HomeMy WebLinkAbout20143676.tiff SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
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Planner: Kim Ogle Hearing Date: November 4, 2014
Case Number: USR14-0057
Applicant: Noble Energy, Inc.
Address: 1625 Broadway, Suite 2200, Denver, Colorado 80202
Representative: Patrick Schauer, Noble Energy, Inc.
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 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]
Legal Lot A RECX12-0031 being part of E2NE4 of Section 10, T7N, R64W of the 6th P.M.,
Description: Weld County, CO
Location: South of and adjacent to County Road 84 Section Line; West of and adjacent to County
Road 57 Section Line
Size of Parcel: +/- 27.9 acres Parcel No. 0711-10-0-00-011
Case Summary:
In 2012, Noble Energy, Inc. obtained approval of a produced water injection facility known as Cummins
Field Injection Facility (USR12-0014). USR12-1014 is currently permitted to allow for a single injection
well that will accept produced water via pipeline.
To date no portion of the Cummins Field Injection Facility has yet been developed and Noble Energy
seeks to amend their existing USR permit to expand the uses at the site to include facilities to recycle
produced water and to allow the facility to function as a commercial facility. The facility was originally
permitted as an unmanned facility that would receive only Noble Energy's produced water via pipeline for
injection into a Class II disposal well. Noble Energy's need for produced water disposal has increased
and their long-term plans for handling produced water have changed to include a strong focus on
recycling produced and flowback water. This recycle operation includes storage for both untreated and
treated produced water.
Noble also requests approval to construct temporary unloading equipment so that they may begin to
operate as soon as the USR amendment is approved. This would allow Noble to remove up to 30 trucks
from the County Roads up to six (6) months prior to the full construction of the facility is completed. This
site is not located in a Special Flood Hazard Area.
USR14-0057--Noble Energy, Inc„ Page 1 of 13
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 22-4-140.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 and rangelands
with sparsely populated residential development and multiple oil and gas encumbrances.
There 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.
USR14-0057--Noble Energy, Inc„ Page 2 of 13
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 Department of Planning Services' staff 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)
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 (concerns) 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. The applicant shall submit written evidence of a commercial well to the Department of
Public Health and Environment. (Department of Public Health and Environment)
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E. 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)
F. The applicant shall submit a Landscape/Screening Plan to the Department of Planning
Services for review and approval. All parking areas shall be screened from adjacent
properties and public rights of way. (Department of Planning Services)
G. 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)
H. 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)
I. 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 Landscape/Screening Plan. (Department of Planning Services)
6. The approved Lighting Plan. (Department of Planning Services)
7. The approved Signage Plan. (Department of Planning Services)
8. Label the approved County accesses on the map with access permit number (AP14-
00472). (Department of Planning Services - Engineer)
9. 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)
10. County Road 80 is designated on the Weld County Road Classification Plan as a
local road, which requires 60 feet of right-of-way at full buildout. The applicant shall
verify and delineate on the map 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 Planning Services -
Engineer)
USR14-0057--Noble Energy, Inc„ Page 4 of 13
11. County Road 55 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full buildout. The applicant
shall verify and delineate on the map 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 Planning
Services - Engineer)
12. 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)
13. 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 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 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 mapsaco.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)
USR14-0057--Noble Energy, Inc„ Page 5 of 13
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)
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. Operation information including, but not limited to, site plan information, facility
component information/piping and instrumentation diagrams, facility process/operations
information, and construction information.
USR14-0057--Noble Energy, Inc„ Page 6 of 13
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.
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)
C. 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)
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
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to the Weld County Individual Sewage Disposal Regulations. (Department of Building
Inspection)
11. 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 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)
USR14-0057--Noble Energy, Inc„ Page 8 of 13
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. 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 Brinewater Disposal employees working on premises will be 18 persons, with 6
persons working each 8-hour shift, as stated by the applicant(s). (Department of Planning Services)
8. The property owner or operator shall provide written evidence of an approved Emergency Action
and Safety Plan on or before March 15`" 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)
9. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
(Department of Planning Services)
10. The landscape/screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
11. 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)
12. 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
USR14-0057--Noble Energy, Inc„ Page 9 of 13
other wastes from building up on the pad. During winter months, the facility shall maintain the
unlading pad free of ice. (Department of Public Health and Environment)
13. 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)
14. 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)
15. 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)
16. 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)
17. The facility shall comply with the approved Groundwater Monitoring Plan. (Department of Public
Health and Environment)
18. 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)
19. 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)
20. Should recycling occur at the facility, the facility shall operate in accordance with their CDPHE-
approved design and operations plan. 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)
21. 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)
22. 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)
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. 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
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cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health
and Environment)
24. 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)
25. No vehicle, equipment, or temporary tank (including frac tank) washing/cleaning will occur onsite.
(Department of Public Health and Environment)
26. 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)
27. 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)
28. The operation shall comply with all Colorado Oil and Gas Conservation Commission rules and
regulations. (Department of Public Health and Environment)
29. 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)
30. 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)
31. The screening/landscaping/lighting on the site shall be maintained in accordance with the approved
Screening/Landscape/Lighting Plans. (Department of Planning Services)
32. 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)
33. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services- Engineer)
34. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services- Engineer)
35. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
36. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2011 National Electrical Code. A Building Permit Application must be completed and
two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect
or engineer must be submitted for review. A Geotechnical Engineering Report performed by a
Colorado registered engineer shall be required or an Open Hole Inspection. (Department of
Building Inspection)
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37. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
38. 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.
39. 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.
40. 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.
41. 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,
USR14-0057--Noble Energy, Inc„ Page 12 of 13
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.
USR14-0057--Noble Energy, Inc,, Page 13 of 13
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
� c9,'v
Planner: Kim Ogle Hearing Date: November 4, 2014
Case Number: USR14-0057
Applicant: Noble Energy, Inc.
Address: 1625 Broadway, Suite 2200, Denver, Colorado 80202
Representative: Patrick Schauer, Noble Energy, Inc.
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 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]
Legal Lot A RECX12-0031 being part of E2NE4 of Section 10, T7N, R64W of the 6th P.M.,
Description: Weld County, CO
Location: South of and adjacent to County Road 84 Section Line; West of and adjacent to County
Road 57 Section Line
Size of Parcel: +/- 27.9 acres Parcel No. 0711-10-0-00-011
Case Summary:
In 2012, Noble Energy, Inc. obtained approval of a produced water injection facility known as Cummins
Field Injection Facility (USR12-0014). USR12-1014 is currently permitted to allow for a single injection
well that will accept produced water via pipeline.
To date no portion of the Cummins Field Injection Facility has yet been developed and Noble Energy
seeks to amend their existing USR permit to expand the uses at the site to include facilities to recycle
produced water and to allow the facility to function as a commercial facility. The facility was originally
permitted as an unmanned facility that would receive only Noble Energy's produced water via pipeline for
injection into a Class II disposal well. Noble Energy's need for produced water disposal has increased
and their long-term plans for handling produced water have changed to include a strong focus on
recycling produced and flowback water. This recycle operation includes storage for both untreated and
treated produced water.
Noble also requests approval to construct temporary unloading equipment so that they may begin to
operate as soon as the USR amendment is approved. This would allow Noble to remove up to 30 trucks
from the County Roads up to six (6) months prior to the full construction of the facility is completed. This
site is not located in a Special Flood Hazard Area.
USR14-0057--Noble Energy, Inc,, Page 1 of 12
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 22-4-140.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 and rangelands
with sparsely populated residential development and multiple oil and gas encumbrances.
There 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.
USR14-0057--Noble Energy, Inc„ Page 2 of 12
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 Department of Planning Services' staff 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)
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)
USR14-0057--Noble Energy, Inc„ Page 3 of 12
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 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)
USR14-0057--Noble Energy, Inc„ Page 4 of 12
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us. (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)
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.
USR14-0057--Noble Energy, Inc„ Page 5 of 12
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 1x1O6 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.
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)
USR14-0057--Noble Energy, Inc„ Page 6 of 12
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)
USR14-0057--Noble Energy, Inc„ Page 7 of 12
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)
USR14-0057--Noble Energy, Inc„ Page 8 of 12
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)
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)
USR14-0057--Noble Energy, Inc„ Page 9 of 12
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)
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.
USR14-0057--Noble Energy, Inc„ Page 10 of 12
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.
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
USR14-0057--Noble Energy, Inc„ Page 11 of 12
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.
USR14-0057--Noble Energy, Inc„ 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: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970)304-6498
r �
October 13, 2014
MCMASTER BOYD
1625 BROADWAY, STE 2200
DENVER, CO 80202
Subject: USR14-0057 -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, A NEW CLASS II INJECTION WELL, AND
THE OPERATION OF A LESS THAN 12 MONTH CLASS II OILFIELD WASTE DISPOSAL
FACILITY-SALTWATER INJECTION FACILITY,) IN THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
PT NE4 SECTION 10, T7N, R64W LOT A REC EXEMPT RECX12-0031 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 4, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 10,
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
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
I / Digitally signed by Kristine Ranslem
Feason:I am the author of thisdocument
Date:2014.10.1316:01:36-06'00'
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970)353-6100, Ext. 3549
X ? FAX: (970)304-6498
September 05, 2014
SCHAUER PATRICK
1900 S SUNSET ST STE 1-E
LONGMONT CO 80504
Subject: USR14-0057 -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, A NEW CLASS II INJECTION WELL, AND
THE OPERATION OF A LESS THAN 12 MONTH CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY,) IN THE A (AGRICULTURAL) ZONE DISTRICT
[CUMMINS CENTRAL WATER PROCESSING FACILITY]
On parcel(s)of land described as:
PT NE4 SECTION 10, T7N, R64W LOT A REC EXEMPT RECX12-0031 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,
. n Digitally sgned by Kristine Ranslem
',Y'I,"4)l4J'j^ Feason:l am the author of this document
Date:2014 09.0511:15:16-0600'
Kim Ogle
Planner
FIELD CHECK Inspection Date: OCTOBER 16, 2014
Case Number: USR14-0057
Applicant: Noble Energy, Inc.
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 11 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]
Legal Lot A RECX12-0031 being part of E2NE4 of Section 10, T7N, R64W of
Description: the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 84 Section Line; West of and
adjacent to County Road 57 Section Line
Zoning Land Use
N AGRICULTURE N GRAZING - RANGELAND WITH NUMEROUS OIL
AND GAS ENCUMBRANCES
E AGRICULTURE E GRAZING - RANGELAND WITH NUMEROUS OIL
AND GAS ENCUMBRANCES
S AGRICULTURE S GRAZING - RANGELAND WITH NUMEROUS OIL
AND GAS ENCUMBRANCES
W AGRICULTURE W GRAZING - RANGELAND WITH NUMEROUS OIL
AND GAS ENCUMBRANCES
Comments:
ACCESS TO THE PROPERTY FROM COUNTY ROAD 55 AT COUNTY ROAD 80 INTERSECTION IS
VIA A PRIVATE ALL WEATHER ROAD THAT HEADS DIRECTLY NORTH FROM THIS INTERSECTION
BEFORE TRUNING WEST ON COUNTY ROAD 84 SECTION LINE TO THE PROPERTY. THE ROAD
IS WELL TRAVELLED AND IN VERY GOOD CONDITION.
THE SITE IS BORDERED BY AGRICULTURAL USES, PREDOMINATELY GRAZING, PRAIRIE AND
RANGELANDS WITH MULTIPLE OIL AND GAS ENCUMBRANCES. THERE ARE NO RESIDENCES IN
THE GENERAL AREA WITH THE NEAREST RESIDENCE OVER TWO MILES FROM THE SITE.
SITE SLOPES TO THE SOUTH AND HAS AN EXISIGN HERBACEOUS PLANT MATERIAL COVER.
WHILE THIS APPLICATION APPROVED AN INJECTION WELL AND OFFLOAD PAD WITH TANK
FARM, THERE HAS BEEN NO CONSTRUCTION. .
NO LAND USE VIOLATIONS IDENTIFIED
JG.Ue v\--
Sigila fg
❑ Access to Property ❑ Site Distance ❑ Oil &Gas Structures ❑ Topography
Note any commercial business/commercial vehicles that are operating from the site.
Hello