HomeMy WebLinkAbout20100630.tiff HEARING CERTIFICATION
DOCKET NO. 2010-04.B
RE: 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 March 31, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Troy Swain
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated December 11, 2009, and duly published
December 17, 2009, in the Windsor Beacon, a public hearing was conducted on January 27,
2010, to consider the request of JLW Investment, LLC, for 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. At said hearing on January 27, 2010, the matter was continued to
March 17, 2010, to allow adequate time for the Planning Commission to review the matter within
a hearing scheduled for March 2, 2010. At said hearing on March 17, 2010, at the request of
the applicant, the matter was continued to March 31, 2010, and at said hearing on March 31,
2010, Bruce Barker, County Attorney, made this a matter of record.
Chris Gathman, 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 stated the original USR permit was approved by the Board in January, 2009, and
this amendment is proposed to allow the installation of one 600-barrel separation tank, one
300-barrel gunbarrel tank, three 500-barrel water tanks, one 1,000-barrel aboveground flat tank,
two 300-barrel low profile skim tanks, along with the addition of an office trailer. He confirmed
all of the tanks will be located within the boundaries of the USR permit, and the hours of
operation, number of employees on the site, and total number of truck trips are proposed to
remain the same. He indicated the facility is located approximately 500 feet from three existing
residences within the Townsite of Barnesville and approximately 300 feet north of other existing
residential lots, and there are unimproved parcels located to the north and east of the site. He
de
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confirmed the Conditions of Approval and Development Standards will ensure compatibility with
the existing surrounding land uses. Mr. Gathman indicated the facility is limited to 30 truck trips
per day, and any proposed increase to this number will require approval by the Colorado
Department of Transportation (CDOT), since the site access is located on State Highway 392.
He stated nine referral agencies reviewed the application materials and four provided comments
which have been addressed within the Conditions of Approval and Development Standards. He
further stated no referral response was received from the Colorado Department of Wildlife,
Colorado Oil and Gas Conservation Commission, Weld County Code Compliance, Weld County
Sheriff's Office, or the Galeton Fire Protection District. He indicated the site is not located within
the three-mile referral area for any municipality, and there has not been correspondence from
surrounding property owners. Mr. Gathman displayed photographs of the site and the
surrounding area, and in response to Chair Rademacher, he indicated there is some berming
around the existing tanks, and the Department of Public Health and Environment is proposing
additional requirements for secondary containment within this Resolution.
Heidi Hansen, Department of Public Works, stated the access to the site is located on State
Highway 392, and the Department has requested the standard requirement of the installation of
additional pavement from the access, for a length of 100 feet, plus double cattle guards, or a
total of 300 feet of pavement, in order to help avoid tracking debris onto the road. She clarified
the applicant has requested that this requirement be waived, since it was not included within the
original Resolution. She explained there was discussion regarding this matter during the
Planning Commission hearing, and it was decided by the Planning Commission that the
applicant could utilize three-quarter inch rock, instead of pavement, to meet this requirement.
She clarified the Department maintains the original request for pavement; however, if the Board
concurs that the use of rock is adequate, she requests that a larger rock size be required. In
response to Chair Rademacher, Ms. Hansen reiterated the Planning Commission concurred
that the applicant may choose to utilize 100 feet of rock, with the installation of a double cattle
guard, or to utilize a total of 300 feet of rock, without the installation of a cattle guard.
Ms. Hansen indicated the applicant has been working with staff regarding the road drainage on
the site, since a slight modification was necessary due to the re-design of the detention ponds.
She confirmed staff is working with the applicant concerning the re-design, the site is not
located within the floodplain, and an Improvements Agreement is required for the necessary
improvements on the site.
In response to Chair Rademacher, Mr. Gathman confirmed the map indicates a large body of
water to the north of the site; however, he is unsure of whether the water is related to irrigation
uses. He further confirmed a low-lying area exists to the northeast of the site. Ms. Hansen
clarified a large sump area exists to the southeast of the site, and the drainage from the
applicant's site will drain into that area. Commissioner Long explained there is a very low water
table within the surrounding area, and he understands this site may not be located within the
floodplain, since it is elevated in nature. He indicated, several years ago, the property to the
northeast caused a large amount of water to run across the State Highway, which caused
concerns for area residents. Ms. Hansen indicated she could distribute photographs showing
the amount of water in the sump area after the most recent wet snowstorms; however, the
Board concurred the photographs were not necessary.
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Responding to Commissioner Garcia, Ms. Hansen confirmed it is a standard requirement of the
Department to require that the applicant provide additional pavement into the site from the
access, and it has been a requirement for all similar facilities recently approved by the Board.
She clarified one of the Planning Commissioners indicated that rock does an adequate job of
removing debris from the truck tires, therefore, the requirement was modified to allow the
applicant to install rock, instead of requiring that pavement be installed. She indicated she
believes rock is only adequate when it is larger in size; however, the area containing the rock
must be well-maintained so that it does not become filled with mud when the ground beneath it
becomes saturated. In response to Commissioner Long, Ms. Hansen indicated the Department
has found that 300 feet of gravel will clean off the truck tires just about as adequately as
100 feet of pavement, plus the installation of a double cattle guard. She confirmed the
additional pavement requirement for tracking control was not included within the Resolution for
the approval of the original USR permit; however, CDOT did require that the access be paved.
Troy Swain, Department of Public Health and Environment, stated the requirements for this
facility are similar in nature to the requirements of other facilities, and staff will check with other
agencies to ensure that other permits already issued do not have to be revised, such as the Air
Permit Emissions Notice, etcetera. He confirmed the appropriate bonds are in place, and the
blanket coverage has been deemed acceptable. He indicated the applicant will be required to
install a secondary concrete containment structure.
Jesse White, applicant, stated he is seeking an amendment to the original USR permit because
it has become necessary to utilize additional tanks to accommodate efficient operation at the
facility. He indicated his only outstanding concern is the requirement of the additional pavement
extending from the access, and he requested the requirement be deleted since the only
modification to the facility is the addition of the tanks and the office trailer. He confirmed the
requirement was not included within the current permit, and CDOT has confirmed they do not
have any outstanding issues since the required pavement upgrade at the access also helps to
alleviate tracking debris onto the road. Mr. White clarified there was some confusion regarding
the timing of the issuance of building permits during the Planning Commission hearing;
however, he believes it is clear now that the only building permits required will be for the
secondary containment structure, which may be obtained after the plat is recorded, as
referenced in Condition of Approval #4. He indicated he understands the placement of the
office trailer must be referenced on the plat; however, he does not expect to obtain the building
permit before the plat is recorded.
Mr. White clarified the water at the northern edge of the property is a result of a previous breach
of the Cache la Poudre Ditch, which flooded a large area, and the water has never been able to
completely dry up since there are seepage problems with the nearby reservoir. He clarified the
area was nearly dry towards the end of last summer; however, the recent wet conditions have
filled the area up with water again. In response to Commissioner Kirkmeyer, Mr. White
confirmed he has been working on the required plans, including the engineered foundation plan,
and as soon as approval is granted for the amended USR permit, he will submit all of his plans
and complete the necessary Conditions of Approval. He reiterated the facility does not function
efficiently with the current amount of tanks, which is why it is necessary to get the additional
tanks on the site as soon as possible. He further confirmed the site does currently contain
berms, which are consistent with COGCC requirements, and it will now contain concrete
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containment areas. Responding to Chair Rademacher, Mr. White indicated the plans for the
septic system have been drafted; however, the septic system has not yet been installed. He
clarified the amendment was initiated solely because of the need for additional tanks to be
located on the property; however, upon review by staff, a denotation problem was detected on
the plat which was considered to be a substantial change. He clarified the septic permit has
been granted, the water lines from the well have been laid, and the concrete pit has been
completed; however, the leach field still needs to be constructed. He confirmed the installation
of the septic system was required through the original USR permit. Chair Rademacher stated
the Development Standards indicate the facility is limited to two employees, and he questioned
whether the septic system was engineered to be oversized if there are additional future
employees at the site. In response, Mr. White confirmed the septic system was designed in
consistency with the requirements of the original USR; however, it is probably big enough to
accommodate additional use by employees, if necessary.
Further responding to Chair Rademacher, Mr. White indicated the hours of operation are
restricted from 7:00 a.m., to 7:00 p.m., and he doesn't recall why these exact hours were
chosen; however, he does remember that it had to do, in part, because the surrounding
residences are in very close proximity. He clarified his facility does not operate 24 hours per
day, and his plant manager lives in close proximity to the facility. He further clarified the well on
the site can only handle a specific amount of water per day, and the number of truck trips to the
facility are limited as well. In response to Chair Rademacher, Mr. White confirmed there are
occasional emergencies in which a truck needs to dispose of water during nighttime hours;
however, he is required to turn the trucks away because of the limited hours at the facility. He
indicated a provision for emergency situations within the hours of operation would make a lot of
sense, if the Board is willing to consider that type of request.
No public testimony was offered concerning this matter.
In response to Commissioner Kirkmeyer, Mr. Gathman confirmed the original USR permit
corrected a violation occurring on the site. Commissioner Kirkmeyer indicated the hours of
operation need to be consistent with those issued at similar facilities. In response to
Commissioner Kirkmeyer, Mr. Gathman indicated several other facilities have hours of operation
as daylight hours. He clarified staff previously took into account that this facility is in close
proximity to three residences, and the unloading pad is elevated in height; therefore, if trucks
were to unload at night, the headlights would be obtrusive for the neighbors. Mr. White
confirmed most of the trucks which haul to his site are operated by Foster Trucking, which is
operated by the one of the neighbors who lives directly west of the site. He further confirmed
most of the residents within the surrounding area are involved in the oil and gas industry, and a
good working relationship exists. Commissioner Kirkmeyer reiterated the Board needs to be
consistent with the hours of operation, and she is afraid that the provision of daylight hours will
hurt the facility during winter months, since it gets dark earlier than 7:00 p.m. Mr. Gathman
clarified the hours of operation at both of the High Plains facilities approved within the past year,
are from 7:00 a.m., to 10:00 p.m.
Responding to Commissioner Kirkmeyer, Dan Hull, Lamp, Rynearson, and Associates, Inc.,
confirmed the septic permit is sized for use by five persons; however, he is not sure why this
figure was chosen for the size of the system. He further confirmed the septic system has not
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been completed, and expansion of the system, if necessary, would still be relatively easy to
accomplish. In response to Chair Rademacher, Mr. White indicated he would never be able to
utilize more than five employees on the site, therefore, increasing the allowed number of
employees on the site to five would be adequate. Chair Rademacher indicated he is willing to
allow the increase of employees, as long as the septic system can handle the additional load.
In response to Mr. Hull, Mr. Swain confirmed the current design of the system will accommodate
use by five employees, and the system may be re-evaluated, if deemed to be necessary by
staff.
In response to Chair Rademacher, Mr. White explained that he understands that the concrete
for the secondary containment structure must be poured in order to record the plat; however, he
must obtain a building permit in order to be able to pour the necessary concrete. He confirmed
he will be able to complete the concrete work before the plat is recorded, therefore, he no longer
has any concerns regarding the language of Condition of Approval #4. Further responding to
Chair Rademacher, the Board concurred with the modification of Development Standard #25 to
indicate five (5) employees. Commissioner Kirkmeyer suggested the hours of operation within
Development Standard #30 should be modified to indicate from 7:00 a.m., to 10:00 p.m., so that
this facility is consistent with other similar facilities. Responding to Chair Rademacher,
Mr. White indicated if emergency hours are not granted by the Board, he will be diligent to work
with his customers to ensure that all loads arrive at the site during the designated times. He
clarified he was under the assumption that there are other similar facilities which are allowed to
operate 24 hours per day; however, it appears staff has indicated there are not. He confirmed
his facility has been handling a large volume of business being spurred by the recent discovery
within northern Weld County, therefore, he would still prefer to have some leeway for
emergency situations which arise during nighttime hours. Commissioner Conway confirmed the
Board needs to agree on hours of operation which are consistent with other similar facilities. He
expressed his concern that any additional hours would give the applicant a competitive
advantage over the other facilities in the area which have already been approved, which is not
fair. He confirmed granting the applicant a little more flexibility is acceptable; however, the
Board must strive to remain consistent with these types of issues.
Chair Rademacher questioned if a true emergency existed, if the facility could be utilized by
default. In response, Mr. Barker indicated if the facility was utilized outside of the set hours of
operation, the Board could then set a Probable Cause hearing to determine if the applicant had
violated the terms of the USR permit; however, this hearing will be held after the fact of the
situation. He indicated the necessary action within an emergency situation may be deferred to
the best judgment of the operator of the facility, and if it is brought to the Board's attention that
the facility is abusing the idea of an emergency situation, a Probable Cause hearing would be
scheduled. Mr. White clarified, in his judgment, an emergency situation would exist only when
the facility would be trying to prevent a large spill from occurring. The Board concurred with the
modification of Development Standard #30 to indicate the hours of 7:00 a.m., to 10:00 p.m.
Commissioner Kirkmeyer questioned whether the text within Development Standard #30 should
be modified from "hauling hours" to "hours of operation." In response, Mr. Gathman explained
the biggest impact created by this facility is the truck hauling, and the applicant is allowed to
continue pumping operations on the site during all hours, as well as continue any type of
administrative/office work necessary. Mr. Gathman clarified that each facility does tend to have
unique circumstances, and the recently approved Lone Star facility was given limited hours of
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operation, due in part to the opposition presented by surrounding property owners. In response
to Chair Rademacher, Mr. Gathman reiterated there were no concerns presented by
surrounding property owners for this application.
Commissioner Garcia stated staff indicated the language within Condition of Approval #1.C.3
needs to be addressed by the Board. In response to Commissioner Kirkmeyer, Ms. Hansen
confirmed CDOT required the applicant to pave 100 feet of the access within the right-of-way for
State Highway 392, which was required through the Access Permit, and has already been
completed. Responding to Chair Rademacher, Mr. White clarified the 100-foot requirement was
for the width of the access; however, the asphalt does extend approximately 70 feet into the
facility, therefore, he does not believe additional pavement is necessary. He further clarified
many of the similar types of facilities access onto County Roads and have not been required to
provide extensive access upgrades. In response to Commissioner Kirkmeyer, and upon
clarification from Mr. Hull, Mr. White indicated the pavement installed at the access is 117 feet in
width, and extends back into the property for a length of 58.6 feet, and he believes the current
length of pavement is adequate to remove debris from truck tires before entering State Highway
392. Ms. Hansen clarified the facility operated by A and W Water, approved very recently, was
required to provide an additional 100 feet of pavement into the site, with the installation of a
double cattle guard. Chair Rademacher explained he concurs with the Planning Commission
recommendation of allowing the applicant to utilize rock; however, it is necessary for the rock to
be larger than three-quarter inch in diameter. In response to Commissioner Long, Mr. Gathman
confirmed the applicant applied for the original USR permit in 2008, and the hearing was held
before the Board in January, 2009.
Commissioner Garcia reiterated his concerns regarding the Board maintaining consistency in
the requirements, and if other facilities have been required to provide pavement, this facility
should be required to as well. Ms. Hanson confirmed the LoneStar facility paved the entire
circulation of its site, and she reaffirmed the applicant has the choice of providing 100 feet of
pavement, with the double cattle guard, or a total of 300 feet of pavement. Commissioner
Kirkmeyer concurred if the applicant trucks mud from the site onto State Highway 392, a big
mess will be created. Commissioner Garcia indicated the length of the pavement should be at
the discretion of the applicant; however, he prefers for the applicant to be required to install
pavement, and not be allowed to utilize rock in the place of pavement. Chair Rademacher
clarified if approximately 50 feet of pavement into the site already exists, then the applicant
could very easily complete another 50 feet of pavement and install the double cattle guard.
Mr. White indicated he does not oppose the additional pavement being proposed, as long as the
total length of the pavement is calculated from the edge of the asphalt for State Highway 392,
and is not calculated from the edge of the property line, as it is setback quite a distance from the
existing road. The Board concurred this is the intent of the proposed requirement, and the
Board further concurred with the modification of Condition of Approval #1.C.3 to state, "The
access shall be indicated with pavement for either a minimum of 300 feet on-site, or for
100 feet, with double cattle guards."
In response to Chair Rademacher, Mr. White indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
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Commissioner Long moved to approve the request of JLW Investment, LLC, for 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, 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 the modification of Condition of
Approval #1.C.3 to state, "The access shall be indicated with pavement for either a minimum of
300 feet on-site, or for 100 feet, with double cattle guards."; the modification of Development
Standard #25 to state, "The maximum number of employees employed at the site shall be
five (5)."; and the modification of Development Standard #30 to state, "Hauling hours shall be
limited from 7:00 a.m., to 10:00 p.m., daily." The motion was seconded by Commissioner
Conway, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:55 a.m.
This Certification was approved on the 5th day of April, 2010.
BOARD OF COUNTY COMMISSIONERS
was` ELD COUNTY, COLORADO
ATTEST: i•�r� �� f ,�
.#a` ouela• 'adema. er, Chair
Weld County Clerk to the ' t♦%G
bara Kirkmeyer, P o-Tem
BY: ' I ✓�/L. [' �db./Jir�;�.A- ' ���
Deputy Clerk the Board
Sean P. p way -
Wit) F. Garcia
eiu-A K
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR-1679 -JLW INVESTMENT, LLC
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Summary of Hearing (Minutes dated March 2, and
C. Planning Commission February 2, 2010)
D. Applicant Request for Continuance, dated March 1, 2010
E. Planning Staff Certificate and photo of sign posting
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