HomeMy WebLinkAbout20132648.tiffHEARING CERTIFICATION
DOCKET NO. 2013-62.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0033, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND
GAS SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY -
SALTWATER INJECTION FACILITY) AND ONE 70 -FOOT IN HEIGHT
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT -
ANADARKO E&P ONSHORE, LLC, C/O KERR MCGEE OIL AND GAS ONSHORE, LP
A public hearing was conducted on October 23, 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, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
12 I hereby certify that pursuant to a notice dated August 16, 2013, and duly published
August 21, 2013, in the Greeley Tribune, a public hearing was conducted to consider the
request of Anadarko E&P Onshore, LLC, c/o Kerr McGee Oil and Gas Onshore, LP, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0033, for Mineral
Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste
Disposal Facility — Saltwater Injection Facility) and one 70 -foot in height communications tower
in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter
of record.
e Chair Garcia advised Elizabeth Smith, representing the applicant, that, since
Commissioner Rademacher was not able to be present, she had the option of continuing this
matter to a date with the full Board present. However, if she 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. Ms. Smith indicated they would like to proceed.
12 Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission, with Conditions of
Approval, into the record as written. He noted this case was continued from September 25,
2013. He said the nearest residence is 1200 feet to the north and no concerns have been
received by his department, but at the Planning Commissioner hearing two surrounding property
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owners expressed concerns regarding traffic and the ability to convey water safely across the
property. He said projected truck trips are from 35-50; the site will operate 24/7, and will include
a 70 foot radio tower. Mr. Ogle showed images of the property, maps, and the site plan.
le Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and noted access will be from CR 18.5, with offsite road improvements
at the intersection of CR 18.5 and CR 49. A grading permit will also be required.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions: the well will be from 8,000 to 12,000 feet in depth, there will be no permanent
onsite employees, a spill prevention control and counter measure plan is required, a revision to
the waste management plan indicating how the tank cleaning will be handled was requested, a
water permit is required, and a there is a leak detection system and secondary containment
tanks.
Ms. Smith summarized this is a typical saltwater injection facility and said a 70 -foot
communications tower will also be constructed to connect the site to the integrated operations
center in the City of Evans, this uses Ethernet and, therefore, cannot be co -located. On July 19,
2013, Kerr-McGee gave a planning presentation at the Town of Hudson's request, answering
questions about the injection process and traffic safety. In reference to Commissioner
Conway's question regarding a letter from the Town of Hudson, Ms. Smith said those concerns
have been addressed.
El Ellen Sweeder, surrounding property owner one mile to the east, stated she attended the
prior hearing, and complained that the date of the postponed hearing was not posted or
advertised. She said the citizens of Weld County are at the top of the operations chart, and
expressed dismay that her concerns were not being addressed. She expressed concern with
screening, lighting, truck traffic, the hours of operations, and safety hazards. She asked if there
was a plan in place to prevent trucks from using CR 18 as their route and stated over the past
12 years, every proposal like this that comes before the Board has been approved, changing
the character of the area from what it was zoned and impacting the residents' quality of life.
She stated the Planning Commissioners voted unanimously to approve this, even though they
voiced concerns, so she feels that this process has become like a 'rubber stamp'.
David Sweeder, surrounding property owner, asked the Board about the safety of this
corner and also expressed concern about the date of the continuation of the hearing. He stated
the traffic has increased; he said Select, Magna, and A&W acknowledge they should not use
these roads for their through routes but they do anyway. He described oil and gas truck driver's
chronically dangerous driving habits, lighting and traffic. He also questioned whether this
practice (deep saltwater injection) is safe for the public. He noted there is land for sale in the
north on less busy roads. He concurred CR 18 is a major safety concern. He stated citizens
should have a say in government, not just businesses; quality of life and safety are a
responsibility of the Board, in addition to attracting and supporting new business.
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Mr. Yatabe stated, pursuant to County Code, the County relies on the initial notice of the
hearing date, at that time it is called up and given a continuance date. Commissioner Conway
recollected no one was present for public comment on that date. Mr. Yatabe also confirmed the
notice board must be posted at least 10 days prior and remain until the hearing.
El Ms. Smith noted that she had spoken with Ms. Sweeder in regard to her concerns; hence,
there is no space to provide a berm on this location, the light will be aimed downward and
shielded, and the company will instruct trucks not to use CR 18, with enforcement. In response
to Commissioner Conway, she said contractors caught using CR 18 will be terminated, and they
are made well aware of that consequence and this site was chosen due to its appropriate
geology. In response to Chair Garcia, she confirmed the lights will be shielded from the roadway
and residences. Mr. Ogle said a lighting plan is not required because the lights aren't on full
time. Commissioner Kirkmeyer clarified the Colorado Oil and Gas Conservation Commission
and the EPA require berming of the tanks, and the water is injected into the formation it came
from.
Joe O'Quinn, facilities engineer and project manager, explained the process of receiving
contaminated water and spill prevention measures. He described the containment tanks and
sampling, and said the system is 100 percent contained. In response to Commissioner
Kirkmeyer, Mr. O'Quinn confirmed no Class I waste will be accepted and the site is not
commercial.
Commissioner Kirkmeyer asked Janet Carter, Department of Public Works, to address
traffic concerns. Ms. Carter explained the placement of the turn lanes, saying CR 49 is an
arterial roadway, so this access is set back to provide safe spacing and accommodate sight
distance on the hill. She explained the turn lane requirements, fluctuation of traffic for grading
and dirt work and construction up to 195 truck trips per day with long-term operations projected
at 68 truck trips per day. She said new turn lanes will improve safety at that intersection over
what exists now, and there is also an acceleration lane out of the access. She explained traffic
counts and triggers. She then showed a safety performance graph and explained the probability
calculations based on volume of traffic; currently, CR 49 is well below this line. She noted the
intersection at CR 44 and CR 49 was above the line, and as soon as that was identified grant
funds were obtained to make improvements including turn lanes and grading the hill for
improved sight distance. She mentioned the most dangerous road in the County is 1-25, which
is maintained by the State, and CR 74 is currently the worst Weld County, caused in part by
shared jurisdiction. She also noted a more recent traffic count from March, 2013, was 632 on
CR 49.
lei Commissioner Conway said he appreciates the applicant's policy of terminating contractors
who use the non -recommended route and said CR 18 is the issue of today's public concern.
Ms. Carter suggested a standard agreement with the applicant for a haul route as a condition of
their USR. Commissioner Kirkmeyer suggested a new Condition of Approval #1.A.7, clearly
stating CR 18 is not a designated haul route, requiring signage to that effect onsite, and
including a note on the plat; this was agreed to by concurrence of the Board. Commissioner
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Kirkmeyer also noted on Condition of Approval #1.A.10, there should be a lighting plan
requirement, as it sounds like they essentially already have one, and this shall be noted on the
plat; done by assent of the Board.
a Ms. Petrik suggested in Condition of Approval #1.A.4 and #1.A.5 the second to last
sentences "If the right-of-way cannot be verified it should be dedicated," be deleted; this was
done by assent of the Board. Mr. Yatabe requested a scrivener's correction to the word "of' in
the legal description.
In response to Chair Garcia, Ms. Smith said she and the applicant have reviewed and
agree to abide by, the Conditions of Approval and Development Standards, as amended.
Fi Commissioner Conway addressed the surrounding property owners and thanked them for
coming. He said he hoped they felt their concerns were taken seriously by staff and the Board.
He noted the County's large financial investment in improvements to CR 49, and said Weld
County's population has doubled in the last 20 years, so it is not just oil and gas truck traffic,
and noted that CR 392 between Windsor and Greeley is also a dangerous road, but the Board
and staff work hard to constantly improve these roads. He said a larger traffic control unit was
discussed with the Sheriff in yesterday's budget meeting, because there needs to be more
enforcement of traffic laws, and on CR 49 that will be part of the solution; there are currently
only 8 patrol units for Weld County's 4,000 square miles. Although at one time this county led
the State in fatalities, these have been reduced by half, and this Board has been very proactive.
He felt the applicant has taken steps to address all concerns, and stated support for the USR.
Commissioner Kirkmeyer concurred.
Commissioner Kirkmeyer moved to approve the request of Anadarko E&P Onshore, LLC,
c/o Kerr-McGee Oil and Gas Onshore, LP, for a Site Specific Development Plan and Use by
Special Review Permit, USR13-0033, for Mineral Resource Development Facilities, Oil and Gas
Support and Service (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) and
one 70 -foot in height communications tower 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 Freeman, and it carried unanimously.
Commissioner Kirkmeyer noted that public comment helps to ensure additional mitigations, and
referred to specific traffic accidents in the recent past. She asserted the Board worked very
diligently on the CR 49 Access Plan, but cannot control people's driving habits. She said
lighting can be an issue, so the Lighting Plan should address that, but this site does not
accommodate landscaping. With regard to the Board approving things without hesitation,
Commissioner Kirkmeyer strongly disagreed, saying there are 36 Development Standards and 8
Conditions of Approval for this one, which shows the County does not take USRs lightly. In
regard to enforcement, she said traffic control on CR 49 is a statutory responsibility of the
Colorado State Patrol, but their coverage area has increased, so there is a need for the County
Sheriff's Office to assist. She noted these matters can be brought before the Board for a
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Probable Cause Hearing, and permits have been revoked. She also said she is observant, and
has turned people in for not following the rules and there are also five agencies monitoring this
facility. Commissioners Freeman and Garcia concurred with these comments. Commissioner
Conway also mentioned the school bus route was removed from CR 49 as part of the Access
Plan, and that was another hazard addressed, and a safety improvement.
There being no further discussion, the hearing was completed at 11:15 a.m.
This Certification was approved on the 28th day of October, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CQUNW COLORADO
ATTEST:
Weld County Clerk to the Board
BY:/ I ti Deputy Cler j= = i •._
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
Sean P. Conway
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Mike Freeman
'Barbara Kirkmeyer
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