
received no letters, telephone calls, or electronic mail from adjacent or
surrounding property owners or interested persons. Conditions of
Approval and Development Standards will ensure that this use will be
compatible with surrounding land uses.
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 three (3) miles of a
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municipality; however, it is located within three (3) miles of Laramie
County, Wyoming, which has not returned a referral response.
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 23-2-230.6.6 -- 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 tank farm site as High
Potential Dryland, Prime if Irrigated and on the Salt Water Disposal Site,
as "Other Lands."
G. Section 23-2-230.6.7 -- 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 Konig Land and Cattle, LLC, and Loyd Farms, for
a Site Specific Development Plan and Use by Special Review Permit, USR13-0017, for Mineral
Resource Development Facilities, including an Oil and Gas Support Facility (Class II Oilfield
Waste Disposal Facility - saltwater injection facility) in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the USR Map:
A. The plat shall be amended to delineate the following:
1) All sheets of the USR Map shall be labeled USR13-0017.
2) The USR map shall be prepared per Section 23-2-260.D of the
Weld County Code.
3) The attached Development Standards.
4) County Road (CR) 136 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 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. If the right-of-way
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cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
5) CR 77 is designated on the Weld County Road Classification Plan
as an Arterial road, which requires 140 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. An additional
40 feet shall be delineated on the plat as future CR 77
right-of-way. All setbacks shall be measured from the 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. If the right-of-way cannot
be verified, it shall be dedicated. This road is maintained by Weld
County.
6) The applicant shall specifically indicate on the plat the type of
(lease road) easement and indicate whether it is dedicated,
private, or deeded to provide adequate access to the parcel.
Section line accesses are considered private lanes with no county
maintenance. There is no County right-of-way in Section 31,
Township 12 North, Range 62 West of the 6th P.M., Weld County,
Colorado. The lease road or easement shall be a graded and
drained road to provide an all-weather access tracking lane.
7) The applicant shall delineate a vehicle tracking control pad
consisting of a double cattle guard set, placed back-to-back
across the entire width of the roadway and will be required to
prevent tracking of material from the site in the way of mud or
debris onto Weld County roads. This needs to be placed and
shown on the plat drawing across both lanes. A stop sign shall be
installed prior to entering on to CR 136 as a safety item.
8) The application materials did not include a Lighting Plan. Should
exterior lighting be a part of this facility, all light standards shall be
delineated on the plat.
B. The applicant has supplied a Field-Wide Storm Water Management Plan
(SWMP). Best Management Practices (BMP's) will be instilled throughout
the entire permit area to manage storm water runoff. The applicant will
continue to be responsible for providing a water quality feature that
conforms to the methodology outlined in Volume 3, Section 4.4.2 of the
Urban Storm Drainage Criteria manual. All erosion and sediment control
practices and other protective measures identified in the SWMP must be
maintained in effective operating condition.
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C. Weld County Public Works is asking the applicant to enter into an
Improvements Agreement and to post collateral for all off-site
improvements (CR 136/77-71; Truck Haul Route).
D. The applicant shall file an Air Pollution Emissions Notice (APEN) with the
Air Pollution Control Division, Colorado Department of Public Health and
Environment. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
E. A Ground Water Monitoring Plan shall be submitted to the Weld County
Department of Public Health and Environment, for review and approval.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. If appropriate, a Stormwater Discharge Permit coverage shall be obtained
from the Colorado Department of Public Health and Environment, Water
Quality Control Division, for construction activities. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
G. The applicant shall address the requirements/concerns of the Weld
County Building Inspection Department, as stated in the referral response
dated May 6, 2013.
H. The applicant shall submit a Dust Abatement Plan, detailing on-site dust
control measures, for review and approval, to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment. Evidence of acceptance shall be submitted, in writing, to
the Weld County Department of Planning Services.
The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1) A list of wastes which are expected to be generated on the 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 the site.
3) The waste handler and facility where the waste will be disposed,
including the facility name, address, and phone number.
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J. The applicant shall submit two (2) paper copies of the plat or one (1) electronic copy of
the same for preliminary approval to the Weld County Department of Planning Services.
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. 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.
4. 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
5. Prior to the Release of Building Permits:
A. Detailed plans for the concrete secondary containment structure for all
storage and processing tanks shall be submitted. 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
structure meets or exceeds the expected function of a concrete structure
in regards to containment, spills, and unintended releases.
B. A detailed design for a concrete truck unloading pad shall be submitted to
the Weld County Department of Public Health and Environment, for
review and approval. The design shall demonstrate how all spilled
wastes, stormwater, and pad wash down water will be contained within
the receiving area and concrete pad and sump. The design shall also
include the method in which seams will be sealed to prevent leakage
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through the concrete pad. A leak detection system shall be designed and
installed beneath the concrete unloading pad. The concrete unloading
pad shall be constructed and operated in accordance with the approved
design. Written evidence of the Department of the Weld County
Department of Public Health and Environment approval of the concrete
unloading pad and leak detection design shall be provided to the
Department of Planning Services.
6. Prior to Operation:
A. The applicant shall submit evidence to the Weld County Department of
Public Health and Environment, Weld County Department of Planning
Services, and the Colorado Oil and Gas Conservation Commission that
the facility was constructed in accordance with application materials.
B. A detailed Closure Plan shall be submitted to the 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.
C. A professional engineer certified and signed copy of the Spill Prevention,
Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be provided to
Environmental Health Services Division of the Weld County Department
of Public Health and Environment.
D. 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. The applicant
shall submit evidence of acceptance to the Department of Planning
Services.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d atc
tp: �4��� u S . c ✓
�►,.uglas ademac r, Chair
Weld County Clerk to the Board, c
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• 1161 1( :*2 _ -ra Kirkmeyer,pro-Tem
BY:
Depute lerk to the Boar•
n P. Conway
AP V AS M:
Mike Fre
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ttorney C1 ��--�
Wil ivam F. Garcia
Date of signature: 6/5/14
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KONIG LAND AND CATTLE, LLC, AND LOYD FARMS
USR13-0017
1. The Site Specific Development Plan and Use by Special Review Permit, USR13-0017, is
for Mineral Resource Development Facilities, including an Oil and Gas Support Facility
(Class II Oilfield Waste Disposal Facility - saltwater injection facility) in the
A (Agricultural) Zone District, as indicated in the application materials on file and 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 facility shall be constructed and operated to ensure that contamination of soil and
ground water does not occur.
4. No disposal of waste, other than produced water piped from nearby wells operated by
the injection well operator, is permitted. Any changes from this approved use would
require an amendment to this Special Use Permit.
5. Recovered crude/condensate loadout operations shall be conducted in a manner which
prevents leakage or discharge onto the ground outside the concrete containment area.
Spill prevention measures shall be employed when making connections and during
loadout operations. Portable containment, such as drip pans, shall be utilized when
working outside the containment area.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
8. The facility shall comply with Colorado Air Quality Control Commission Regulations and
any air permits issued by the CDPHE Air Pollution Control Division.
1 9. Analytical data on wastes and environmental monitoring data shall be made available to
the Weld County Department of Public Health and Environment, who reserves the right
to require additional/more extensive monitoring.
10. 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.
11. Any contaminated soils on the facility shall be removed, treated or disposed of, in
accordance with all applicable rules and regulations.
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12. The facility shall comply with the approved Groundwater Monitoring Plan.
13. All stormwater which comes into contact with waste materials on the site shall be
confined on the site.
14. Portable toilets may be utilized and shall be maintained in a sanitary condition.
15. A professional engineer certified and signed copy of the Spill Prevention, Control and
Countermeasure Plan shall be available on-site, at all times.
16. 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.
17. Weld County shall not be responsible for the maintenance of on-site drainage related
facilities.
18. 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.
19. The property owner or operator shall provide written 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.
20. 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 light rays will not shine
directly onto adjacent properties where such would cause a nuisance or interfere with
the use of the adjacent properties in accordance with the plan. Neither the direct, not
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. Hours of operation are twenty-four (24) hours each day, seven (7) days per week, 365
days per year.
22. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2011 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing
the wet stamp of a Colorado registered architect or engineer must be submitted for
review. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection.
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23. Building permits issued on the property will be required to adhere to the fee structure of
the County-Wide Road Impact Fee Program.
24. Building permits issued on the property will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
27. 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.
28. 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.
29. 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.
30. 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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