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Home My WebLink About20140985.tiff EXHIBIT 51 . 3- BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jason Maxey,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: USR13-0017 APPLICANT: KONIG LAND&CATTLE LLC AND LOYD FARMS, C/O EOG RESOURCES PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT 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. LEGAL DESCRIPTION: 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. LOCATION: SOUTH OF CR 136,WEST OF CR 77. 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 22-4-140.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, 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 23-2-220.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 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, electronic mail from adjacent or surrounding property owners or interested persons. Development Standards and Conditions of Approval will ensure that this use will be compatible with surrounding land uses. 0301*-043 RESOLUTION USR13-0017 KONIG LAND&CATTLE LLC AND LOYD FARMS,C/O EOG RESOURCES PAGE 2 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 three miles of a municipality however it is located within three miles of Laramie County Wyoming,who has not returned a referral response. 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. Building Permits issued on the proposed lots,will be required to adhere to the fee structure of 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 tank farm site as High Potential Dryland, Prime if Irrigated and on the Salt Water Disposal Site, as "Other Lands." 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 Map: A. The plat shall be amended to delineate the following: 1. All sheets of the USR Map shall be labeled USR13-0017. (Department of Planning Services) 2. The USR map 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 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 build out.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 cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 5. County Road 77 is designated on the Weld County Road Classification Plan as an Arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the RESOLUTION USR13-0017 KONIG LAND&CATTLE LLC AND LOYD FARMS, C/O EOG RESOURCES PAGE 3 plat as future County Road 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. (Department of Public Works) 6. The applicant shall indicate specifically 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). (Department of Public Works) 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 will be required to prevent tracking of material from your site in the way of mud or debris on to 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. (Department of Public Works) 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 USR Plat. (Department of Planning Services) B. The applicant has supplied a Field-Wide Storm Water Management Plan. BMP's will be instilled throughout the entire permit area to manage storm water runoff. The applicant will still 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. (Department of Public Works) C. Weld County Public Works is asking applicant to enter into an Improvements Agreement and post collateral for all off-site improvements. (CR 136/77-71;Truck Haul Route)(Department of Public Works) 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. (Department of Public Health and Environment) E. A Ground Water Monitoring Plan shall be submitted to the Weld County Health 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. (Department of Public Health and Environment) F. If appropriate,a Storm Water 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. (Department of Public Health and Environment) G. The applicant must address the requirements(concerns)of Building Inspection Department, as stated in the referral response dated May 6, 2013. (Building Inspection) RESOLUTION USR13-0017 KONIG LAND&CATTLE LLC AND LOYD FARMS,C/O EOG RESOURCES PAGE 4 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. (Department of Environmental Health) 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. 3. The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Environmental Health) J. The applicant shall submit two(2)paper copies of the plat or one electronic copy 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,Arcinfo 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 mapsaco.weld.co.us. (Department of Planning Services) 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. 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 Profession 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. (Department of Public Health and Environment) RESOLUTION USR13-0017 KONIG LAND&CATTLE LLC AND LOYD FARMS,C/O EOG RESOURCES PAGE 5 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 seems will be sealed to prevent leakage 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) C. APE 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. (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. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) Motion seconded by Nick Berryman. VOTE: For Passage Against Passage Absent Benjamin Hansford Bret Elliott Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Mark Lawley Michael Wailes Nick Berryman RESOLUTION USR13-0017 KONIG LAND&CATTLE LLC AND LOYD FARMS, C/O EOG RESOURCES PAGE 6 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 March 4, 2014. Dated the 4th of March, 2014. Digitally signed by Kristine \llanslem Date:2014.03.10 09:27:16-06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS EOG Resources, Inc. USR13-0017 1. The Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities, including an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility-Saltwater Injection Facility and associated facilities)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. The facility shall be constructed and operated to ensure that contamination of soil and ground water does not occur. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 6, Spi-11--Prevvention Control and Countcrm asures Plan (SPCC) shall be prepared and maintained on site pr 40 CFR 112. (Department of Public Health and Environment) 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 8. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 9. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air permits issued by the CDPHE Air Pollution Control Division.(Department of Public Health and Environment) 10. Analytical data on wastes and environmental monitoring data shall be made available to WCDPHE, who reserves the right to require additional more extensive monitoring. (Department of Public Health and Environment) 11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment) 12. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. (Department of Public Health and Environment) 13. The facility shall comply with the approved groundwater monitoring plan. (Department of Public Health and Environment) RESOLUTION USR13-0017 KONIG LAND&CATTLE LLC AND LOYD FARMS,C/O EOG RESOURCES PAGE 8 14. All storm water, which has come into contact with waste materials on the site, shall be confined on the site. (Department of Public Health and Environment) 15. Portable toilets may be utilized and shall be maintained in a sanitary condition. (Department of Public Health and Environment) 16. A P.E. certified and signed copy of the Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health and Environment) 17. The operation shall comply with all applicable rules and regulations of the Colorado Oil& Gas Conservation Commission, other State and Federal agencies, and the Weld County Code. (Department of Public Health and Environment) 18. Weld County shall not be responsible for the maintenance of onsite drainage related facilities. (Department of Public Works) 19. The trucks that access the site will be 18-wheeler non-commercial water haulers. There will be 1-30 water trucks that will come up to the site on a daily basis. In addition,one employee will be visiting the site in a pickup truck each day. (Department of Public Works) 20. 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) 21. 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. (Department of Planning Services) 22. 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) 23. Hours of operation are twenty-four(24)hours each day,seven(7)days per week—365 days per year. (Department of Planning Services) 24. 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) 25. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-wide Road Impact Program. (Department of Planning Services) 26. Building Permits issued on the proposed lots,will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services) RESOLUTION USR13-0017 KONIG LAND&CATTLE LLC AND LOYD FARMS, C/O EOG RESOURCES PAGE 9 27. 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) 28. 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) 29. 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) 30. The 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) 31. 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) 32. 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. RESOLUTION USR13-0017 KONIG LAND&CATTLE LLC AND LOYD FARMS, C/O EOG RESOURCES PAGE 10 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. p6minuico telecommunication tower. After construction there will be 1 water truck per week and 1 oil truck per month and 2-3 vehicles per day. Mr. Dennison said that they did have a public meeting with surrounding property owners and understood their concerns. He said that they will adjust the times of the route and will control speed limits. Additionally, Bill Barrett hired Noise Solutions, Incorporated to recommend control measures. This site will be remotely monitored and controlled from the Bill Barrett Corporation in the Greeley and Denver offices. 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 the applicant if they have read through the 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 USR13-0067 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Joyce Smock, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary:Yes=6). Yes: Bruce Sparrow, Jason Maxey, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. CASE NUMBER: USR13-0017 APPLICANT: KONIG LAND&CATTLE LLC AND LOYD FARMS,C/O EOG RESOURCES PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT 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. LEGAL DESCRIPTION: 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. LOCATION: SOUTH OF CR 136,WEST OF CR 77. Kim Ogle, Planning Services, presented Case USR13-0017, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Smock noted that she performed a site visit at this location today. Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on- site dust control, and the Waste Handling Plan. Paul Donally, EOG Resources, 600 17th Street, Suite 1000, Denver, stated that there will be 4 truck off- load areas and a pump control room in an enclosed building. EOG Resources is ramping up their activity in this area and added that they want to be truck neutral; therefore there will be an eventual pipeline to this site. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Ms. Barbare recommended deleting Development Standard 6 as it is a duplicate. Motion: Delete Development Standard 6 and renumber accordingly, Motion by Nick Berryman, Seconded by Bruce Sparrow. Motion carried unanimously. EXHIBIT J� tmki -4,i bi01 q-©Rt5 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 USR13-0017 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 Jason Maxey, Seconded by Nick Berryman. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bruce Sparrow, Jason Maxey, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman. 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 4:38 pm. Respectfully submitted, Kristine Ranslem Secretary 9 Hello