HomeMy WebLinkAbout20143675.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR14-0057
APPLICANT: NOBLE ENERGY INC
PLANNER: KIM OGLE
REQUEST: AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW PERMIT NO. USR12-0014, FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND
SERVICE(NON-COMMERCIAL CLASS II OILFIELD WASTE DISPOSAL FACILITY
- SALTWATER INJECTION FACILITY), TO INCLUDE THE ADDITION OF A
COMMERCIAL CLASS II OILFIELD WASTE DISPOSAL FACILITY-SALTWATER
INJECTION FACILITY,A WATER RECYCLING FACILITY,AND THE OPERATION
OF A LESS THAN 12 MONTH CLASS II OILFIELD WASTE DISPOSAL FACILITY-
SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX12-0031; PART NE4 SECTION 10, T7N, R64W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 84;WEST OF AND ADJACENT TO CR 57.
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,a Temporary 12 month Class II Brinewater Injection Well, a Water
Recycling Facility and associated facilities including a support office and a 20 foot
communication tower.
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.
Citing Section 23-3-40.A.2 that provides for a Site Specific Development Plan and an
Amended Special Review Permit of USR12-0014 for Mineral Resource Development
Facilities, Oil and Gas Support and Service, including Class II Oilfield Waste Disposal -
Saltwater Injection,and Water Recycling facilities,related equipment and structures 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, prairie an EXHIBIT
sparsely populated residential development and multiple oil and gas encu
RESOLUTION USR14-0057
NOBLE ENERGY INC
PAGE 2
are three property owners holding 3 parcels 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.
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.
The site is located within an area previously identified as property associated with the
Galeton Reservoir Project (Northern Irrigated Supply Project).
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 approximately 28 acres of lands described as "Other"
lands per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
Therefore no Prime Agricultural lands will be taken out of production.
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 Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
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
Health and Environment, if applicable.Alternately,the applicant may provide evidence from the
APCD that they are not subject to these requirements. Evidence of acceptance shall be
submitted, in writing, to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
RESOLUTION USR14-0057
NOBLE ENERGY INC
PAGE 3
B. The applicant shall submit a Groundwater Monitoring Plan, and the Groundwater Monitoring
Plan shall be approved by Department of Public Health and Environment
Evidence of such shall be submitted, it writing, to the Department of Planning Services.
(Department of Public Health and Environment)
C. The applicant must address the requirements of Colorado Division of Water Resources, as
stated in the referral response dated September 23,2014. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Colorado Division of Water
Resources)
D. An Improvements Agreement and Road Maintenance Agreement is required for this site.This
includes construction related traffic. Road maintenance including dust control,damage repair,
and triggers for improvements will be included. (Department of Planning Services-Engineer)
E. The Final Drainage Report shall be revised with an Engineer's Statement referencing the Weld
County Storm Drainage Criteria as well as submittal of a Certification of Compliance.
(Department of Planning Services-Engineer)
F. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0057(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map 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)
6. The approved Signage Plan. (Department of Planning Services)
7. Label the approved County accesses on the map with access permit number (AP14-
00472). (Department of Planning Services- Engineer)
8. The applicant shall label the approved water quality feature on the map as"Water Quality
Feature, No Build/Storage Area", and label the required volume. (Department of
Planning Services—Engineer)
9. The applicant shall indicate specifically on the plat the type of right-of-way/easement and
indicate whether it is dedicated, private, or deeded to provide adequate access to the
parcel. (Department of Planning Services- Engineer)
10. Show the approved non-exclusive license agreement on the Map and label it with the
recorded reception number and date(Reception No. 3398075,6/22/06). (Department of
Public Works)
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 map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
RESOLUTION USR14-0057
NOBLE ENERGY INC
PAGE 4
Code. The Mylar map 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 map
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 orArcGIS 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(a�co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. In the event that 1 or more acres are disturbed,the applicant shall obtain a
stormwater discharge permit from the Water Quality Control Division of the Colorado Department
of Public Health and Environment. (Department of Planning Services- Engineer)
6. Prior to the Release of Building Permits:
A. The applicant shall submit evidence of an APEN and Emissions Permit application from the Air
Pollution Control Division, Colorado Department of Health and Environment, if applicable.
Alternately,the applicant can provide evidence from the APCD that they are not subject to these
requirements. (Department of Public Health and Environment)
B. A Construction Storm Water Discharge Permit is required from the CDPHE for any person or
entity that may surface disturb, grade, construct, or excavate over one (1) acre of land. The
applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) permit from
CDPHE,Water Quality Control Division,to cover stormwater discharges from construction sites.
Alternately, the applicant can provide evidence that they are not subject to the CDPS
requirements. (Department of Public Health and Environment)
C. The facility shall post financial assurance with the COGCC. The financial assurance shall be
adequate to cover a third-party closure of the facility.including the plugging and abandonment of
the well, in accordance with industry standards, and the removal of all structures (including
concrete)on the facility. The site shall be returned to its original grade. The facility shall submit
evidence to Weld County Department of Public Health and Environment that the appropriate
financial assurance has been obtained. (Department of Public Health and Environment)
D. A Detailed Closure Plan shall be submitted to Weld County Department of Public Health and
Environment and the Colorado Oil and Gas Conservation Commission. The Closure Plan shall
include a description of the manner in which the well will be plugged and abandoned, as well as
specific details regarding reclamation of the property. No structures or equipment associated with
the facility shall remain on the property following closure. (Department of Public Health and
Environment)
E. Detailed Plans for a concrete unloading pad shall be submitted for acceptance.A leak detection
system shall be designed and installed beneath the concrete unloading pad(s)and sump(s). The
plans and engineered drawings will be stamped and signed by a Colorado Registered
Professional Engineer (PE). Plans shall be submitted to and accepted by Weld County
Department of Public Health and Environment. (Department of Public Health and Environment)
RESOLUTION USR14-0057
NOBLE ENERGY INC
PAGE 5
F. Detailed plans for the concrete secondary containment structure for all storage and processing
tanks shall be submitted for acceptance. Secondary containment volume shall provide
containment for the entire contents of the largest single tank plus sufficient freeboard to allow for
precipitation. The plans and engineered drawings will be stamped and signed by a Colorado
Registered PE. The Weld County Department of Public Health and Environment will consider
structures other than concrete, provided a Colorado Registered PE 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. Plans shall be
submitted to and accepted by Weld County Department of Public Health and Environment.
(Department of Public Health and Environment)
7. Prior to operation of the temporary facility:
A. The applicant shall submit evidence of an Air Pollution Emission Notice(APEN) and Emissions
Permit application from the Air Pollution Control Division, Colorado Department of Health and
Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that
they are not subject to these requirements. (Department of Public Health and Environment)
B. A detailed Engineered Design and Operations Plan (Operations Plan)shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment(WCDPHE). The Temporary Storage Facility shall comply with the Operations Plan
at all times during operation. The Operations Plan shall include the following:
1. Information and a description about constituent characterization(metals,semi-volatile organic
compounds, volatile organic compounds, radionuclides, chlorides) of the material (class II
waste) entering the facility.
2. Design and operation information including, site plan information, facility component
information / piping and instrumentation diagrams, (if required), a detailed description of
facility process operations and construction information.
3. Spill Prevention, Control and Countermeasure Plan (SPCC) and Facility Response Plan
(FRP). A Colorado registered PE certified and signed copy of the SPCC plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be provided to
WCDPHE prior to operation. The SPCC plan will include all storage tanks (including frac
tanks). If a PE makes a determination that the facility does not require an FRP as described
in 40 CFR 112, the applicant will provide rationale and supporting documentation for such
determination.
4. Engineered drawings showing secondary containment, unloading pad, piping, and leak
detection systems. The engineered drawings will be stamped and signed by a PE.
Documentation of unloading pad and secondary containment for all storage and treatment
tanks will be provided. Secondary containment and unloading pads shall be accepted by
WCDPHE. Documentation of acceptance will be provided to the Weld County Department of
Planning from WCDPHE. The secondary containment and unloading pad design shall
demonstrate how all spilled waste and stormwater will be contained within the containment or
receiving area. A leak detection system shall be designed and installed beneath all unloading
pad(s)and associated sump(s).A PE will certify that secondary containment and unloading
pads shall be lined and sufficiently impermeable, such that the maximum permeability is
1x10-6 cm/sec. Note, this has been previously accomplished with coated/sealed concrete
(pad and wall including pad beneath tanks). Suitability of liner material, construction
(including quality assurance/quality control),and suitability of subgrade information should be
demonstrated.Containment volume shall be of sufficient capacity to contain the volume of the
largest single tank including sufficient freeboard for precipitation. Calculations should be
included demonstrating the amount of freeboard is sufficient.
RESOLUTION USR14-0057
NOBLE ENERGY INC
PAGE 6
5. Closure Plan. The closure plan should describe the closure process for the Temporary
Facility including process for removing waste and equipment from the site. (Department of
Public Health and Environment)
8. One month prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District.The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
B. A PE certified and signed copy of the Spill Prevention, Control and Countermeasure Plan,
prepared in accordance with the applicable provisions of 40 CFR, Part 112 shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health and
Environment. (Department of Public Health and Environment)
9. One month prior to the operation of the Recycling Facility:
A. The applicant shall provide evidence of a Recycling Facility Registration and a CDPHE-approved
design and operations plan. (Department of Public Health and Environment)
10. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Building Inspection)
B. The applicant shall submit written evidence of a commercial well to the Department of Public
Health and Environment. (Department of Public Health and Environment)
11. Within one month of construction completion:
A. The applicant shall submit documentation to the Weld County Department of Public Health and
Environment that the facility was constructed in accordance with the application materials.
(Department of Public Health and Environment)
12. The Use by Special Review activity shall not occur,nor shall any grading,building or electrical permits
be issued on the property, until the Use by Special Review map 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)
Motion seconded by Joyce Smock.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
RESOLUTION USR14-0057
NOBLE ENERGY INC
PAGE 7
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 November 4, 2014.
Dated the 4`h of Novmeber, 2014.
Digitally signed by Kristine
Ranslem
Date:2014.11.07 12:01:41 -07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Noble Energy Incorporated
USR14-0057
1. An Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR12-
0014, for Mineral Resource Development Facilities, including Oil and Gas Support and Service(Non-
Commercial Class II Oilfield Waste Disposal Facility-Saltwater Injection Facility),to include the addition
of a Commercial Class II Oilfield Waste Disposal Facility-Saltwater Injection Facility,a Water Recycling
Facility, and the operation of a temporary Class II Oilfield Waste Disposal Facility-Saltwater Injection
Facility, and associated infrastructure for a period of six(6)months)in the A(Agricultural)Zone District
[Cummins Central Water Processing Facility], 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 operation of a temporary Class II Oilfield Waste Disposal Facility-Saltwater Injection Facility,and
associated infrastructure will be permitted for a period of six(6)months per County policy.The operator
of the facility shall provide in writing when the facility will commence operations.At the end of this six
month operational period the temporary facility shall be dismantled, removed. And site reclaimed.
(Department of Planning Services)
4. Upon commencement of operations at the facility,the property owner or operator shall provide evidence
of an Emergency Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency Management to the
Department of Planning Services. (Department of Planning Services)
5. The hours of operation are 24 hours a day seven days a week, as stated by the applicant(s).
(Department of Planning Services)
6. The hours of operation for trucks entering the facility are 7:00 AM to 10:00 PM, seven days a week, as
stated by the applicant(s). (Department of Planning Services)
7. The number of employees working on premises will be up to 18 persons,with up to 6 persons working
each 8-hour shift, as stated by the applicant(s). (Department of Planning Services)
8. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.(Department
of Planning Services)
9. No disposal of waste, other than Class II,as currently defined by the Environmental Protection Agency,
is permitted. Any changes from the approved Class II use will require an amendment to this Use by
Special Review Permit. (Department of Public Health and Environment)
10. 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 unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building up
on the pad. During winter months, snow and ice will be removed from the unloading pad in a timely
manner. (Department of Public Health and Environment)
11. Analytical waste data and environmental monitoring data shall be made available to Weld County
Department of Health and Environment upon request. The Weld County Department of Health and
Environment reserves the right to require additional monitoring. (Department of Public Health and
Environment)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
RESOLUTION USR14-0057
NOBLE ENERGY INC
PAGE 9
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
14. Any contaminated soils on the facility shall be removed and disposed of in accordance with applicable
rules and regulations.All spills will be documented and records will be kept onsite for WCDPHE review
upon request.All spills will be reported to local, state and federal agencies in accordance with all state
and federal regulations. (Department of Public Health and Environment)
15. The facility shall comply with the approved Groundwater Monitoring Plan. (Department of Public Health
and Environment)
16. All stormwater,which has come into contact with waste materials on the site, shall be confined on the
site. In the event the storm water is not adequately controlled on the site, upon written notification from
the WCDPHE or CDPHE, a comprehensive site-wide Stormwater Plan shall be developed and
implemented. The plan must be approved, in writing by the WCDPHE or CDPHE, prior to
implementation. (Department of Public Health and Environment)
17. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,fugitive
particulate emissions,blowing debris,and other potential nuisance conditions. The facility shall operate
in accordance with the approved"waste handling plan", at all times. (Department of Public Health and
Environment)
18. Should recycling occur at the facility,the facility shall operate in accordance with their CDPHE-approved
design and operations plan. Upon commencement of recycling operations at the facility, a copy of the
annual Recycling Facility Annual Reporting Form shall be submitted to WCDPHE by March 1 of each
year. (Department of Public Health and Environment)
19. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall operate
in accordance with the approved"dust abatement plan", at all times. (Department of Public Health and
Environment)
20. 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, or with all applicable State noise statutes
and/or regulations. (Department of Public Health and Environment)
21. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. During construction and as employees or contractors are on site for less than 2
consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
22. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems. (Department of Public Health and Environment)
23. No vehicle, equipment, or temporary tank (including frac tank) washing/cleaning will occur onsite.
(Department of Public Health and Environment)
24. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAPs) and volatile
organic compounds(VOCs).All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
RESOLUTION USR14-0057
NOBLE ENERGY INC
PAGE 10
25. A current PE certified and signed copy Spill Prevention, Control and Countermeasure Plan shall be
available on site, at all times. (Department of Public Health and Environment)
26. The operation shall comply with all Colorado Oil and Gas Conservation Commission rules and
regulations. (Department of Public Health and Environment)
27. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
28. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct,nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused
with, or construed as, traffic control devices. (Department of Planning Services)
29. The lighting on the site shall be maintained in accordance with the approved Lighting Plans.
(Department of Planning Services)
30. 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 Planning Services-Engineer)
31. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services- Engineer)
32. Weld County is not responsible for the maintenance of onsite drainage related features.(Department of
Planning Services- Engineer)
33. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
34. 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 Site-specific Engineering Report shall be required,or an
Open Hole Inspection shall be performed by a Colorado registered engineer/architect. (Department of
Building Inspection)
35. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
36. 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.
37. 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.
38. 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.
RESOLUTION USR14-0057
NOBLE ENERGY INC
PAGE 11
39. WELD COUNTY'S RIGHT TO FARM:Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views,spaciousness,wildlife,lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement,silage and manure;smoke from ditch burning;flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields,including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S.,provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand(4,000)square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of the
County, and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important,not only for their safety,
but also for the protection of the farmer's livelihood.
U UT
Commissioner Jemiola said that he serves with Ms. Cozad on the Milliken Town Board of Trustees. He
also donated to her campaign but did not discuss this case and feels that he can be fair and impartial.
Commissioner Wailes and Maxey both stated that they have relationships with Ms. Cozad as well but
believe they can be fair and impartial in this case.
Wayne Howard, Engineering, 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.
Julie Cozad, Tetra Tech, 1900 South Sunset Street, Suite 1-E, Longmont, Colorado, stated that the
Plains Transload Facility connects through a pipeline up to the Rose Rock facility, which is a truck
unloading and storage facility. That facility is then connected through the Wattenberg Pipeline up to
Wells Ranch, which is a central processing facility, and then onto the Briggsdale Facility (truck unloading
and central processing facility) and then continues up to the Keota Gas Plant and then over to the East
Pony Facility. The East Pony site will be used as a central processing facility. She added that there will
be security fencing and six (6) full time employees on site. Ms. Cozad outlined the improvements to the
Wattenberg Holding's facility. Ms. Cozad said that they don't anticipate having the truck unloading
component since they intend to have it piped in; however it is included on the plan if the pipeline is over
capacity or outlying wells in close proximity.
Commissioner Sparrow asked the applicants to explain how the ponds will be filled. Greg Pickerel, Noble
Energy, 2115 117th Avenue, Greeley, stated that the ponds will be filled from non-tributary wells that
Noble Energy has drilled in Timmerman Ranch. He added that they are also purchasing water from
Grover and traveling via pipeline to the facility.
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 USR14-0050 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 Jordan Jemiola, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
The Chair called a recess at 3:35 pm and reconvened the hearing at 3:46 pm.
CASE NUMBER: USR14-0057
APPLICANT: NOBLE ENERGY INC
PLANNER: KIM OGLE
REQUEST: AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW PERMIT NO. USR12-0014, FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND
SERVICE (NON-COMMERCIAL CLASS II OILFIELD WASTE DISPOSAL
FACILITY-SALTWATER INJECTION FACILITY),TO INCLUDE THE ADDITION
OF A COMMERCIAL CLASS II OILFIELD WASTE DISPOSAL FACILITY -
SALTWATER INJECTION FACILITY, A WATER RECYCLING FACILITY, AND
THE OPERATION OF A LESS THAN 12 MONTH CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX12-0031; PART NE4 SECTION 10, T7N, R64W OF
THE 6TH P.M.,WELD COUNTY. COLORADO.
EXHIBIT
LOCATION: SOUTH OF AND ADJACENT TO CR 84; WEST OF AND ADJACENT TO CR
57.
Kim Ogle, Planning Services, presented Case USR14-0057, 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.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Commissioner Johnson said that he believes this site is located in the Galeton Reservoir of the Northern
Colorado Integrated Water Supply Project (NISP). He added that he didn't see them as a referral agency.
Commissioner Maxey said that NISP is not a referral agency for the County so there is no one to receive
it.
Heather Barbare, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Pam Hora, Tetra Tech, 1900 South Sunset Street, Longmont, Colorado stated that this site was approved
previously in 2012 as the Cummins Field Injection Facility. This proposed amendment is now referred to
as the Cummins Central Water Processing Facility.
Ms. Hora stated that the amendment is to add a water recycling facility, permit it as a commercial facility,
allow for some trucking of water to the facility and allow for construction of a temporary facility. It will take
one ( 1 ) year to complete construction of this facility; therefore they are requesting to utilize this as a
temporary facility used by up to 30 trucks. 150 trucks will be the maximum number at full build out. It is
anticipated that the times this traffic will be prior to pipeline construction and in emergency repair of the
pipeline.
Ms. Hora requested to amend Condition of Approval 7. B.4 by removing the language "piping" because
when doing the engineered drawings for the temporary facility the actual piping does not get included into
those drawings. Additionally, she requested amending Development Standards 1 and 3 to reflect the
temporary facility.
Boyd McMaster, Noble Energy, said that when they saw the condition of six months they considered
whether they would be able to execute that with timing of obtaining the appropriate permits by the County
and State. After further review they are not able to complete that timeline and are requesting to operate
this as a temporary facility.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
Motion: Amend Condition of Approval 7. B.4 by removing the word "piping", Moved by Benjamin
Hansford, Seconded by Bruce Sparrow. Motion carried unanimously.
The Chair asked Mr. Ogle for his thoughts on the request of including the temporary facility under
Development Standards 1 and 3. Mr. Ogle requested that it be deferred to the Board of County
Commissioners as they have had a work session and determined that a temporary facility is 6 months.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion : Forward Case USR14-0057 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 Jordan Jemiola, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Benjamin Hansford , Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock.
Michael Wailes. Nick Berryman, Terry Cross.
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