RESOLUTION NO. 2016-51

 

A RESOLUTION APPROVING AN OIL AND GAS SPECIAL USE PERMIT.

 

         WHEREAS, Expedition Water Solutions Colorado LLC (“EWS”) has submitted to the Board of Trustees of the Town of Keenesburg a request for approval of an oil and gas special use permit to construct a Class II saltwater disposal facility with injection wells on the property annexed to the Town and known as the EWS Annexation Nos. 1-4; and

 

WHEREAS, all materials related to the proposed permit request have been reviewed by Town Staff and found with conditions to be in compliance with Town of Keenesburg zoning ordinances and related Town ordinances, regulations, and policies; and

 

WHEREAS, the Keenesburg Planning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and

 

WHEREAS, after a duly-noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the permit request should be approved, subject to certain conditions set forth herein.

 

            NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

 

Section 1. The Board of Trustees of the Town of Keenesburg hereby approves an oil and gas special use permit to construct a Class II saltwater disposal facility with injection wells on the property annexed to the Town and known as the EWS Annexation Nos. 1-4, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference.

 

Section 2.       This resolution shall become effective upon the annexation of the property set forth in the Annexation Petition for the EWS Annexation Nos. 1-4 becoming effective.

 

INTRODUCED, READ, and ADOPTED this 21st day of December, 2016.

 

                                                                                    TOWN OF KEENESBURG, COLORADO

 

 

                                                                                    ____________________________________

                                                                                    Danny Kipp, Mayor

ATTEST:

 

___________________________________

Toni Pearl, Town Clerk

 

12/22/2016 11:38 AM [kmk] R:KeenesburgAnnexationEWS 1-4OGSUP TB res (as adopted).doc


EXHIBIT A

Conditions of Approval

Oil and Gas Special Use Permit

Expedition Water Solutions Colorado LLC (“EWS”)

 1.     Prior to issuance of a Notice to Proceed pursuant to KMC § 16-8-60:

A.     The applicant shall submit a Waste Handling Plan.

B.     The applicant shall submit a Dust Abatement Plan.

C.     The drainage report and corresponding grading, drainage and erosion control plans submitted by the applicant shall be revised to the satisfaction of the Town to address the comments from the Town of Engineer dated December 6, 2016.

 

  1. No disposal of waste, other than Class II, as currently defined by the Environmental Protection Agency, is permitted.
  2. Any changes from the approved Class II use will require an amendment to this Special Review Use Permit.
  3. All liquid wastes received at the facility shall be unloaded on the unloading pad. The unloading/loading pad leak detection system shall be constructed and operated in accordance with the approved design. The unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building up on the pad. During winter months, the facility shall maintain the unloading pad free of ice.
  1. Analytical waste data and environmental monitoring data shall be made available to the Town of Keenesburg upon request. The Town reserves the right to require additional monitoring.

 

  1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,C.R.S. § 30-20-101) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination.

 

  1. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste In the Solid Wastes Disposal Sites and Facilities Act, C.R.S. § 30-20-101.

 

  1. Any contaminated soils on the facility shall be removed and disposed of in accordance with applicable rules and regulations. All spills will be documented and records will be kept on-site for Town of Keenesburgreview upon request. Allspills will be reported to local, state and federal agencies in accordance with all state and federal regulations.

 

  1. The facility shall comply with the approved Groundwater Monitoring Plan.
  2.   All tanks will be labeled in accordance with COGCC and NFPA requirements.

 11.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 facility shall at all times operate in accordance with the approved Waste Handling Plan.

 12. Any vehicle or equipment washing areas shall be maintained to capture all effluent and prevent discharges in accordance with all county, state and federal rules and regulations.

 13.  Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall at all times operate in accordance with the approved Dust Abatement Plan.

 14.This facility shall adhere to the maximum permissible noise levels allowed with all applicable State noise statutes and/or regulations.

 15.  Adequate drinking, hand-washing and toilet facilities shall at all times be provided for employees and patrons of the facility.

 16.  Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment Systems(OWTS).

 17.  A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall maintain compliance with the Division of Water Resources requirements.

 18.  All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of Hazardous Air Pollutants (HAPs) and Volatile Organic Compounds(VOCs). All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturer's recommendations.

 19.  The Town of Keenesburgwill be notified prior to the closure of the facility. Upon site closure, the facility mustremove all wastes from the site and decontaminate all equipment, tanks, and secondary containment. All wastes removed from the site during closure activities will be disposed of off-site, in accordance with all local, state and federal rules andregulations.

 20.  A current Professional Engineer (PE) certified and signed copy of the Spill Prevention, Control and Countermeasure Plan shall be available on-site at all times.

 21.  The operation shall comply with all applicable rules and regulations of state and federal agencies and the Town of Keenesburg Code.

 22.  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 that may be confused with, or construed, as traffic control devices.

 23.  The property owner shall control noxious weeds on the property.

 24.  The property owner shall maintain all on-site drainage related features.

 25.  There shall be no parking or staging of vehicles on County or Town of Keenesburg roads. On-site parking shall exclusively be utilized.

 26.  Necessary personnel from the Town of Keenesburg 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 set forth herein and all applicable Town of Keenesburg regulations.

 27.  The Special Use Permit area shall be limited to the plans set forth in the application materials, subject to the conditions of approval set forth herein and all applicable Town of Keenesburg regulations. Substantial changes from the plans or conditions of approval shall require the approval of an amendment of the Permit by the Keenesburg Town Board of Trustees before such changes from the plans or conditions of approval are permitted.

 28.  The property owner or operator shall be responsible for complying with all conditions of approval set forth herein, and noncompliance may be grounds for revocation of the Special Use Permit by the Town Board of Trustees.

 

29.  Applicant shall revise its narrative to state that a four wire barb fence shall be maintained around the property perimeter.

 30.  The applicant shall submit an approved water and sewer plan as part of the building permit application.

 31.  The traffic letter submitted by the applicant shall be revised to the satisfaction of CDOT, to address the traffic volume at the Market Street/I-76 Frontage Road intersection, as noted in the email received from CDOT Region 4 Permits Manager Gloria Hice-Idler dated November 16, 2016. Should such revised traffic letter show an increase of more than 20%, the applicant shall obtain a new access permit from CDOT and shall construct any improvements as directed by CDOT.