HomeMy WebLinkAbout20140835.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0066, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (DISPOSAL AND RECYCLING
SITES FOR PRODUCTION WASTE - A CLASS II UNDERGROUND INJECTION
WELL AND AN OIL AND GAS CONSTRUCTION LAY DOWN/STORAGE YARD) IN
THE A (AGRICULTURAL) ZONE DISTRICT-CIRCLE B LAND COMPANY, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 19th day
of March, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Circle B Land Company, LLC, 1099 18th Street, Suite 2300, Denver,
CO 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0066, for Mineral Resource Development Facilities, including Oil and Gas Support and
Service (disposal and recycling sites for production waste - a Class II Underground Injection
Well and an oil and gas construction lay down/storage yard) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
E1/2 SE1/4 of Section 27, Township 5 North,
Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Baseline Corporation,
700 12th Street, Suite 220, Golden, CO 80401, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20. G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
CC Clt.ZY ?LO(be) Pt(CG))++L(LL) , ApPL-
1+% 2014-0835
PL2261
SPECIAL REVIEW PERMIT (USR13-0066) - CIRCLE B LAND COMPANY, LLC
PAGE 2
that can support such development, and should attempt to be
compatible with the region."
2) Section 22-2-20.1.2 (A.Policy 9.2) states: "Consider the
individuality of the characteristics and the compatibility of the
region of the County that each proposed land use change affects,
while avoiding requirements that do not fit the land use for that
specific region."
3) Section 22-4-140.B (EP.Goal 2) states: "Mineral resource
exploration and production waste facilities should be planned,
located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use,
scale, height, traffic, dust, noise and visual pollution." The site is
located in a sparsely populated rural area. The nearest residences
are located approximately 1.5 to 2 miles to the west of the site.
4) Section 22-4-140.B.1 (EP.Policy 2.1) states: "In reviewing the
operational and reclamation plans for solid and brine waste
disposal facilities, the County should impose such conditions as
necessary to minimize or eliminate the potential adverse impact of
the operation on surrounding properties and wildlife resources."
The site is in a rural agricultural area. The nearest single family
residences are located approximately 1.5 to 2 miles to the west of
the site. Conditions of Approval and Development Standards
(on-site lighting is required to be shielded and downcast and a
noise limit development standard is attached) are proposed to
ensure compatibility with the surrounding area.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code allows Oil and Gas Support and Service Facilities (disposal and
recycling sites for production waste) as a Use by Special Review Permit
in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed site is
surrounded by rural land (dry land agricultural land and rangeland). The
nearest single family residences are located approximately 1.5 to 2 miles
to the west of this site. No phone calls or correspondence have been
received from surrounding property owners in regards to this case.
Conditions of Approval and Development Standards (on-site lighting is
required to be shielded and downcast and a noise limit development
standard is attached) are proposed to ensure compatibility with the
surrounding area.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
2014-0835
PL2261
SPECIAL REVIEW PERMIT (USR13-0066) - CIRCLE B LAND COMPANY, LLC
PAGE 3
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral area
of any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot
will be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed facility is located on land delineated as
"Other" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
G. Section 23-2-230.6.7 — 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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Circle B Land Company, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0066, for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (disposal and recycling sites
for production waste - a Class II Underground Injection Well and an oil and gas construction lay
down/storage yard) in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
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 Public Health and Environment to the
Weld County Department of Public Health and Environment.
B. The applicant shall submit an updated and approved Groundwater
Monitoring Plan to the Weld County Department of Public Health and
Environment.
C. The drainage system drawings are required to be stamped and signed by
a Colorado registered professional engineer and shall be submitted to the
Department of Public Works.
2014-0835
PL2261
SPECIAL REVIEW PERMIT (USR13-0066) - CIRCLE B LAND COMPANY, LLC
PAGE 4
D. The applicant shall submit a Signage Plan to the Department of Planning
Services, for review and approval, if signage is desired. Signs shall be in
compliance with Chapter 23, Article IV, Division II and Appendices 23-C,
23-D and 23-E of the Weld County Code.
E. An Improvements Agreement and Road Maintenance Agreement is
required for this site. Road maintenance including dust control, damage
repair, and triggers for improvements will be included.
F. The applicant shall address the requirements of the Colorado Division of
Water Resources regarding the installation requirement for monitoring
wells on the property, as stated in the referral dated January 6, 2014.
Written evidence of such shall be provided to the Department of Planning
Services.
G. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0066.
2. The attached Development Standards.
3. The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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.
5. The approved Signage Plan.
6. Proposed on-site lighting shall be indicated.
7. County Road (CR) 52 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 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.
8. The applicant shall indicate the 60-foot CR 93 section line
right-of-way.
9. The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP#).
2014-0835
PL2261
SPECIAL REVIEW PERMIT (USR13-0066) - CIRCLE B LAND COMPANY, LLC
PAGE 5
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the plat not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period.
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.
5. Prior to Release of Building Permits:
A. The applicant shall post financial assurance with the Colorado Oil and
Gas Conservation Commission (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
property. The site shall be returned to its original grade. The applicant
shall submit evidence to Weld County Department of Public Health and
Environment that the appropriate financial assurance has been obtained.
B. A Detailed Closure Plan shall be submitted to Weld County Department of
Public Health and Environment and the COGCC. 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.
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, the Weld County Department of Public
Health and Environment.
2014-0835
PL2261
SPECIAL REVIEW PERMIT (USR13-0066) - CIRCLE B LAND COMPANY, LLC
PAGE 6
D. Detailed plans for the concrete secondary containment structure for all
storage and processing tanks shall be submitted for approval. Secondary
containment volume shall provide containment for the entire contents of
the largest single tank plus sufficient freeboard to allow for precipitation.
The Weld County Department of Public Health and Environment will
consider structures other than concrete, provided a Colorado registered
professional engineer provides a certification indicating that the proposed
alternate containment system meets, or exceeds, the function of a
concrete system with regard to containment, spills, and unintended
releases.
E. Solids and sediment will accumulate in the storage tanks. The facility
shall submit a detailed plan that describes the method of how those solids
will be removed, including all on-site handling procedures. The plan shall
provide a commitment to notify the Weld County Department of Public
Health and Environment, in writing, in the event the plan is amended.
The plan shall be reviewed and approved by the Weld County
Department of Public Health and Environment.
6. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
7. Prior to Operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to the Weld County Department of Public Health and
Environment.
8. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or
the applicant has been approved for an early release agreement.
2014-0835
PL2261
SPECIAL REVIEW PERMIT (USR13-0066) - CIRCLE B LAND COMPANY, LLC
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of March, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUN OLORADO
ATTEST. CC�� CC�� x ( \ 1
CidZlfyt/ . p: ouglasit/adema her, Chair
Weld County Clerk to the Boar• "2
ti :Id
+� rbara Kirkmeyer, P o-Tern
�k
BY: ' 1_.1. i 4L id.`.^ c---_
� ;
Deput lerk to the Boar, .,,;,c
an P. Conway
/ -9--
APPROVED AS TO FORM: \ �, ,
Mike Freeman
ounty Attorney 4fl---2-
William F. Garcia
Date of signature: cin2'�.dL/
2014-0835
PL2261
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CIRCLE B LAND COMPANY, LLC
USR13-0066
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0066, is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
(disposal and recycling sites for production waste - a Class II Underground Injection Well
and an oil and gas construction lay down/storage yard) in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are 24 hours a day, 7 days a week, as stated by the applicant.
4. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
5. No disposal of waste, other than produced and flowback wastewater from wells operated
by the injection well operator, are permitted. Any changes from this approved use may
require an amendment to this Use by Special Review Permit.
6. Analytical waste data and environmental monitoring data shall be made available to the
Weld County Department of Public Health and Environment upon request. The Weld
County Department of Public Health and Environment reserves the right to require
additional monitoring.
7. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. Portable containment, such as drip pans, shall be utilized
when working outside containment areas.
8. All liquid waste received at the facility shall be unloaded on the concrete 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
frequency that prevents oil and other waste from building up on the pad. During winter
months, the pad shall be maintained free of ice.
9. The Spill Prevention, Control and Countermeasure Plan shall be available on the site at
all times.
10. 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 (HAP's) and Volatile Organic Compounds (VOC's). All chemicals must be
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
2014-0835
PL2261
DEVELOPMENT STANDARDS (USR13-0066) — CIRLCE B LAND COMPANY, LLC
PAGE 2
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
12. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with the approved Waste
Handling Plan, at all times.
13. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored, treated, and removed for final disposal
in a manner that protects against surface and groundwater contamination.
15. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations.
16. The facility shall comply with the approved Groundwater Monitoring Plan.
17. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site.
18. Adequate drinking, hand washing 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 two (2) consecutive hours a day, portable toilets 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.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. 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.
22. The historical flow patterns and runoff amounts will be maintained on the site.
2014-0835
PL2261
DEVELOPMENT STANDARDS (USR13-0066) — CIRLCE B LAND COMPANY, LLC
PAGE 3
23. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
24. Building permits maybe 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
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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..
27. 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.
28. 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.
29. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
2014-0835
PL2261
Hello