HomeMy WebLinkAbout20132823.tiffHEARING CERTIFICATION
DOCKET NO. 2013-68
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0041, FOR A MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT FACILITY (CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY AND WATER
RECYCLING AND A WATER SUPPLY AND STORAGE UPLOAD FACILITY AND
TRUCK TANKER WASHOUT FACILITY) IN THE A (AGRICULTURAL) ZONE
DISTRICT - UNITED SURFACE AND MINERALS, LLC, C/O SELECT ENERGY
SERVICES
A public hearing was conducted on October 9, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Don Carroll
Health Department representative, Troy Swain
The following business was transacted:
e I hereby certify that pursuant to a notice dated August 30, 2013, and duly published
September 4, 2013, in the Greeley Tribune, a public hearing was conducted to consider the
request of United Surface and Minerals, LLC, c/o. Select Energy Services„ for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0041, for Mineral Resource
Development Facilities, including Oil and Gas Support Facility (Class II Oilfield Waste Disposal
Facility - saltwater injection facility and water recycling and a water supply and storage upload
facility and truck tanker washout facility) in the A (Agricultural) Zone District. Brad Yatabe,
Assistant County Attorney, made this a matter of record.
Chair Garcia advised Jim Goddard, representing the applicant, that, since Commissioner
Rademacher was not able to be present, he had the option of continuing this matter to a date
with the full Board present. However, if he decides to proceed today, it will require three
affirmative votes, or in the case of a tie vote, Commissioner Rademacher will listen to the record
and make the determining vote. Mr. Goddard indicated he would like to proceed.
a Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He reported there are six property owners within 500 feet, and the closest residence is
located 1.5 miles to the south. The facility will be fenced and gated with two employees on -site
at all times, and hours of operation are 24/7. He said the applicant anticipates a maximum of
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ENERGY SERVICES (USR13-0041)
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130 truck trips per day, and no concerns have been communicated. Mr. Ogle showed images
of the proposed facility and location.
ea Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He stated that access is off County Road 105. He reviewed the traffic
counts and detailed improvements. He said a full drainage report is required for a salt -water
injection site, which is completed, the applicant will need to submit a grading permit, and there
will be a triggered off -site Road Maintenance Agreement.
Troy Swain, Department of Public Health and Environment, reviewed the recommended
water and sewer provisions, including safety.
Mr. Goddard gave a brief overview. In response to Commissioner Conway, Mr.
Goddardsaid he could not give an exact estimate of trucks trips this project will take off the
roads, but 80 seems correct. In response to Commissioner Kirkmeyer, Mr. Goddard stated light
pollution at the site is minimal, in spite of the fact there are no close neighbors. In response to
Commissioner Kirkmeyer, Mr. Carroll explained a Drainage Report is currently required for all
injection sites. Mr. Goddard said they have done a Drainage Report and the property is very
flat. Commissioner Kirkmeyer indicated perhaps requiring a drainage report at every site is
unnecessary.
No public testimony was offered concerning this matter.
Mr. Goddardsaid he had no concerns or suggestions as to the Conditions of Approval and
Development Standards.
Commissioner Kirkmeyer, stated that in Condition of Approval #1.A.7, the first and second
sentence doesn't need to be delineated on the plat. Mr. Ogle concurred and this was agreed by
assent of the Board. Commissioner Kirkmeyer noted the same regarding the first sentence of
#8, which was deleted by assent of the Board. She recommended that B, regarding requiring a
final Drainage Report, be deleted, at this time and in the future. Commissioner Kirkmeyer
recommended the drainage report requirement be done on a case by case basis. Commissioner
Kirkmeyer said Condition of Approval #5.C covers this; therefore, #1.B was deleted by assent of
the Board. Commissioner Kirkmeyer noted her reasoning that at a probable cause or a show
cause hearing, the applicant should not have to deal with that because Development Standard
#22 is sufficient. Mr. Carroll confirmed that in the future this will be required on a case -by -case,
based on practical observation. Commissioner Kirkmeyer also suggested that word "offsite"
should be inserted in #1.C for clarity, as in "offsite improvements agreement". Mr. Yatabe noted
a description discrepancy: N1/2 NW1/4, Sec 25 is the correct legal description (W1/2 is
incorrect).
a Commissioner Kirkmeyer moved to approve the request of United Surface and Minerals,
LLC, do Select Energy Services, for a Site Specific Development Plan and Use by Special
Review Permit, USR13-0041, for Mineral Resource Development Facilities, including Oil and
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Gas Support Facility (Class II Oilfield Waste Disposal Facility - saltwater injection facility and
water recycling and a water supply and storage upload facility and truck tanker washout facility)
in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the
Planning Commission, with the Conditions of Approval and Development Standards as
amended and entered into the record. The motion was seconded by Commissioner Conway,
who also commented that getting up to 80 daily truck trips off county roads is a huge benefit to
the community, and Commissioner Freeman concurred. There being no further discussion, the
motion carried unanimously and the hearing was completed at 10:29 a.m.
This Certification was approved on the 14th day of October, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COU1 YtOLORADO
ATTEST a,,9,'i'\,k�
Weld County Clerk to the Board
BY:
Deputy CIto the Boa
Willi4m F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
an P. Conway
rbara Kirkmeyer j
LA --
2013-2823
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