HomeMy WebLinkAbout20141389.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0003, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(A DISPOSAL SITE FOR OIL AND GAS PRODUCTION WASTE, INCLUDING A
CLASS II INJECTION WELL AND WATER RECYCLING FACILITY WITH THE
CAPABILITIES OF RECYCLING THE WATER FOR USE IN THE OILFIELD
INDUSTRY AND TO WASH OUT TANKS) IN THE A (AGRICULTURAL) ZONE
DISTRICT- EXPEDITION WATER SOLUTIONS
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 7th day of
May, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Expedition Water Solutions, P.O. Box 336597, Greeley, CO 80633, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0003, for an Oil and
Gas Support and Service Facility (a disposal site for oil and gas production waste, including a
Class II injection well and water recycling facility with the capabilities of recycling the water for
use in the Oilfield Industry and to wash out tanks) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Being part of the N1/2 NW1/4 of Section 26,
Township 8 North, Range 60 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, represented by Jim Goddard,
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:
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
CZ : C/kSY)?LiCG)PWCDC)H-L(ftB')Appt. 2014-1389
5",22-'?O1q PL2270
SPECIAL REVIEW PERMIT (USR14-0003) - EXPEDITION WATER SOLUTIONS
PAGE 2
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 22-4-30.A (WA.Goal 1) states: "Support the development
of water that is put to beneficial use, along with associated
infrastructure."
4) 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.
5) Section 22-4-140.6.1 (EP.Policy 2.1) states: "7n 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. 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.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 residences are approximately 2.5 and 3 miles to the south and
southwest 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.
2014-1389
PL2270
SPECIAL REVIEW PERMIT (USR14-0003) - EXPEDITION WATER SOLUTIONS
PAGE 3
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
"High Potential Dry Cropland-Prime if they become Irrigated" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The
proposed facility improvements will cover approximately six (6) acres of
the existing parcel.
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 Clyde Hemberger, Go Expedition Water
Solutions, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0003, for an Oil and Gas Support and Service Facility (a disposal site for oil and gas
production waste including a Class II injection well and water recycling facility with the
capabilities of recycling the water, for use in the Oilfield Industry and to wash out tanks) 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, if
applicable.
B. The applicant shall submit a Groundwater Monitoring Plan, and the
Groundwater Monitoring Plan shall be approved by Weld County
Department of Public Health and Environment. Evidence of such shall be
submitted, it writing, to the Department of Planning Services.
2014-1389
PL2270
SPECIAL REVIEW PERMIT (USR14-0003) - EXPEDITION WATER SOLUTIONS
PAGE 4
C. 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.
D. 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-site (this
should include expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored
on-site.
3. The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
4. Solids and sediment will accumulate in the storage tanks. The
Waste Handling Plan shall describe the method of how those
solids will be removed, including all on-site handling procedures.
5. The Waste Handling Plan shall provide a commitment to notify the
Weld County Department of Public Health and Environment, in
writing, in the event the plan is amended. The plan shall be
reviewed and approved by the Weld County Department of Public
Health and Environment.
E. The applicant shall provide evidence of a Recycling Facility Registration
and a Colorado Department of Public Health and Environment (CDPHE)
approved Design and Operations Plan.
F. The applicant shall provide a copy of an approved Well Permit from the
Colorado Division of Water Resources for the proposed facility.
G. The applicant shall submit written evidence of a commercial well/water
tap to the Department of Planning Services and the Department of Public
Health and Environment.
H. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F. which states, in part, that, "any lighting
shall be designed, located, and operated in such a 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."
2014-1389
PL2270
SPECIAL REVIEW PERMIT (USR14-0003) - EXPEDITION WATER SOLUTIONS
PAGE 5
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.
J. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0003.
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 Lighting Plan.
6) The approved Signage Plan, if applicable.
7) County Road (CR) 105 is designated on the Weld County Road
Classification Plan as a Collector road, which requires 80 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. The applicant shall delineate or dedicate an
additional 10-feet of right-of-way parallel to the CR 105
right-of-way for future buildout. The applicant shall verify and
delineate on the plat 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 show the approved access on the plat and
label with the approved Access Permit Number (AP14-00005).
9) Right-of-way for State Highway 14 shall be indicated on the plat.
2014-1389
PL2270
SPECIAL REVIEW PERMIT (USR14-0003) - EXPEDITION WATER SOLUTIONS
PAGE 6
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 23-2-260.0 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 facility 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
facility. The site shall be returned to its original grade. The facility shall
submit evidence to Weld County Department of Public Health and
Environment (WCDPHE) 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.
2014-1389
PL2270
SPECIAL REVIEW PERMIT (USR14-0003) - EXPEDITION WATER SOLUTIONS
PAGE 7
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. 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.
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. (Condition met
4/15/14)
G. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
6. One month prior to Operation:
A. A professional engineer certified and signed copy of the Spill Prevention,
Control and Countermeasure Plan (SPCC), prepared in accordance with
the applicable provisions of 40 CFR, Part 112, shall be provided to the
Environmental Health Services Division of the Weld County Department
of Public Health and 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 rationale and supporting documentation to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment explaining why that facility does not have an SPCC
Plan.
2014-1389
PL2270
SPECIAL REVIEW PERMIT (USR14-0003) - EXPEDITION WATER SOLUTIONS
PAGE 8
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.
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 7th day of May, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, CO ADO
ATTEST: a` , ��,/ 00
�. t�/ .•�C,LIo;e2 Vila's Rademacher, Chair
Weld County Clerk to the Board
• ,���� rbara Kirkme er Pro-Tem
BY: '�
De. Z Clerk to the B•`d A ,: . �J ` •
tut ( ..-, �
� = Sean P. Conway
APPROYD � dif,W
/ ® C I Mike Fre an
W
aunty Attorney
liam . Garcia
Date of signature: 5- 2-1
2014-1389
PL2270
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EXPEDITION WATER SOLUTIONS
USR14-0003
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0003, is
for Oil and Gas Support and Service Facility (a disposal site for oil and gas production
waste, including a Class II injection well and water recycling facility with the capabilities
of recycling the water for use in the Oilfield Industry and to wash out tanks) in the
A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on-site employees shall be commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
4. The hours of operation are 24 hours a day, seven (7) days a week, as stated by the
applicant(s).
5. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
6. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
7. 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.
8. 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
(WCPHE) and the Colorado Department of Public Health and Environment (CDPHE), by
March first of each year.
9. All liquid wastes received at the facility shall be unloaded on the unloading pad. The
unloading/loading pad leak detection system shall be constructed and operated in
accordance with the approved design. The concrete unloading pad shall be cleaned at a
frequency that prevents oils and other wastes from building up on the pad. During winter
months, the facility shall maintain the unloading pad free of ice.
10. Analytical data on wastes and environmental monitoring data shall be made available to
the WCDPHE, which reserves the right to require additional, more extensive monitoring.
2014-1389
PL2270
DEVELOPMENT STANDARDS (USR14-0003) - EXPEDITION WATER SOLUTIONS
PAGE 2
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
12. Any contaminated soils on the facility shall be removed and disposed of in accordance
with applicable rules and regulations.
13. The facility shall comply with the approved Groundwater Monitoring Plan.
14. 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.
15. Adequate drinking water, hand washing, and toilet facilities shall be provided.
16. 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.
17. Any required Spill Prevention Control and Countermeasure (SPCC) Plan(s) shall be
prepared and maintained on the site per 40 CFR 112.
18. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with the approved Waste Handling
Plan, at all times.
19. 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.
20. 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.
21. 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.
22. 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.
23. The facility shall comply with the Colorado Air Quality Control Commission Regulations
and Air Permits, as stipulated by CDPHE.
2014-1389
PL2270
DEVELOPMENT STANDARDS (USR14-0003) - EXPEDITION WATER SOLUTIONS
PAGE 3
24. The applicant shall submit a Recycling Facility Annual Reporting Form for the previous
year to the CDPHE and WCDPHE.
25. 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.
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use 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.
27. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
28. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
29. 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.
30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
2014-1389
PL2270
DEVELOPMENT STANDARDS (USR14-0003) - EXPEDITION WATER SOLUTIONS
PAGE 4
33. 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.
34. 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.
2014-1389
PL2270
Hello