HomeMy WebLinkAbout20141391.tiff LAND USE APPLICATION
SUMMARY SHEET
14
Planner: C. Gathman Hearing Date: April 15, 2014
Case Number: USR14-0003
Applicant: Expedition Water Solutions—Jim Goddard
Request: A Site Specific Development Plan and Use by Special Review Permit 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.
Legal Part of E2 and the NW4 of Section 26, T8N, R60W of the 6th P.M., Weld County, CO
Description:
Location: South of and adjacent to State Highway 14 and east of and adjacent to County Road 105.
Size of Parcel: +/- 470.4 acres Parcel No.054126400004
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Public Works, referral dated February 12, 2014
➢ Weld County Department of Building Inspection, referral dated February 25, 2014
➢ Weld County Department of Public Health and Environment, referral dated March 11, 2014
➢ Colorado Division of Water Resources, referral dated February 20, 2014
➢ Colorado Department of Transportation, electronic mail referral dated January 23, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
v Weld County Zoning Compliance, referral dated January 30, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
Office of Emergency Management
➢ Weld County Sheriff's Office
Briggsdale Fire Protection District
Colorado Parks &Wildlife
➢ Greeley Soil Conservation District
➢ Colorado Oil and Gas Conservation Commission
USR14-0003, Expedition Water Resources, Page 1 of 12
I r SPECIAL REVIEW PERMIT
I' ADMINISTRATIVE REVIEW
. U
N"v -/
Planner: C. Gathman Hearing Date: April 15, 2014
Case Number: USR14-0003
Applicant: Expedition Water Solutions—Jim Goddard
Request: A Site Specific Development Plan and Use by Special Review Permit 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.
Legal Part of E2 and the NW4 of Section 26, T8N, R60W of the 6th P.M., Weld County, CO
Description:
Location: South of and adjacent to State Highway 14 and east of and adjacent to County Road
105.
Size of Parcel: +1- 470.4 acres Parcel No. 054126400004
Case Summary:
The applicant is proposing a Class II Injection Well along with water recycling capabilities. The recycled
water would be used to wash out frac tanks and tanker trucks. The application indicates that up to 130
trucks a day would visit the site. The site will be open 24 hours a day, 7 days a week.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 G.2 A.Policy 7.2 of the Weld County Code states:" Conversion of
agricultural land to nonurban residential, commercial and industrial uses should be
accommodated when the subject site is in an area that can support such development,
and should attempt to be compatible with the region."
Section 22-2-20 1.2 A.Policy 9.2 of the Weld County Code 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."
USR14-0003, Expedition Water Resources, Page 2 of 12
Section 22-4-30 WA.Goal 1. States: "Support the development of water that is put to
beneficial use, along with associated infrastructure."
Section 22-4-140 B. EP.Goal 2. of the Weld County Code states: "Mineral resource
exploration and production waste facilities should be planned, located, designed and
operated to encourage compatibility with surrounding land uses in terms of items such as
general use, scale, height, traffic, dust, noise and visual pollution."
The site is located in a sparsely populated rural area.
Section 22-4-140 B. 1. EP.Policy 2.1 of the Weld County Code states: "In reviewing the
operational and reclamation plans for solid and brine waste disposal facilities, the County
should impose such conditions as necessary to minimize or eliminate the potential
adverse impact of the operation on surrounding properties and wildlife resources."
The site is in a rural agricultural area. Development Standards and Conditions of
Approval (on site lighting is required to be shielded and downcast and a noise limit
development standard is attached) are proposed to ensure compatibility with the
surrounding area.
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 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 23-2-220.A.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. Development standards and conditions of
approval (on site lighting is required to be shielded and downcast and a noise limit
development standard are attached) are proposed to ensure compatibility with the
surrounding area.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is not located within a three (3) mile referral area of any municipality, nor is it
located within any existing Intergovernmental Agreement Area (IGA)of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
USR14-0003, Expedition Water Resources, Page 3 of 12
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on 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 6 acres of the existing
parcel.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. 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. (Department of Environmental Health)
B. 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 Health and Environment, if applicable. (Department of Environmental Health)
C. 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 Environmental Health)
D. 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
Environmental Health)
E. The applicant shall submit a noise abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
(Department of Environmental Health)
F. 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. 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.
USR14-0003, Expedition Water Resources, Page 4 of 12
3. The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Environmental Health)
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, 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. (Department of Environmental Health)
G. The applicant shall provide evidence of a Recycling Facility Registration and a CDPHE-
approved design and operations plan. (Department of Environmental Health)
H. The applicant shall provide a copy of an approved well permit from the Colorado Division of
Water Resources for the proposed facility. (Colorado Division of Water Resources)
I. 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.
(Department of Planning Services)
J. 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." (Department of Planning
Services)
K. 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.
(Department of Planning Services)
L. The applicant shall address the requirements of the Colorado Department of Transportation
as stated in the e-mail dated January 23, 2014. (Colorado Department of Transportation)
M. An Improvements Agreement and road maintenance agreement is required for this site.
Road maintenance including dust control, damage repair, intersection upgrades and future
improvement triggers for turn lanes (haul route) will be included. Collateral is required to
ensure the improvements are made. (Department of Public Works)
N. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0003 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate 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. (Department of Planning Services)
5. The approved Lighting Plan. (Department of Planning Services)
USR14-0003, Expedition Water Resources, Page 5 of 12
6. The approved Signage Plan, if applicable. (Department of Planning Services)
7. County Road 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-foot of right-of-way parallel to the CR 105 right-of-way for future build-
out. 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. (Department of
Public Works)
8. Show the approved access on the plat and label with the approved access permit
number (AP14-00005). (Department of Public Works)
9. The Colorado Department of Transportation (CDOT) has jurisdiction over all
accesses to state highways. Show the approved CDOT accesses on the plat and
label with access permit number if applicable. (Department of Public Works)
10. Right-of-way for State Highway 14 shall be indicated on the plat. (Department of
Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper
copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. 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 shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. 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. 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. (Department of Planning Services)
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 mapsco.weld.co.us. (Department of Planning Services)
5. Prior to 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
Environmental Health)
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
USR14-0003, Expedition Water Resources, Page 6 of 12
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
Environmental Health)
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. (Department of Environmental Health)
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. (Department of Environmental Health)
E. The applicant shall submit documentation to the Weld County Department of Public Health
and Environment and the Colorado Oil and Gas Conservation Commission that the facility
was constructed in accordance with the application materials. (Department of Environmental
Health)
F. 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. (Department of
Environmental Health)
G. 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 Environmental Health)
H. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Public Works)
6. One month prior to Operation:
A. 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 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 Environmental Health)
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)
USR14-0003, Expedition Water Resources, Page 7 of 12
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. (Department of Planning Services)
USR14-0003, Expedition Water Resources, Page 8 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Expedition Water Resources
USR14-0003
1. A Site Specific Development Plan and Use by Special Review Permit 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 water for use in the oilfield industry
and to wash out tanks) in the A(Agricultural)Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The 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. (Department of Planning
Services)
4. The hours of operation are 24 Hours a day/7 days a week, as stated by the applicant(s).
(Department of Planning Services)
5. The signage on the site shall be maintained in accordance with the approved Signage Plan.
(Department of Planning Services)
6. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
(Department of Planning Services)
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. (Department of Environmental Health)
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. (Department of Environmental
Health)
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. (Department of Environmental Health)
10. Analytical data on wastes and environmental monitoring data shall be made available to the Weld
County Department of Public Health and Environment (WCDPHE), which reserves the right to
require additional, more extensive monitoring. (Department of Environmental Health)
11. 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 Environmental Health)
12. Any contaminated soils on the facility shall be removed and disposed of in accordance with
applicable rules and regulations. (Department of Environmental Health)
USR14-0003, Expedition Water Resources, Page 9 of 12
13. The facility shall comply with the approved Groundwater Monitoring Plan. (Department of
Environmental Health)
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. (Department of Environmental Health)
15. Adequate drinking water, hand washing, and toilet facilities shall be provided. (Department of
Environmental Health)
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. (Department of Environmental Health)
17. Any required Spill Prevention Control and Countermeasure (SPCC) Plan(s)shall be prepared and
maintained on the site per 40 CFR 112. (Department of Environmental Health)
18. 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
Environmental Health)
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.
(Department of Environmental Health)
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. (Department of
Environmental Health)
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. (Department of Environmental Health)
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. (Department of Environmental Health)
23. 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
Environmental Health)
24. The applicant shall submit a Recycling Facility Annual Reporting Form for the previous year to the
CDPHE and WCDPHE. (Department of Environmental Health)
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.
(Department of Environmental Health)
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
USR14-0003, Expedition Water Resources, Page 10 of 12
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
27. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
28. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
29. Building permits maybe required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2011 National Electrical Code; A building permit application must be completed and two
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
registered State of Colorado engineer shall be required or an open hole inspection. (Department
of Building 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.
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. 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.,
USR14-0003, Expedition Water Resources, Page 11 of 12
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.
USR14-0003, Expedition Water Resources, Page 12 of 12
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
C v i FAX: (970)304-6498
r
March 11, 2014
GODDARD JIM
PO BOX 336597
GREELEY, CO 80633
Subject: USR14-0003 -A Site Specific Development Plan and Use by Special Review Permit 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) in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PT E2/NW4 SECTION 26, T8N, R60W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 15, 2014, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 7, 2014 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Feason:I am the author of this document
G Date:2014.03.1115:31:17-06'00'
Chris Gathman
Planner
N DEPARTMENT OF PLANNING SERVICES
i i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
�� E-MAIL: cgathman@co.weld.co.us
iri_ �j, PHONE: (970)353-6100, Ext. 3537
S' ? FAX: (970)304-6498
January 29, 2014
GODDARD JIM
PO BOX 336597
GREELEY, CO 80633
Subject: USR14-0003 -A Site Specific Development Plan and Use by Special Review Permit 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) in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PT E2/NW4 SECTION 26, T8N, R60W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
/ _ Digitally n :molt igned
uthorine Ranslem
doc
�,1'�(/hn, mason:lamtheauthorofthisdocument
" Date:2014.01.2909:4925-07'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 4/15/2014
APPLICANT: Expedition Water Solutions—Jim Goddard
CASE #: USR14-0003
REQUEST: A Site Specific Development Plan and Use by Special Review Permit 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.
LEGAL: Part of E2 and the NW4 of Section 26, T8N, R60W of the 6th P.M., Weld County, CO
LOCATION: South of and adjacent to State Highway 14 and east of and adjacent to County Road
105.
PARCEL ID #s: 054126400004
ACRES: H-470.4 acres
Zoning Land Use
N A N Dryland
E A E Dryland
S A S Dryland
W A W Dryland
COMMENTS:
To be located on a vacant rural parcel.
Chris Gathman - Planner III
Hello