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Home My WebLink About20111494.tiff HEARING CERTIFICATION DOCKET NO. 2011-25 RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #1679 FOR AN OIL AND GAS SUPPORT FACILITY (INSTALL ADDITIONAL TANKS AND OFFICE TRAILER IN AN EXISTING CLASS II OILFIELD WASTE DISPOSAL FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT-JLW INVESTMENT, LLC A public hearing was conducted on June 15, 2011, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Sean P. Conway, Pro-Tern Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Christie Peters County Attorney, Bruce Barker Planning Department representative, Chris Gathman Health Department representative, Troy Swain The following business was transacted: I hereby certify that pursuant to a notice dated May 27, 2011, and duly published June 1, 2011, in the Fort Lupton Press, a Show Cause hearing was conducted on June 15, 2011, to consider whether good cause exists for revocation of a Site Specific Development Plan and Amended Use by Special Review Permit#1679 for an Oil and Gas Support Facility (install additional tanks and office trailer in an existing Class II Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, provided a brief timeline of events for the case and stated this case was originally approved by the Board on March 31, 2010, and a Probable Cause hearing was conducted on March 2, 2011, which resulted in the extension to June 15, 2011, to address outstanding issues, and was subject to three (3) conditions. Mr. Gathman and Troy Swain, Department of Public Health and Environment, visited the site on June 7th and 14th in regard to the outstanding Conditions of Approval, including the requirement of a secondary containment structure. He stated when staff visited the site in February, there were still tanks located outside of the secondary containment area; since then, the tanks have been installed and they are operating, which meets Condition 1.J. Mr. Gathman indicated Condition 1.K has been addressed, Condition 1.L regarding the installation of a septic system has been met, and the applicant is no longer using an office trailer, but rather a stick- built structure for staff on the site. Mr. Gathman spoke to the contractor on June 14, 2011, who said the building will be completed in approximately ten (10) days. He further stated staff recommends the dismissal of the Show Cause hearing, since the building is on its way to completion, and he referred to photographs of the site included in the Board's packets. In response to Chair Kirkmeyer, Mr. Gathman reiterated, according to the contractor, the building should be completed by the end of next week. 2011-1494 PL2000 SHOW CAUSE HEARING -JLW INVESTMENT, LLC (AMUSR-1679) PAGE 2 Mr. Swain stated he concurs with Mr. Gathman and the applicant has provided the containment calculations requested and they were verified by staff. He added the facility has been constructed per the modifications and the only outstanding issue is switching over from the portable toilets to the permanent facilities, once the building has been plumbed and completed. In response to Commissioner Conway, Mr. Gathman stated, previously, there was one (1) surrounding property owner who expressed concern about the lighting of the facility, which has been addressed. In response to Chair Kirkmeyer, the applicant, Jesse White, stated he concurred with staffs recommendation and is confident he will be able to complete the Conditions proposed by staff. Commissioner Long commended the applicant for being diligent in completing the process, given the time frame, and Commissioner Conway concurred. No public testimony was offered concerning this matter. Commissioner Long moved that the Show Cause Hearing concerning a Site Specific Development Plan and Amended Use by Special Review Permit #1679 for an Oil and Gas Support Facility (install additional tanks and office trailer in an existing Class II Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District issued to JLW Investment, LLC, be dismissed based on the recommendations of Planning and Health staff. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 10:43 a.m. This Certification was approved on the 20th day of June, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:, �1. .1�.� E i ,Lu ( t, ' fbara Kirkmeyer, Chair Weld County Clerk to th=[ %V �tQ` EXCUSED DATE OF APPROVAL c �, ��O Sean P. Conway, Pro-Tem Deputy Clerk to the Bo- . _y-- EXCUSED DATE OF APPROVAL W • F. Garcia avid E. 6 ougl s Radem her 2011-1494 PL2000 & `c 2y 2 ) & jo © / r_j 2 S § \ O � - u o coE � co(E - \ % .. tin CO > ct u w k z \ a — o k k k \ \ z > a, 2 § - a a o @o 0. m w2 ' > ° a E 2 % / « 0 u) & S § z 2 _ x z o 0 § I- j8 C 2 ) a Cr) I uuzz 7 ® Etg � § § § 2 § i } k 222 a z - Sri `\ § a4 ° IL j I ≤ $ \ \ I v- § _ 3— LL 0 0 0 a � G O 0 2 2 2 e / $� o I- ww § � 2 @ k § § , \ w 000 -I z k \ ' _ 000 a. EXHIBIT INVENTORY CONTROL SHEET SHOW CAUSE RE: AMUSR #1679 -JLW INVESTMENT, LLC Exhibit Submitted By Description Troy Swain, Department of Public Health and Facility History for Show Cause Hearing, dated A. Environment March 2, 2011 B. Planning Staff Facility Status E-mail, dated May 26, 2011 E-mail from Staff with Update from Applicant, and Concrete Containment Engineering Attachments, dated C. Planning Staff June 13, 2011 D. Planning Staff Memorandum from Staff, dated June 14, 2011 E. Planning Staff Site Photos taken by Staff, taken June 14, 2011 F. G. H. J. K. L. M. N. O. P. 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