HomeMy WebLinkAbout20141390.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR14-0003
APPLICANT: CLYDE HEMBERGER, C/O EXPEDITION WATER SOLUTIONS
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (A
DISPOSAL SITE FOR OIL AND GAS PRODUCTION WASTE INCLUDING A
CLASS II INJECTION WELL AND WATER RECYCLING FACILITY WITH THE
CAPABILITIES OF RECYCLING THE WATER FOR USE IN THE OILFIELD
INDUSTRY AND TO WASH OUT TANKS) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: PT E2/NW4 SECTION 26, T8N, R60W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 14 AND EAST OF AND
ADJACENT TO CR 105.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 G.2 A.Policy 7.2 of the Weld County Code states:"Conversion of agricultural
land to nonurban residential,commercial and industrial uses should be accommodated when
the subject site is in an area that can support such development, and should attempt to be
compatible with the region."
Section 22-2-20 1.2 A.Policy 9.2 of the Weld County Code 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."
Section 22-4-30 WA.Goal 1. States: "Support the development of water that is put to
beneficial use, along with associated infrastructure."
Section 22-4-140 B. EP.Goal 2. of the Weld County Code 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.
Section 22-4-140 B. 1. EP.Policy 2.1 of the Weld County Code 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. Development Standards and Condition
(on site lighting is required to be shielded and downcast and a noise limit EXHIBIT
standard is attached) are proposed to ensure compatibility with the surroundi
RESOLUTION USR14-0003
CLYDE HEMBERGER, C/O EXPEDITION WATER SOLUTIONS
PAGE 2
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 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 23-2-220.A.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 residences are approximately 2.5 and 3 miles to the south
and southwest of the site.Development standards and conditions of approval(on site lighting
is required to be shielded and downcast and a noise limit development standard are
attached) are proposed to ensure compatibility with the surrounding area.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is not located within a three(3)mile referral area of any municipality,nor is it located
within any existing Intergovernmental Agreement Area (IGA)of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
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 land delineated as"High Potential Dry Cropland-Prime if
they become Irrigated"per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map.
The proposed facility improvements will cover approximately 6 acres of the existing parcel.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of the health,safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code),Operation Standards(Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health,safety,and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the 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
Health and Environment, if applicable. (Department of Environmental Health)
RESOLUTION USR14-0003
CLYDE HEMBERGER, C/O EXPEDITION WATER SOLUTIONS
PAGE 3
B. 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
Environmental Health)
C. 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 Environmental Health)
D. The applicant shall submit a-noise abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
{Department of Environmental Health}
E. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The plan
shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site(this should include expected
volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Environmental Health)
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,
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. The plan shall be reviewed and approved by the Weld County Department of
Public Health and Environment. (Department of Environmental Health)
F. The applicant shall provide evidence of a Recycling Facility Registration and a CDPHE-
approved design and operations plan. (Department of Environmental Health)
G. The applicant shall provide a copy of an approved well permit from the Colorado Division of
Water Resources for the proposed facility. (Colorado Division of Water Resources)
H. The applicant shall submit written evidence of a commercial well/water tap to the Department of
Planning Services and the Department of Public Health and Environment. (Department of
Planning Services)
I. 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)
J. 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. (Department of
Planning Services)
K. The applicant shall address the requirements of the Colorado Department of Transportation as
stated in the e-mail dated January 23, 2014. (Colorado Department of Transportation)
RESOLUTION USR14-0003
CLYDE HEMBERGER, C/O EXPEDITION WATER SOLUTIONS
PAGE 4
L. An Improvements Agreement and road maintenance agreement is required for this site. Road
maintenance including dust control, damage repair, intersection upgrades and future
improvement triggers for turn lanes(haul route)will be included.Collateral is required to ensure
the improvements are made. (Department of Public Works)
M. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0003 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat 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, if applicable. (Department of Planning Services)
7. County Road 105 is designated on the Weld County Road Classification Plan as a
Collector road,which requires 80 feet of right-of-way at full buildout. There is presently
60-feet of Right-of-Way.The applicant shall delineate or dedicate an additional 10-foot of
right-of-way parallel to the CR 105 right-of-way for future build-out. The applicant shall
verify and delineate on the plat 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 Public Works)
8. Show the approved access on the plat and label with the approved access permit
number(AP14-00005). (Department of Public Works)
9. The Colorado Department of Transportation(CDOT)has jurisdiction over all accesses to
state highways. Show the approved CDOT accesses on the plat and label with access
permit number if applicable. (Department of Public Works)
10. Right-of-way for State Highway 14 shall be indicated on the plat.(Department of Planning
Services)
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 plat for preliminary approval to the Weld County Department of
Planning Services. 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 shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. 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. 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. (Department of Planning Services)
RESOLUTION USR14-0003
CLYDE HEMBERGER, C/O EXPEDITION WATER SOLUTIONS
PAGE 5
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
maos(a.co.weld.co.us. (Department of Planning Services)
5. Prior to 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 Environmental Health)
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 Environmental Health)
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. (Department of Environmental Health)
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. (Department of
Environmental Health)
E. The applicant shall submit documentation to the Wel
E i-r
constructed in accordance wit
F. 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. (Department of Environmental
Health)
G. 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 Environmental
Health) (Condition met 4/15/14)
H. If more than 1 acre is to be disturbed,a Weld County grading permit will be required.(Department
of Public Works)
6. One month prior to Operation:
A. 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,
RESOLUTION USR14-0003
CLYDE HEMBERGER,C/O EXPEDITION WATER SOLUTIONS
PAGE 6
the facility cannot reasonably be expected to discharge oil as described in 40 CFR 112.1(b),
the applicant will provide 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 Environmental Health)
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)
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.
(Department of Planning Services)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on April 15, 2014.
Dated the 15`h of April, 2014.
Digitally signed by Kristine
-'<Iq .JYL, Ranslem
Date:2014.04.18 09:17:27-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Expedition Water Resources
USR14-0003
1. A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and
Service Facility(a disposal site for Oil and Gas Production Waste including a Class II Injection well and
water recycling facility with the capabilities of recycling water for use in the oilfield industry and to wash
out tanks) in the A(Agricultural) Zone District. (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 number of on-site employees shall be commensurate with the number of persons which the septic
system may accommodate in accordance with the requirements of the Weld County Code,pertaining to
Individual Sewage Disposal Systems(I.S.D.S.) Regulations. (Department of Planning Services)
4. The hours of operation are 24 Hours a day/7 days a week,as stated by the applicant(s).(Department of
Planning Services)
5. The signage on the site shall be maintained in accordance with the approved Signage Plan.
(Department of Planning Services)
6. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.(Department
of Planning Services)
7. 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 Environmental Health)
8. 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 (WCPHE) and the Colorado Department of Public Health and Environment
(CDPHE), by March first of each year. (Department of Environmental Health)
9. 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 concrete unloading pad shall be cleaned at a frequency that prevents oils and other wastes from
building up on the pad. During winter months, the facility shall maintain the unloading pad free of ice.
(Department of Environmental Health)
10. Analytical data on wastes and environmental monitoring data shall be made available to the Weld
County Department of Public Health and Environment(WCDPHE),which reserves the right to require
additional, more extensive monitoring. (Department of Environmental Health)
11. 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 Environmental Health)
12. Any contaminated soils on the facility shall be removed and disposed of in accordance with applicable
rules and regulations. (Department of Environmental Health)
13. The facility shall comply with the approved Groundwater Monitoring Plan. (Department of
Environmental Health)
14. 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 by the WCDPHE or CDPHE, prior to
implementation. (Department of Environmental Health)
RESOLUTION USR14-0003
CLYDE HEMBERGER, C/O EXPEDITION WATER SOLUTIONS
PAGE 8
15. Adequate drinking water, hand washing, and toilet facilities shall be provided. (Department of
Environmental Health)
16. 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 Environmental Health)
17. Any required Spill Prevention Control and Countermeasure (SPCC) Plan(s) shall be prepared and
maintained on the site per 40 CFR 112. (Department of Environmental Health)
18. 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 Environmental
Health)
19. 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 Environmental
Health)
20. 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 Environmental
Health)
21. 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 Environmental Health)
22. 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 Environmental Health)
23. 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 Environmental
Health)
24. The applicant shall submit a Recycling Facility Annual Reporting Form for the previous year to the
CDPHE and WCDPHE. (Department of Environmental Health)
25. 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 Environmental Health)
26. 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)
27. 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)
28. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
RESOLUTION USR14-0003
CLYDE HEMBERGER, C/O EXPEDITION WATER SOLUTIONS
PAGE 9
29. Building permits maybe required,per Section 29-3-10 of the Weld County Code.Currently the following
has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code;2011
National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado
engineer shall be required or an open hole inspection. (Department of Building Inspection)
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. 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,G.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
RESOLUTION USR14-0003
CLYDE HEMBERGER,C/O EXPEDITION WATER SOLUTIONS
PAGE 10
County, and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines,territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important,not only for their safety,
but also for the protection of the farmer's livelihood.
PG rY7rr1cis 14— 15 /Ll
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday,April 15, 2014
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Mark Lawley, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Absent/Excused: Bret Elliott.
Also Present: Chris Gathman, Department of Planning Services; Don Carroll, Department of Public
Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the April 1, 2014 Weld County Planning Commission minutes, Moved by Joyce Smock,
Seconded by Benjamin Hansford. Motion passed unanimously.
CASE NUMBER: USR14-0003
APPLICANT: CLYDE HEMBERGER,C/O EXPEDITION WATER SOLUTIONS
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (A
DISPOSAL SITE FOR OIL AND GAS PRODUCTION WASTE INCLUDING A
CLASS II INJECTION WELL AND WATER RECYCLING FACILITY WITH THE
CAPABILITIES OF RECYCLING THE WATER FOR USE IN THE OILFIELD
INDUSTRY AND TO WASH OUT TANKS) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: PT E2/NW4 SECTION 26, T8N, R60W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 14 AND EAST OF AND
ADJACENT TO CR 105.
Chris Gathman, Planning Services, presented Case USR14-0003, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Commissioner Smock noted that she did perform a site visit and submitted a field check form.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
In response to Commissioner Smock, Mr. Carroll clarified that there are acceleration and deceleration
lanes on Highway 14. Commissioner Smock expressed concern with visibility from coming east down the
hill on Highway 14 and with the amount of traffic at that intersection.
Commissioner Maxey asked if there is any information on traffic counts on Highway 14 in that area. Mr.
Carroll said that CDOT did not supply any traffic counts for Highway 14.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Ms. Light stated that Condition of Approval 5.G has been met. Additionally, she noted that Condition of
Approval 5.E does not apply to this case and recommended deletion. Ms. Light stated that Condition of
Approval 1.D is duplicated in the development standards and suggested that it be removed.
Jim Goddard, 1023 39th Avenue, Greeley, stated that they are proposing a Class II Sal -er In'ection
Facility. Additionally, they are requesting to get recycled water in the future. They in EXHIBIT
trucks off the road and pipeline approximately 70% of the water into the facility.
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The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Warren Schaeffer, 4290 W 10th Street, Suite 110, Greeley, stated that he represents the mineral estate
owners of the N2NW4 Section 26, T8N, R60W. His clients expressed concern regarding compensation.
He visited this site and said that there has been a lot of dirt work and it appears that this is a done deal
without regard to the mineral owners. His clients are in favor of oil and gas development and responsible
saltwater disposal. Mr. Schaeffer asked for assurances that the surface and subsurface owners are
adequately compensated. He would like to see more interaction from the proposed developers and the
mineral interest owners.
Commissioner Maxey clarified that this is a disposal well and added that the mineral rights should not be
affected at all. Mr. Schaeffer said that mineral estate is a separate ownership from surface estate and
anything that impacts the mineral estate is subject to compensation. The subsurface estate has a right
which can be compensated if their interests are jeopardized. He added that industry standard is to
compensate the mineral interest owner for replacing something into the mineral estate which would not
otherwise exist. Mr. Schaeffer compared it to the rental of a building on the surface property.
Mr. Goddard said that he hasn't visited the site for a week but they have not filed any permits for dirt work
nor have they done any dirt work to the site. He added that Carizzo is drilling a couple of wells in the area
and thought that might be why he saw some dirt work.
Mr. Goddard said that he has been in this business for 19 years and is not aware of any payments made
to mineral owners for compensation for injection into the ground.
Commissioner Wailes said that this is a unique situation with two classes of property owners. He asked if
subsurface owners receive notification. Mr. Gathman said that they are required by stated statute to be
notified and notice was given in this case. Mr. Wailes said that if they are notified than he thinks that
there is the potential for them to be affected by the project. Mr. Wailes asked the County Attorney for
legal advisement.
Brad Yatabe, County Attorney, said that he has never heard of a case like this but is not experienced in
this issue. In terms of this issue, he doesn't have an answer but suspects if the mineral interest owners
want to bring it up there might be litigation that there would be damage or an infringement on their rights.
Commissioner Sparrow said that this is an interesting argument and agrees that it may go to court in the
future.
Commissioner Maxey said that he hasn't seen this issue in 5 years and hasn't heard this argument as
well. He encouraged the two parties to work together to discuss this further. He said that he doesn't
believe that the mineral rights are being impacted by this proposal. However Mr. Schaeffer brings up a
storage issue and that is a good argument.
Commissioner Smock understood that the facility will take up about 5 acres and said that the USR
encompasses the whole 470 acres. Mr. Goddard said that they are purchasing 80 acres from the
landowner, Mr. Hemberger. Mr. Gathman clarified that, at this time of record, the USR will encompass
the entire 470 acres until the deed is received and then the USR boundary size would be reduced to 80
acres.
The Chair said that there are some recommendations to amend the staff report.
Motion: Delete Conditions of Approval 1.D and 5.E as stated by staff, Moved by Jason Maxey,
Seconded by Nick Berryman. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
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Motion: Forward Case USR14-0003 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary:Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Commissioner Wailes commented that he feels there is a gray area here and thanked Mr. Schaeffer for
coming in today. He encouraged the applicants to visit with the subsurface owners.
Commissioner Sparrow said that he would like to see a definition of mineral rights and subsurface rights.
Commissioner Smock said that the majority of the time we have seen the landowners and the minerals
owners as the same and that is why we probably haven't seen this issue before.
Commissioner Berryman said he has some familiarity with the area of real estate and has contact with
some subsurface agreements and mineral contracts. He still has yet to hear of compensation for a
saltwater injection facility but doesn't mean it doesn't exist. He added that he doesn't think in the
application process that for a Class II Saltwater Injection Facility that they are required to have an
agreement with the subsurface owner. Therefore he believes the burden of proof is on the mineral owner
to try and produce a cause/harm argument.
Commissioner Jemiola said that in terms of mineral rights you have the right to extract those minerals and
produce from those minerals. In terms of subsurface rights, technically if you have all encompassing
subsurface rights then you can charge them rent for docking on your subsurface.
Commissioner Maxey said that it is an interesting argument. He believes the applicant has met the
County requirements and criteria.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Tom Parko, Planning Director, said that he visited with Mr. Elliott regarding his absences at Planning
Commission hearings. Mr. Elliott stated that his business has increased and he is not able to fulfill his
commitment to the Planning Commission. According to the Planning Commission Bylaws if any member
misses three (3) consecutive meetings or more than 50% of the meetings in any three month period it
should be brought to the Planning Commission for action. Mr. Parko said that following his conversation,
Mr. Elliott submitted an email stating that he would like to tender his resignation.
Mr. Yatabe said that according to the bylaws the Planning Commission shall recommend to the Board of
County Commissioners what the show cause is for why they should not be removed. Based on the
information provided by Mr. Parko, the Planning Commission needs to determine if Mr. Elliott has fit this
criteria.
Commissioner Maxey said that it is a tough one. He added that he loved having Mr. Elliott on the
Planning Commission as he had made many good comments and questions when he has been here. He
said that he is in favor of accepting his resignation and to fill this position by someone who can make this
commitment.
Commissioner Jemiola said that this should be forwarded to the Board of County Commissioners for their
consideration.
Motion: Consider removal of Bret Elliott from the Planning Commission, Moved by Jordan Jemiola,
Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
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Commissioner Berryman stated that it is too bad to see him go but for the betterment of the Board it is a
good decision.
The Planning Commission requested that a legal presentation be given regarding property rights and
subsurface rights versus mineral rights. Commissioner Jemiola added that the Saltwater Injection Facility
could also be equated to septic tanks with leach-fields in terms of sub-surface rights. Mr. Yatabe said
that he would do further research on this topic.
Meeting adjourned at 2:38 pm .
Respectfully submitted,
f) Digitally signed by Kristine Ranslem
Date: 2014.04.24 08:52:12 -06'00'
Kristine Ranslem
Secretary
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