HomeMy WebLinkAbout20090285.tiffHEARING CERTIFICATION
DOCKET NO. 2009-05
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1679
FOR AN OIL AND GAS SUPPORT FACILITY (CLASS II - OILFIELD WASTE DISPOSAL
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - JLW INVESTMENTS, LLC
A public hearing was conducted on January 28, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
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, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated December 12, 2009, and duly published
December 19, 2009, in the Greeley Tribune, a public hearing was conducted to consider the
request of JLW Investments, LLC, for a Site Specific Development Plan and Use by Special
Review Permit #1679 for an Oil and Gas Support Facility (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, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. He
stated the proposed facility is located approximately 600 feet from three existing residences within
the platted Townsite of Barnesville, approximately 300 feet north of an existing residential lot, and
he briefly described the surrounding land uses. He indicated the applicant is proposing to haul
during daylight hours, truck trips will be limited to 30 per day, and any increase of the number of
truck trips will require approval from the Colorado Department of Transportation (CDOT), since the
access is located on State Highway 392. He stated nine referrals were provided, seven agencies
provided a positive response or provided comments which have been addressed within the
Conditions of Approval and Development Standards, and no response was received from the
Colorado Oil and Gas Conservation Commission (COGCC) or the Galeton Fire Protection District.
He indicated the site is not located within the three-mile referral area for any municipality, and no
letters or telephone calls were received from surrounding property owners. He confirmed one
surrounding property owner did attend the Planning Commission hearing, and he expressed
concerns regarding the potential impacts to his water well and the potential future expansion of the
facility, increasing the truck traffic within the immediate area. He stated the surrounding property
owner also expressed concerns regarding a light on the site shining onto his property; however,
the applicant has since had discussions with the surrounding property owner, and will be able to
address the accommodations made within his presentation. Mr. Gathman indicated the property
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is currently in violation, due to the oil and gas commercial activity on the site without the proper
permit. He clarified the facility improvements were actually constructed during the summer and fall
months of 2008, and the applicant is requesting, through this application, to allow other operators
besides Apollo Operating, the applicant's company, to utilize the facility. He indicated the
Department of Planning Services is requiring Landscaping and Screening and Lighting Plans to be
submitted as Conditions of Approval. He also requested additional language for Condition of
Approval #1.1, as referenced within his memorandum, marked Exhibit D, indicating the applicant
will be required to provide evidence of the water source for landscaping on the site, since the
commercial well on the site may not be utilized for outside irrigation. He further requested the
addition of new Development Standard #31, which is standard language for the management of
noxious weeds. He indicated the Department of Public Works originally requested that the access
be constructed to a minimum of 60 feet; however, the applicant is required to adhere to CDOT
regulations at the access point, which do not require a minimum of 60 feet, therefore, he requested
the deletion of Development Standard #23 and Condition of Approval #1.C.5. Mr. Gathman
displayed photographs of the site and surrounding properties, and in response to Commissioner
Conway, he indicated the placement of the residence of the surrounding property owner who had
concerns with lighting on the site.
Responding to Commissioner Long, Mr. Gathman confirmed the applicant will not be required to
completely screen the oil and gas tanks on the site, due to the height of the tanks; however, the
Department is requesting that the applicant provide additional landscaping on top of the berm. In
response to Commissioner Kirkmeyer, Mr. Gathman indicated staff has discussed the possible
screening methods on the site, and staff prefers trees; however, the applicant will have to haul
water to the site in order to get the plants established. Further responding to Commissioner
Kirkmeyer, Mr. Gathman stated staff is requiring the submission of an Irrigation Plan in order to
determine the water source for any proposed landscaping. In response to Commissioner Long,
Mr. Gathman confirmed the applicant could install either a fence or additional landscaping to meet
staff's requirements. Responding to Chair Garcia, Mr. Gathman indicated the complaint received
was regarding on -site lighting, most likely a security light on the office, and the applicant will provide
clarification during his presentation. Further responding to Chair Garcia, Mr. Gathman confirmed
the Lighting Plan, as required within Development Standard #31, indicates lights on the property
must be shielded. In response to Commissioner Kirkmeyer, Mr. Gathman confirmed the Conditions
of Approval and Development Standards within this Resolution are similar to the requirements of
other injection well facilities, and the only difference within this Resolution is the requirement
regarding the evidence of water for the landscaping, since the permitted well on the site may not
be utilized for landscaping activities. He further indicated the Resolution contains one other
exception, indicating the applicant must have the approval of CDOT to increase the number of truck
trips to the site, since the access is located on a State Highway.
David Snyder, Department of Public Works, reiterated the access to the site is located on State
Highway 392, which is under the jurisdiction of CDOT, and an increase in the number of truck trips
to the site will require the approval of CDOT. He clarified the CDOT Access Code does not require
a 60 -foot radius for the access, therefore, staff is requesting the deletion of Development
Standard #23 and Condition of Approval #1.C.5. He confirmed the site is not located within the
floodplain, and the latest traffic count on State Highway 392 was approximately 1,300 vehicles per
day.
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Lauren Light, Department of Public Health and Environment, stated the approved commercial well
will provide potable water for the site, and the applicant has applied for a septic system, since
portable toilets may not be utilized on the property. She confirmed the Injection Well Permit was
approved by the COGCC on November 4, 2008, and the Colorado Department of Public Health and
Environment may have air emission permitting requirements, which is addressed within Condition
of Approval #1.D. She indicated every injection well facility contains specific design and operations
requirements, and this facility was built prior to review of the Design and Operations Plan, which
prompted numerous discussions between staff and the applicant. She stated Conditions of
Approval #4.A and #4.6 will allow the containment structure to be constructed of a substance other
than concrete, as long as a Colorado registered engineer certifies the material is equivalent to
concrete. She requested the addition of the word "currently" to the first sentence of Development
Standard #7 to state, "No disposal of waste, other than Class II, as currently defined by the
Environmental Protection Agency, is permitted." Responding to Commissioner Rademacher,
Mr. Gathman confirmed only two employees will be working on the site. Further responding to
Commissioner Rademacher, Ms. Light indicated there is an operations building located on the site,
and the operations are not considered to be a temporary use, therefore, portable toilets may not
be utilized for sewage disposal.
Jesse White, applicant, indicated he is the property owner as well as the owner of Apollo
Operating, LLC, the oil and gas development company which is utilizing the site. He confirmed he
purchased the property in 2007, at which time the property was essentially a dump yard, containing
many overgrown trees and a large amount of trash. He indicated he spent a lot of time and money
to clean up the property, and it was determined the property would be utilized by Apollo Operating,
LLC, for the placement of an injection well facility, since the company was experiencing bottlenecks
at other similar facilities. He confirmed many other oil and gas companies operate injection well
facilities for their own operations, and he indicated Apollo Operating, LLC, does not operate on a
large scale; however, it is necessary to dispose of wastewater from many of the oil and gas sites
throughout Weld County. He further indicated the company decided to drill its own injection well;
however, it was realized that the well will contain spare capacity, therefore, it was decided to allow
other operators to utilize the facility, which prompted the submittal of this USR permit application.
He confirmed there are several oil and gas wells currently on the site, and the lot to the south is
essentially vacant and has been issued several citations of violation of the Weld County Code by
the Department of Planning Services. He explained his company previously entered into a contract
to purchase the southern property, which is Lot A of Recorded Exemption #748; however, the
current property owner did not fulfill the obligations of the contract, therefore, the purchase was not
completed. He stated the neighboring property owners to the west, within the Townsite of
Barnesville, have verbally indicated their support of the improvements which have been made to
the property. He clarified the probability for contamination of the groundwater is virtually
non-existent, since the drilled holes contain pipes surrounded by casing. He confirmed he does
not want to contaminate or jeopardize the water well located on the site, nor the wells of the
neighboring properties. He indicated most of the surrounding property owners are also royalty
owners, and he conducts a significant amount of business operations with the neighbors.
In response to Chair Garcia, Mr. White indicated the property owner who expressed concerns
regarding the lighting on the site, Mr. Hammerstrom, purchased his property through foreclosure
proceedings in Summer, 2008. He explained there are currently five pole lights on the property,
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three of the lights face east, and the other two face west. He stated, after notification from
Mr. Hammerstrom, he discovered that one of the pole lights on the site was positioned incorrectly,
therefore, the light was repositioned, which corrected the problem, and staff at the site are careful
to keep the west -facing lights turned off unless the use of the lights is absolutely necessary. He
reiterated Apollo Operating is a smaller company, and he desires to be a good neighbor within the
community. Responding to Commissioner Rademacher, Mr. White indicated he does not agree
with the requirement of additional landscaping or the construction of a fence for screening
purposes, as either option will tend to stick out like a "sore thumb" within the surrounding area. He
confirmed he has utilized the existing trees on the site as much as possible to mitigate the visual
impacts, and a berm has been constructed in order to help contain the sound and light on the
property, which will be seeded in natural grass in order to flow with the existing landscape of the
area. He confirmed he has adequately addressed any concerns presented by surrounding property
owners. Commissioner Rademacher indicated the construction of a fence will also provide added
security, and in response, Mr. White confirmed the site currently contains a barbed wire fence for
security purposes. Further responding to Commissioner Rademacher, Mr. White indicated the site
is a total of 44 acres; however, he is not sure of the exact acreage associated with the facility.
Commissioner Rademacher indicated it is the decision of the applicant to install either additional
landscaping or a fence, and he believes a fence will be more appropriate. Commissioner
Kirkmeyer confirmed her house is located in close proximity to an injection well facility, which is
fenced, and she recommended the applicant install a fence due to security reasons. She indicated
the fence will not provide visual screening; however, it will help mitigate the noise and provide a
barrier for the surrounding property owners to the west. Mr. White confirmed the berm on the site
was constructed to mitigate noise concerns. Commissioner Rademacher concurred with
Commissioner Kirkmeyer and indicated the fence will also diffuse truck headlights and welding
lights on the site.
No public testimony was offered concerning this matter.
In response to Chair Garcia, Commissioner Rademacher indicated the placement of additional
landscaping is at the discretion of the applicant; however, he believes the proposed modification
of Condition of Approval #1.1, to require an irrigation schedule, is not necessary. He clarified he
understands the need for the applicant to provide the source of irrigation water, but requiring the
applicant to stick to a specific irrigation schedule is ridiculous. Commissioner Kirkmeyer indicated
if landscaping is deemed appropriate, and the applicant opts to plant additional trees, the proposed
language should state that an irrigation plan will be required, if appropriate. Mr. Gathman
recommended the proposed language for Condition of Approval #1.1 be further modified to remove
landscaping references, to indicate that the applicant shall submit a Screening Plan, and that an
Irrigation Plan, if appropriate, be submitted. Chair Garcia indicated the references to landscaping
should be removed throughout the document, including within Development Standard #30. In
response to Commissioner Conway, Mr. Barker read the modified proposed language for Condition
of Approval #1.1, to state, "The applicant shall submit a Screening Plan to the Department of
Planning Services for review and approval. The plan shall address screening of the facility from
the residences to the south and west of the site. If the Screening Plan includes landscaping, an
Irrigation Plan shall be submitted with the Screening Plan, outlining the source of irrigation and
irrigation schedule for the landscaping to be installed on the site." The Board concurred with the
modified language, as proposed by Mr. Barker. Further responding to Chair Garcia, the Board
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concurred with the addition of new Development Standard #31, as listed within Exhibit D. (Clerk's
Note: The language contained within new Development Standard #31 is already listed within the
Resolution as Development Standard #25, therefore, the language will not be duplicated as
Development Standard #31 within the Resolution). Mr. Gathman reiterated the request for the
deletion of Development Standard #23 and Condition of Approval #1.C.5, and the Board concurred
with the request. Ms. Light reiterated the request to add the word "currently' within the first
sentence of Development Standard #7, in order to maintain consistency with other recently
approved facilities. The Board concurred with Ms. Light's request, as well as the deletion of
references of "landscaping" within Development Standard #30. (Clerk's Note: Due to the intent of
the Board to remove references of "landscaping," and the approval of Condition of Approval #1.1
to indicate a Screening Plan, Condition of Approval #1. C.2 will be modified to state, 'The approved
Screening Plan.)
In response to Commissioner Kirkmeyer, Mr. Gathman indicated the Galeton Fire Protection District
may not require any type of permit for construction plans, and the applicant is required, through
Condition of Approval #5.E, to provide a letter indicating which permits, if any, are required.
Commissioner Rademacher indicated he does not concur with Development Standard #40,
prohibiting the use of "fake brakes" on the large trucks, since most trucks now contain mufflers for
the "jake brakes." Responding to Commissioner Rademacher, Mr. Gathman confirmed the
language within Development Standard #40 was added by the Planning Commission.
Commissioner Rademacher indicated he prefers to delete the language entirely, since over
90 percent of the trucks traveling to the site will most likely have mufflers; however, he does
understand that the site is in close proximity to the Townsite of Barnesville. In response to
Commissioner Kirkmeyer, Mr. Gathman confirmed the nearest residence to the west is
approximately 500 feet. Commissioner Long indicated one of the surrounding property owners
recently received approval of a USR permit for truck parking, and the USR did not contain
restrictions for the use of the "jake brakes," therefore, it is unfair to place restrictions on this permit.
In response to Commissioner Rademacher, the Board concurred with the deletion of Development
Standard #40.
Responding to Chair Garcia, Mr. White expressed his concerns regarding the requirement of the
installation of a septic system. He clarified he understands that the requirement is standard;
however, he is unsure of the exact standards of where the septic system may be installed. He
confirmed if he has to provide the funds to install the system, he would like the system to be able
to be utilized for future uses of the property. Ms. Light confirmed that if the uses on the site are
modified in the future, the septic system could still be utilized once a review from the Department
of Public Health and Environment indicates the uses are compatible with the size of the system.
In response to Mr. White, Commissioner Kirkmeyer indicated there are specific requirements
regarding the location of the leach field, and the minimum distance from water wells, etcetera;
however, the applicant will have some flexibility in the placement of the septic system.
Commissioner Rademacher indicated the site will only contain two employees, therefore, he
believes portable toilets on the site would be acceptable. Commissioner Kirkmeyer indicated many
truck drivers will be coming to the site throughout the day, which increases the potential for
restroom usage, therefore, she believes the requirement of a septic system should remain in the
Resolution. Responding to Commissioner Long, Ms. Light confirmed the installation of a septic
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system has been required for all other injection well facilities, as well as other for other USR's for
trucking businesses. At the request of Mr. White, Mr. Barker reiterated the modified language
contained within Condition of Approval #1.1 for the record. In response to Chair Garcia, Mr. White
indicated he has reviewed, and concurs with, the Conditions of Approval and Development
Standards, as modified.
Commissioner Long indicated he drives by this property frequently, and has done so for many
years, and he confirmed the applicant has positively impacted the appearance of the site, creating
great value for the surrounding area. He indicated this property is a good location for the proposed
operations.
Commissioner Long moved to approve the request of JLW Investments, LLC, for a Site Specific
Development Plan and Use by Special Review Permit #1679 for an Oil and Gas Support Facility
(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 deletion of
Condition of Approval #1.C.5; the modification of Condition of Approval #1.1 to state, "The applicant
shall submit a Screening Plan to the Department of Planning Services for review and approval.
The plan shall address screening of the facility from the residences to the south and west of the
site. If the Screening Plan includes landscaping, an Irrigation Plan shall be submitted with the
Screening Plan, outlining the source of irrigation and irrigation schedule for the landscaping to be
installed on the site."; the addition of the word "currently" to the first sentence of Development
Standard #7 to state, "No disposal of waste, other than Class II, as currently defined by the
Environmental Protection Agency, is permitted."; the deletion of Development Standard #23, with
the required re -numeration; the modification of Development Standard #30, to remove the
references to "landscaping"; and the deletion of Development Standard #40. (Clerk's Note: The
language contained within the added Development Standard #31 is listed within the Resolution as
Development Standard #25, therefore, the language was not duplicated as new Development
Standard #31 within the Resolution. Due to the intent of the Board to remove references of
"landscaping," and the approval of Condition of Approval #1.1 to indicate a Screening Plan,
Condition of Approval #1. C.2 was modified to state, `The approved Screening Plan.) The motion
was seconded by Commissioner Rademacher, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:50 a.m.
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This Certification was approved on the 2nd day of February, 2009.
APPROVED:
BOARD OF COU► COMMISSIONERS
EI.D C!. T' C• ORADO
ATTEST:
Weld County Clerk to the B
BY:
De Clerk
illiam F. Garcia, Chair
Doug as Ridemache
Sean'. Conway
arbara Kirkmeyer
, Pro-Tem
EXCUSED DATE OF APPROVAL
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1679 - JLW INVESTMENTS, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 01/06/2009)
D. Planning Staff Memorandum, dated 01/28/2009
E. Planning Staff Certification of photo of sign posting
F. Galeton Fire Department Letter, dated 01/28/2009
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