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Home My WebLink About20110514.tiff HEARING CERTIFICATION DOCKET NO. 2011-12.A RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1769 FOR AN OIL AND GAS SUPPORT FACILITY (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY AND A WATER RECYCLING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST A public hearing was conducted on March 2, 2011, at 10:12 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Sean P. Conway, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Acting Clerk to the Board, Christie Peters County Attorney, Bruce Barker Planning Department representative, Kim Ogle Health Department representative, Troy Swain Public Works representatives, Don Carroll and Janet Carter The following business was transacted: I hereby certify that pursuant to a notice dated January 7, 2011, and duly published January 12, 2011, in the Fort Lupton Press, a public hearing was conducted on February 23, 2011, to consider the request of Marcum Midstream 1995-2 Business Trust, dba Conquest Water Services, for a Site Specific Development Plan and Use by Special Review (USR) Permit#1769 for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility — saltwater injection facility and a water recycling facility) in the A (Agricultural) Zone District. At said hearing, the Board deemed it advisable to continue the matter to March 2, 2011, due to a scheduling conflict. On March 2, 2011, Bruce Barker, County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written, and provided a brief description of the location of the site and the surrounding uses. He stated there is one property owner within 500 feet of the site, and there are no residences within the immediate area, although the Town of Grover is within the three-mile referral area. Mr. Ogle stated the site will be accessed from County Road 77, the internal drive will be graded and graveled, and this particular facility will be operated similar to the facility near the Town of Platteville, with two (2) employees on the site with 24/7 access. Mr. Ogle stated fifteen (15) referral agencies reviewed the proposal, and only six (6) responded with comments. Don Carroll, Department of Public Works, stated they are asking the applicant for an additional forty (40) feet of right-of-way adjacent to the property. Mr. Carroll indicated the average daily traffic count for County Road 77 is roughly 280 vehicles and there will be approximately 100 ( p lot 013 A'L 2011-0514 /74/ PL2109 HEARING CERTIFICATION - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST WATER SERVICES (USR-1769) PAGE 2 trucks entering and exiting the site daily. He stated staff did not request a Traffic Study; however, a traffic narrative has been submitted and evaluated. Mr. Carroll stated that the applicant is agreeable to constructing right and left turn deceleration lanes, with the appropriate widening and restriping. He stated the applicant will also be required to construct adequate turning radiuses, a right turn acceleration lane going out of the facility, and a Stop sign. Mr. Carroll stated the applicant has provided a full drainage report, and staff is very close to acceptance, other than a few redlined items. He stated this improvement is similar to the facility located south of LaSalle on County Roads (CR) 39 and 28. He added they are working with the applicant on asphalt thicknesses, geotechnical design, and items #21 through #25 of the Development Standards. Janet Carter, Department of Public Works, was present to discuss the improvements. She indicated a more recent traffic count on CR 77 near the site reflects an average daily traffic count of 1,289 vehicles. Ms. Carter referred to a memo dated March 2, 2011, marked Exhibit D, which is a list of safety items the Department of Public Works has been working with the applicant on to get resolved. She stated the applicant is agreeable with the list of items and she wants to make sure the applicant receives credit for what they are doing, as well as make sure there is a record that these requirements were in place. In response to Commissioner Rademacher, Ms. Carter stated staff will take periodic traffic counts near the driveway to help identify whether the facility is meeting the traffic trigger amount. Troy Swain, Department of Health, reviewed Conditions of Approval #1.H through #1.J, #7.D through #7.J, and Development Standards #3 through #19, all of which address staff concerns. Mr. Swain referred to Development Standard #6 and said this is the second recycling facility that is collocated with the injection well, which provides more options. In response to Commissioner Rademacher, Mr. Ogle said the applicant has applied for a commercial well permit. Dale Butcher represented the applicant and provided background information about the company. Mr. Butcher said the facility will filter the water and inject it into the ground or retreat it for reuse within the industry. He stated the applicant currently has five (5) similar facilities in Weld County and they are in the process of constructing a sixth site which should be operating by April. Mr. Butcher briefly explained the process of removing all the oils from the water before it is injected or recycled. He stated that the Colorado Oil and Gas Conservation Commission regulates their operations and applies the Environmental Protection Agency (EPA) standards. Mr. Butcher added the surface of the facility is regulated by the Weld County Department of Environmental Health and the recycling is monitored by the Colorado Department of Public Health and Environment. Mr. Butcher stated the wells are designed and constructed to protect aquifers, and they have monitoring wells which are inspected quarterly by environmental engineers. He stated access to the facility will be off of CR 77, and there will be room for eighteen (18) trucks to park at the site without staging on the County Road. The applicant stated he believes this facility may save approximately two (2) million truck miles on county roads per year; it will save eighty (80) miles round trip. He added the applicant has been working with the Pawnee Fire District regarding fire barriers and fire prevention, and the 2011-0514 PL2109 HEARING CERTIFICATION - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST WATER SERVICES (USR-1769) PAGE 3 applicant's employees receive ongoing fire training. Mr. Butcher stated the oil and gas industry is a big part of Weld County's tax base and it relies upon support facilities of this nature. In response to Commissioner Rademacher, Mr. Butcher stated the applicant will submit a lighting plan as part of the Conditions of Approval, it takes 15 minutes to empty a truck at the facility, and it would be difficult for them to hit the trigger of fifty trucks per hour. In response to Commissioner Rademacher's concern, Mr. Butcher stated the applicant will not allow trucks to stay on the County road. Commissioner Conway indicated there is a similar recycling facility off County Road 29 near Keenesburg. Mr. Butcher invited the Commissioners to come and visit, and he indicated that yesterday they sold 2,000 barrels of recycled water which is not the highest they have ever seen. In response to Commissioner Conway, Mr. Butcher stated there is plenty of demand for the recycled water in the oil and gas industry, and that the applicant would like to recycle the majority of the water they use and keep it in their industry. Chair Kirkmeyer invited public testimony; however, none was provided. Mr. Butcher inquired whether the applicant would be allowed to operate a temporary facility where water would be loaded in temporary tanks and pumped down the well. Chair Kirkmeyer confirmed the applicant is asking to operate a temporary facility for six (6) months. In response to Commissioner Rademacher, Mr. Swain said this has been allowed before with other similar situations. Ms. Carter suggested adding language to the Resolution that says, "Temporary operation will be worked out with the Departments of Public Works, Planning and Health." Mr. Barker suggested accommodating the request through a separate agreement which would recognize they have an approved USR, but would allow them to commence with injection operations on a temporary basis while they complete construction of the remainder of the facility. Chair Kirkmeyer suggested the applicant work with staff to get the agreement in place, and add the item to the next available agenda. In response to Commissioner Rademacher, Mr. Butcher stated there is a residence on the property and Condition of Approval #6.A says the structure will need to be demolished or the applicant will have to work around it. Mr. Butcher indicated the applicant would like the option to keep it as a residence for a manager if it is determined the home is salvageable. In response to Commissioner Rademacher, Mr. Ogle indicated if the applicant uses the property as a residence, they won't have to go through a change of use. He added the applicant needs to make sure the septic system is operational and that the intended use does not exceed the system capacity. Chair Kirkmeyer stated that she would support language indicating that prior to getting a demolition permit, the applicant has the opportunity to evaluate the property for future use. Mr. Ogle indicated the residence is approximately 50 years old and he displayed photos of the site and surrounding area. Mr. Butcher said the applicant would like the language to say, "If the applicant chooses to demolish the property, they would get the proper approval." In response to Commissioner Rademacher, Mr. Ogle stated he did not include the standard screening requirement due to the 2011-0514 PL2109 HEARING CERTIFICATION - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST WATER SERVICES (USR-1769) PAGE 4 rural surroundings. Responding to Commissioner Rademacher, Mr. Ogle responded staff is waiting to receive the lighting plan from the applicant. Based on the previous discussion, Mr. Barker suggested Condition of Approval #6.A be modified to state, "The applicant shall determine if it desires to utilize the single-family residence for an office and/or residence. If the applicant determines that an office and/or residence is desired, it shall submit application for and obtain all necessary I.S.D.S. permits. If it determines to demolish the single-family residence, it shall submit a Demolition Permit and provide an Asbestos Certification Letter from the Colorado Department of Public Health and Environment, Asbestos Department, prior to the removal of the single-family residence and any outbuildings. Evidence of approval shall be submitted, in writing, to the Weld County Department of Planning Services." and the Board concurred. Ms. Carter indicated the applicant will work with staff to identify safety requirements and she proposed verbiage regarding the ability to operate as a temporary facility. Chair Kirkmeyer instructed additional language is not necessary in the USR Resolution since it will be addressed in an Agreement for separate consideration by the Board. In response to Chair Kirkmeyer, Mr. Butcher stated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as proposed and modified. Commissioner Long said he is glad to see the number of truck miles reduced. He indicated Conquest Water Services is an exemplary company and motioned approve the request of Marcum Midstream 1995-2 Business Trust, dba Conquest Water Services, for a Site Specific Development Plan and Use by Special Review Permit#1769 for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility — saltwater injection facility and a water recycling 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 entered into the record. His motion included modifying Condition of Approval #6 A to read as follows, "The applicant shall determine if it desires to utilize the single-family residence for an office and/or residence. If the applicant determines that an office and/or residence is desired, it shall submit application for and obtain all necessary Individual Sewage Disposal System (I.S.D.S_) permits. If it determines to demolish the single-family residence, the applicant shall submit a Demolition Permit and provide an Asbestos Certification Letter from the Colorado Department of Public Health and Environment, Asbestos Department, prior to the removal of the single-family residence and any outbuildings. Evidence of approval shall be submitted, in writing, to the Weld County Department of Planning Services." The motion was seconded by Commissioner Conway, and it carried unanimously. Chair Kirkmeyer indicated she is excited about this facility which has a lot of potential. She stated that she lives down the road from the second site and the applicant is a longstanding company. There being no further discussion, the hearing was completed at 10:47 a.m. 2011-0514 PL2109 HEARING CERTIFICATION - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST WATER SERVICES (USR-1769) PAGE 5 This Certification was approved on the 7th day of March, 2011. BOARD OF COUNTY COMMISSIONERS WELD UNTY, C RADO �aS1� ATTEST: "fi Barbara Kirkmeye , Chair 1 6g Weld County Clerk t 8 � c10 Sean P Co /, y, Pro-Te BY: / Deputy Clerk to the Will F. Gar is C David E. Lo g� .r-ram/"� Dougla Rademacher 2011-0514 PL2109 • \ , § C tu 3- re § \ 7 / tl} ID § ; \ / § r j 0.c) Jv cja° §o0 kR fCZ / \ na • i \ �. cc Q k « / J z • 0 E. § / , \ \ \ � q a § § \ - ® -VI / o « \ Z ■ § © ® w @ • k x % (6, , / § N E 2 g / / o « c3 % ± « 7 r '0 0 2 \ 0 \ \ � . ■ « -• ® 5 2 / al w co c 5 co 2 i \ z < o § I § / \ / _ 2 2 I- 0 %)CSJ 2 # � 2 • i s B. 2 �k k a m ( Tr-1-N,,C.4) �� 2 uj 2 in A / � \ • B k -) § - </ 2 I 0 � - • EXHIBIT INVENTORY CONTROL SHEET Case USR#1769 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST WATER SERVICES Exhibit Submitted By Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes dated 02/01/2011) D. Public Works Memo Janet Carter (dated 03/01/11) E. Planning Services Memo Final Drainage Report Comments (dated 02/16/11) F. G. H. • I. J. K. L. M. N. Q. P. Q. R. S. T. • U. V. W. Hello