HomeMy WebLinkAbout20131473.tiffHEARING CERTIFICATION
DOCKET NO. 2013-28
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0009, FOR OIL OR GAS PRODUCTION FACILITIES (32 WELLS, 16 OIL
TANKS, 2 WATER TANKS, 10 SEPARATORS) IN THE R-1 (LOW -DENSITY
RESIDENTIAL) ZONE DISTRICT - RICHMARK ENERGY PARTNERS, LLC
A public hearing was conducted on June 19, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer - EXCUSED
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Tiffane Johnson
Public Works representative, Heidi Hansen
Health Department representative, Mary Evett
The following business was transacted:
a I hereby certify that pursuant to a notice dated May 3, 2013, and duly published May 8,
2013, in the Greeley Tribune, a public hearing was conducted to consider the request of
Richmark Energy Partners, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR13-0009, for Oil or Gas Production Facilities (32 wells, 16 oil tanks, 2 water
tanks, 10 separators) in the R-1 (Low Density Residential) Zone District. Brad Yatabe, Assistant
County Attorney, made this a matter of record.
Erin Matthews, Lamp, Rynearson & Associates, Inc., introduced herself as representing
the applicant. Chair Garcia advised the applicants they had the option of continuing this matter
to a date when the full Board will be present. However, if they decide to proceed today, it will
require three affirmative votes, or in the case of a tie vote, Commissioner Kirkmeyer will listen to
the record and make the determining vote. The applicants indicated they would like to proceed.
Tiffane Johnson, 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. She said surrounding land owners had expressed no concerns, and she
reviewed surrounding land use and zoning and noted that existing landscaping is adequate to
buffer the subdivision to the north. She reviewed the phasing and commencement of operations.
She said that Richmark Energy Partners, LLC, will contract with various companies for drilling
and construction - with 24/7 operations. Ms. Johnson said the City of Greeley is working with
the applicants in terms landscaping and the plan submitted to the City of Greeley is more
comprehensive than what the County requires. She reviewed the setback waivers submitted to
CC : Cam, Az, /4)4 NZ-
R-/- /3
2013-1473
PL2217
HEARING CERTIFICATION - RICHMARK ENERGY PARTNERS, LLC (USR13-0009)
PAGE 2
the State. In response to Chair Garcia, Ms. Johnson said the Weld County Code does not
address rail line set -backs.
Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans and requirements. She said access and right-of-way are coming from Greeley, and the
applicants have agreed to pave a small apron to avoid tracking onto C Street. She further stated
a flood plan has been approved, and a water quality feature was required to meet State
requirements. She discussed traffic impacts and noted the applicants have been proactive
about addressing the Department's requests and working with the City of Greeley. In response
to Commissioner Rademacher, Ms. Hansen said the 500 year floodplain rule will not affect
them.
"= Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions. She said they are obtaining water for fracking from the City of Greeley. They have
submitted a Waste Handling Plan and a spill plan for secondary containment described for
above ground tanks. She further stated any disturbed areas will be re -vegetated, water and air
permits will be required 45 days after first production, and best management practices will be
used in regard to noise pollution.
ER Ms. Matthews explained her company provides the engineers and surveyors working with
Mineral Resources, Inc., on this application. She also explained that Mineral Resources, Inc. is
a sister company and will act as the site operator. The Colorado Oil and Gas Conservation
Commission approved the site for up to 32 wells and the plan is to drill 2-5 horizontal wells in
the first phase of the project. The 350 -foot high -density setback applies, so some setback
waivers have been granted, in particular for the homes on and near the property and the
property line; a 750 -foot rail line setback has been met. Mineral Resources will use City of
Greeley/Big Thompson water for fracturing, and she explained the water delivery using a
temporary water line. Ms. Matthews said there is an above ground water storage tank, which
has a secondary steel containment berm and a liner. In response to Commissioner Conway
she said the new setback rules will not affect this site, but C Street is 350 feet away.
Ms. Johnson said that the subdivision falls outside the 500 -foot setback. In response to
Commissioner Conway, Ms. Matthews said they have not done any community outreach.
El No public testimony was offered concerning this matter.
Commissioner Rademacher noted Development Standards #8 and #10 seem redundant
because #9 says they have to abide by all state and federal rules and regulations. Ms. Johnson
said that #8 is specifically related to noise. Commissioner Conway noted they may be
redundant, but keeping them in is a good idea. Chair Garcia clarified that #9 is intended to be a
'catch-all.' In response to Commissioner Rademacher, Ms. Matthews said fencing in a
floodplain is not a good idea. She said they submitted landscaping to the City of Greeley and
they are happy with the agreed upon Screening Plan. She said that each individual component
will be fenced with chain link for security and there will be fence along the east property line.
0 Colin Richardson, Mineral Resources, Inc., said the ten foot high shrubbery on the south
side belongs to the subdivision. They will have a cedar fence, as well as trees and shrubs, on
the opposite side of the street. In response to Chair Garcia, Ms. Matthews stated she and the
2013-1473
PL2217
HEARING CERTIFICATION - RICHMARK ENERGY PARTNERS, LLC (USR13-0009)
PAGE 3
applicant have reviewed and agreed to abide by the Conditions of Approval and Development
Standards, as amended.
Commissioner Freeman moved to approve the request of Richmark Energy Partners, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR13-0009, for Oil
and Gas Production Facilities (32 wells, 16 oil tanks, 2 water tanks, 10 separators) in the R-1
(Low -Density Residential) Zone District, based on the recommendations of Planning staff and
the Planning Commission, with the Conditions of Approval and Development Standards as
entered into the record. The motion was seconded by Commissioner Rademacher, and it
carried unanimously. There being no further discussion, the hearing was completed at 11:35
a.m.
This Certification was approved on the 24thday of June, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CO AtZLT .-SOLORADO
ATTEST:
Weld County Clerk to the Board
BY:
De
ti
uty Cler
William F."Gar `s hair
Rademac ALP
ougladr,Pro-Tem
c-3
an P. Conway
e Freeman
C
2013-1473
PL2217
co
N
1/49
I
bo �
ti
C'
r
F -
v
a
C)
C z
3
3
LL
co
co
w
0
a
4
C
5
w
r
a
d
N
rV
J
i,
w
J
I -
z
a.
a
w
La
J
a
w
S
Z
J
3
1
2
LJ
R
3
i
M
Hello