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Home My WebLink About20141711.tiff S*.86 LAND USE APPLICATION ✓',-1{ SUMMARY SHEET Case Hearing Date: May 6, 2014 Number: USR14-0011 Applicant: Plumb Ridge LLC do Expedition Water Solutions Address: c/o Jim Goddard, P.O. Box 336597, Greeley, Colorado 80633 Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities,Oil and Gas Support Facility(Class II Oilfield Waste Disposal Facility -Saltwater Injection Facility,Water Recycling and a Water Supply&Storage Upload Facility and Truck Tanker Washout Facility) in the A(Agricultural)Zone District Legal Description: Lots B and C of RE-5025 being part of the W2 of Section 36, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 50; East of and adjacent to County Road 59 Parcel Number: 0963-36-3-00-027, 0963-36-3-00-028 Size of Parcels: 30 acres +/- POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' has received responses from the following agencies with comments: Weld County Department of Public Works referral dated April 3, 2014 ➢ Weld County Department of Public Health and Environment referral dated April 11, 2014 ➢ Platte Valley School District RE-7, referral dated March 20, 2014 The Department of Planning Services'has received responses from the following agencies without comments: ➢ Weld County Code Compliance referral dated March 14, 2014 ➢ State of Colorado, Department of Transportation referral dated March 19, 2014 ➢ West Greeley Soil Conservation District, referral dated March 24, 2014 State of Colorado, Division of Parks and Wildlife, referral dated March 29, 2014 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Weld County Department of Building Inspection ➢ Platte Valley Fire Protection District Weld County Office of Emergency Management USR13-0011 Expedition Water Solutions, page 1 State of Colorado, Department of Public Health and Environment • Weld County Sheriff's Office ➢ Central Weld County Water District ➢ Department of Building Inspection • Town of Kersey State of Colorado Department of Public Health and the Environment ➢ Noble Energy • Colorado Water Conservancy District USR13-0011 Expedition Water Solutions, page 2 SPECIAL REVIEW PERMIT i ADMINISTRATIVE REVIEW \12 CQLJNTY —� Planner: Kim Ogle Case Hearing Date: May 6, 2014 Number: USR14-0011 Applicant: Plumb Ridge LLC c/o Expedition Water Solutions Address: c/o Jim Goddard, P.O. Box 336597, Greeley, Colorado 80633 Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities,Oil and Gas Support Facility(Class II Oilfield Waste Disposal Facility -Saltwater Injection Facility,Water Recycling and a Water Supply&Storage Upload Facility and Truck Tanker Washout Facility) in the A(Agricultural)Zone District Legal Description: Lots B and C of RE-5025 being part of the W2 of Section 36, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 50; East of and adjacent to County Road 59 Parcel Number: 0963-36-3-00-027, 0963-36-3-00-028 Size of Parcels: 30 acres +/- Narrative: Expedition Water Solutions is proposing to build a Class II salt water disposal with the future capability to recycle the water and wash out trucks/tanks.There are no immediate plans to construct the water recycling or wash out. This disposal will have one entrance/exit for truck traffic with a concrete receiving pad where the trucks will off-load (and possibly load recycled water in the future). The entrance is on the south side of the property off County Road 50;once inside the gate the flow of traffic will then head north and then to the west to get onto the concrete receiving pad.There will be six bays constructed initially. Four bays will be designated for off-loading trucks and two bays will be designated for loading recycled water or washing trucks/tanks out at a later date. Once the truck is on the pad with the engine shut off, facility employees will ground the truck and begin to offload the truck. The driver will then go into the office area to fill out a manifest which is required by the state. We anticipate a maximum of 130 trucks visiting the site per day. The truck will offload via an enclosed loop system. Expedition Water Solutions will be recycling water for both oilfield use and the potential of rinsing out trucks and tanks. All this will be on the concrete pad where the trench will catch the rinse water off the trucks/tanks and water left in the hose once the truck is offloaded. This rinse water will be entered back into our system for recycling or injection. The concrete vault will receive the water from the trench and then be pumped out to the flat tank. The vault will be triple lined and will have a monitoring well to detect if the liners would ever become prone to leakage. The water being offloaded will pass through the flat tank then over to the system USR13-0011 Expedition Water Solutions, page 3 tanks where the water will go through a series of tanks prior to entering the building where the water will be filtered. At this point in the process the water will be filtered to at least 50 microns and then injected via an injection pump. The injection pump will be located in the only building on this site.The building will also contain the offices and restrooms for staff and drivers. The applicant as a condition of approval will be required to amend the parcel boundary between Lot B and Lot C or request to vacate Lot C of recorded Exemption No, RE-5024. THE 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 and associated facilities. Section 22-4-30.A. WA.Goal.1 states "Support the development of water that is put to beneficial use, along with associated infrastructure." The proposed water recycling facility and permitted groundwater load out facility will provide a valuable and indispensable service to oil and gas companies. The centralized location for load out minimizes the removal of agricultural land from production. Section 22-4-140.B. EP.Goal 2. Mineral resource exploration and production waste facilities should be planned, located, designed and operated to encourage compatibility with surrounding land uses in terms of items such as general use,scale,height,traffic,dust, noise and visual pollution. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility-Saltwater Injection;Water Recycling and a Water Supply&Storage Upload Facility and Truck Tanker Washout Facility)as a Use by Special Review in the A(Agricultural)Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The site is bordered by agricultural uses, predominately grazing and rangelands with sparsely populated residential development. There are 12 property owners within 500 feet of this proposed facility. There are 5 residences within 0.5 miles to the west of the proposed facility; one residence within 0.5 miles to the south and one residence to the east within 0.5 miles and five residences within one mile also to the east. There are two residences in close proximity to the facility, one is approximately 200 feet to the west of the property line and the second is approximately 300 feet to the west of the property line. Staff has received no letters,telephone calls,electronic mail from adjacent or surrounding property owners or interested persons. Planning staff will require a Lighting Plan to determine that there is no transient light travelling off site. Development Standards and Conditions of USR13-0011 Expedition Water Solutions, page 4 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 located within three miles of a municipality. The Town of Kersey did not return a referral indicating a conflict with their interests. E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-wide Road Impact Fee Program, the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The U.S.D.A.Soils Maps of Prime Farmlands of Weld County dated 1979 designated the soils on the Salt Water Disposal Site, as "Prime," however there is a dry up covenant on the property thereby restricting the viability of the land. The facility will be sited on Lot C and Lot B of Recorded Exemption No. 5024 being approximately 30.190 acres near County Road 50, with the residual lands maintained for dryland agricultural production. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the USR Plat: A. The plat shall be amended to delineate the following: 1. All sheets of the USR Plat shall be labeled USR14-0011. (Department of Planning Services) 2. The USR Plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. County Road 50 is designated on the Weld County Road Classification Plan as a local paved road, with 60 feet of right-of-way.The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right- of-way. This road is not maintained by Weld County. (Department of Public Works) 5. County Road 59 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.An additional 10 feet shall be delineated on the plat USR13-0011 Expedition Water Solutions, page 5 as future County Road 59 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. This road is maintained by Weld County. (Department of Public Works) 5. Delineate the approved access on the plat and label with the approved access permit number AP14-00050. (Department of Public Works) 6. Delineate and label internal road as recycle/base surface; include double cattle guards across both lanes at the access point. (Department of Public Works) 7. Delineate and label the 15" diameter pipe (CMP)with flared end sections shall be placed at the entrance as a part of barrow pit drainage along with two (2) 24" diameter CMP culverts for irrigation and storm water drainage. (Department of Public Works) 8. Areas used for trash collection shall be screened from public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal-scattered trash. Please delineate the location of the screened trash collection area. (Department of Planning Services) 9. The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be indicated in accordance with Section 23-3-50.E of the Weld County Code. (Department of Planning Services) 10. A portion of Lot C (RE-5024) is in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). Please delineate the Floodplain boundary on the USR Map. (Department of Planning Services) 11. Please delineate the location of all site signs. (Department of Planning Services) D. An improvements agreement is required for this site. Possible mitigations may include, but are not limited to: specific haul route, damage repairs, intersection upgrade, and future improvement triggers. (Department of Public Works) E. The applicant shall attempt to address the concerns of the Platte Valley School District,Weld RE-7 referral dated March 20, 2014, specific to submitting bus stops and bus transportation routes during specific morning and afternoon periods. (Platte Valley School District, Weld RE-7) F. 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. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) G. The applicant shall submit a Groundwater Monitoring Plan, and the Groundwater Monitoring Plan shall be approved by Weld County Department of Health and Environment. Evidence of such shall be submitted, it writing, to the Department of Planning Services. (Department of Public Health and Environment) H. The applicant shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas should be designated on the plat. (Department of Public Health and Environment) USR13-0011 Expedition Water Solutions, page 6 The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Evidence of Department approval shall be submitted in writing to the Weld County Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site. (This should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. (This should include SDS sheets and storage location information.) 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). 4) Solids and sediment will accumulate in the storage tanks. The waste handling plan shall include a detailed plan that describes the method of how those solids will be removed and disposed of, including all on-site handling procedures. 5) The waste handling plan shall provide a commitment to notify the Weld County Department of Public Health and Environment in writing, in the event the plan is amended. (Department of Public Health and Environment) J. The applicant shall provide evidence that a Recycling Facility Initial Registration form has been submitted to the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) K. The applicant shall submit a Site Lighting Plan for review and approval to the Department of Planning Services. (Department of Planning Services) L. The applicant shall determine if an application for a vacation of Lots B and C of Recorded Exemption No. 5024 will be submitted for processing, or whether an amended Recorded Exemption for the adjustment of property lines between Lots B and C of Recorded Exemption No. 5024 will be submitted for processing. The applicant shall submit the requisite application for processing and approval, including recording of such document(s). (Department of Planning Services) M. The applicant shall submit two(2)paper copies of the plat or one(1)electronic copy(.pdf)of the same for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of Condition of Approval No.1. above,the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty(120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required one hundred twenty(120) days from the date the Board of County USR13-0011 Expedition Water Solutions, page 7 Commissioners approval was signed a$50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) 5. Prior to the Release of Building Permits: A. 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) B. A Detailed Closure Plan shall be submitted to Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission. The Closure Plan shall include a description of the manner in which the well will be plugged and abandoned,as well as specific details regarding reclamation of the property. No structures or equipment associated with the facility shall remain on the property following closure. (Department of Public Health and Environment) C. Detailed Plans for a concrete unloading pad shall be submitted for approval. A leak detection system shall be designed and installed beneath the concrete unloading pad(s)and sump(s). Plans shall be submitted to and approved by Weld County Department of Public Health and Environment. Evidence of Department approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) D. Detailed plans certified by a Colorado Registered Professional Engineer for the secondary containment structure for all storage and processing tanks shall be submitted for approval. Secondary containment volume shall provide containment for the entire contents of the largest single tank plus sufficient freeboard to allow for precipitation (25-year,24-hour storm event). Evidence of Department approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) E. The applicant shall submit documentation to the Weld County Department of Public Health and Environment that a recycling facility registration with the CDPHE Hazardous Materials and Waste Management Division's Solid Waste Unit has been approved. Evidence of CDPHE approval shall also be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) F. An Individual Sewage Disposal System (I.S.D.S.)permit is required for sewage flow from the proposed office building. The system must be designed by a Colorado registered professional engineer and in accordance with Weld County I.S.D.S.regulations. (Department of Public Health and Environment) G. A Flood Hazard Development Permit may be required for the development of Lot C of RE- 5024. Please contact the Floodplain Administrator to verify if a permit is required. (Department of Planning Services) 6. 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. (Department of Public Works) B. Right of way permit is required for any work within the public right of way. (Department of Public Works) USR13-0011 Expedition Water Solutions, page 8 C. Special transport permit is required for any over size or over weight vehicles. (Department of Public Works) D. Submit written evidence of the approval of the Flood Hazard Development Permit as applicable. (Department of Planning Services) 7. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District.The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 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 & Environment. Alternatively, if the applicant makes a determination that due to the location, the facility cannot reasonably be expected to discharge oil as described in 40 CFR 112.1(b), the applicant will provide PE certified rationale and supporting documentation to the Environmental Health Services Division of the Weld County Department of Public Health & Environment explaining why that facility does not have an SPCC Plan. (Department of Public Health and Environment) USR13-0011 Expedition Water Solutions, page 9 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Plumb Ridge LLC do Expedition Water Solutions USR14-0011 1. The Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support Facility including a Class II Oilfield Waste Disposal Facility-Saltwater Injection Facility,Water Recycling and a Water Supply&Storage Upload Facility and Truck Tanker Washout Facility in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. 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) 4. In accordance with Section 8 of the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007, Part 2), an annual report shall be filed for the recycling operations, which includes the amount of produced water recycled.The annual report shall be submitted to the Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment, by March first of each year. (Department of Public Health and Environment) 5. All liquid waste received at the facility shall be unloaded on the unloading pad. The unloading pad and leak detection system shall be constructed and operated in accordance with the approved design. The unloading pad shall be cleaned at a frequently that prevents oil and other waste from building up on the pad. The unloading pad and secondary containment shall be maintained to prevent degradation of structural integrity and shall be maintained to prevent any accumulation of liquids, including stormwater and rainwater or other debris. During winter months the unloading pad shall be maintained free of ice. (Department of Public Health and Environment) 6. Analytical data on wastes and environmental monitoring data shall be made available to the Weld County Department of Public Health and Environment, which reserves the right to require additional, more extensive monitoring. (Department of Public Health and Environment) 7. 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) 8. Any contaminated soils on the facility shall be removed and disposed of in accordance with applicable rules and regulations. (Department of Public Health and Environment) 9. The facility shall comply with the approved Groundwater Monitoring Plan. 10. All storm water, which has come into contact with waste materials on the site, shall be confined on the site. In the event the storm water is not adequately controlled on the site, upon written notification from the WCDPHE or CDPHE, a comprehensive site-wide Stormwater Plan shall be developed and implemented.The plan must be approved,in writing USR13-0011 Expedition Water Solutions, page 10 by the WCDPHE or CDPHE, prior to implementation. (Department of Public Health and Environment) 11. Adequate drinking water, hand washing,and toilet facilities shall be provided. (Department of Public Health and Environment) 12. Any Individual Sewage Disposal System (I.S.D.S) on the property shall be permitted, installed, maintained, and operated in compliance with all provisions of the Weld County Code, pertaining to I.S.D.S. Regulations. (Department of Public Health and Environment) 13. Any required Spill Prevention Control and Countermeasure (SPCC) Plan shall be prepared and maintained on the site per 40 CFR 112. (Department of Public Health and Environment) 14. 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) 15. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Colorado Department of Public Health and Environment Water Quality Control Commission,and the Environmental Protection Agency. (Department of Public Health and Environment) 16. 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) 17. This facility shall adhere to the maximum permissible noise levels allowed in the non- specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 18. All chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds(VOCs). All chemicals must be stored securely, on an impervious surface,and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 19. The facility shall comply with the Colorado Air Quality Control Commission Regulations and air permits as stipulated by Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 20. The operation shall comply with all applicable rules and regulations of the Colorado Oil and Gas Conservation Commission, other State and Federal agencies, and the Weld County Code. (Department of Public Health and Environment) 21. The facility is restricted to ten (10) employees, excluding truck drivers. (Department of Planning Services) 22. 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) 23. 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. USR13-0011 Expedition Water Solutions, page 11 No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 24. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works) 25. The historical flow patterns and runoff amounts will be maintained. (Department of Public Works) 26. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Public Works) 27. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets;and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 28. Hours of operation are twenty-four(24)hours each day,seven(7)days per week—365 days per year. (Department of Planning Services) 29. Buildings, equipment and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2012 International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code: 2006 International Energy Code; 2012 International Fuel Gas Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 29. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-wide Road Impact Fee Program and the County Facility Fee and Drainage Impact Fee Program. (Department of Planning Services) 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 32. Necessary personnel from the Weld County Departments of Planning Services, Public Works,and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 33. 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. (Department of Planning Services) USR13-0011 Expedition Water Solutions, page 12 34. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) 35. 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, sand burs, 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. USR13-0011 Expedition Water Solutions, page 13 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 � April 09, 2014 Goddard Jim PO Box 336597 Greeley, CO 80633 Subject: USR14-0011 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT FACILITY INCLUDING A CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY, WATER RECYCLING AND A WATER SUPPLY & STORAGE UPLOAD FACILITY AND TRUCK TANKER WASHOUT FACILITY IN THE A(AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: LOTS A, B, AND C OF REC EXEMPT RE 5024; PART W2 SECTION 36, T5N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 6, 2014, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on May 21, 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.weldcou ntyplan ningcases.orq If you have any questions concerning this matter, please call. Respectfully, Digitally signed m ay thiorioef Pandem isdocu F2ason:I am the author of thisdocument Date:2014.04.0915:22:34-06'00' Kim Ogle Planner N DEPARTMENT OF PLANNING SERVICES "••••• Lia ti 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us � E-MAIL: kogle@co.weld.co.us iri_ I !. PHONE: (970)353-6100, Ext. 3549 S' ? FAX: (970)304-6498 March 14, 2014 Goddard Jim PO Box 336597 Greeley, CO 80633 Subject: USR14-0011 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT FACILITY INCLUDING A CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY, WATER RECYCLING AND A WATER SUPPLY & STORAGE UPLOAD FACILITY AND TRUCK TANKER WASHOUT FACILITY IN THE A(AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: PT W2 SECTION 36, T5N, R64W LOT A REC EXEMPT RE 5024 of the 6th P.M., Weld County, Colorado. PT W2 SECTION 36, T5N, R64W LOT C REC EXEMPT RE 5024 of the 6th P.M., Weld County, Colorado. PT W2 SECTION 36, T5N, R64W LOT B REC EXEMPT RE 5024 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. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Kersey at Phone Number 970-353-1681 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully. Digitally signed by Kristine F2nslem "�^,,•„f,J/^ Mason:lam the author of thisdocument Date:2014.03.14 09:06:56-06'00' Kim Ogle Planner FIELD CHECK Inspection Date: tL z5.icta Case No. USR14-0011 Applicant: Expedition Water Solutions Address: c/o Jim Goddard, P.O. Box 336597, Greeley, Colorado 80633 Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility, Water Recycling and a Water Supply & Storage Upload Facility and Truck Tanker Washout Facility) in the A (Agricultural)Zone District Legal Description: Lots B and C of RE-5025 being part of the W2 of Section 36, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 50; East of and adjacent to County Road 59 Parcel Number: 0963-36-3-00-027, 0963-36-3-00-028 Size of Parcels: 30 acres +/- Zoning Land Use N AGRICULTURE N OIL AND GAS ENCUMBRANCES AND AGRICULTURE FIELDS E AGRICULTURE E OIL AND GAS ENCUMBRANCES AND AGRICULTURE FIELDS S AGRICULTURE S AGRICULTURE FIELDS W AGRICULTURE W RURAL RESIDENTIAL ON SMALL LOT ACREAGES Comments: The site is bordered by agricultural uses, predominately grazing and rangelands with sparsely populated residential development. There are 12 property owners within 500 feet of this proposed facility. There are 5 residences within 0.5 miles to the west of the proposed facility; one residence within 0.5 miles to the south and one residence to the east within 0.5 miles and five residences within one mile also to the east. There are two residences in close proximity to the facility, one is approximately 200 feet to the west of the property line and the second is approximately 300 feet to the west of the property line. A majority of the surrounding lands are in agricultural production. There is an irrigation ditch running parallel to the County road 50, a single point of ingress and egress exists and is a shared access to the east of the Noble Energy Tank Battery. The property has no apparent irrigation water, although the infrastructure is in place. County road 50 is a paved road, and the intersection of county road 50 and 59 is an off-set intersection which results in poor turning movements. ure D use(s) ❑ Ditch ❑ Site Distance ❑ Topography—Slight slope North to South ❑ Access to Property ❑ Crop Productions Hello