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HomeMy WebLinkAbout20082262.tiff HEARING CERTIFICATION DOCKET NO. 2008-51 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1656 FOR OIL AND GAS PRODUCTION FACILITIES (TWO OIL AND GAS WELLS-AND ANY ADDITIONAL WELLS ALLOWED BY THE COLORADO OIL AND GAS CONSERVATION COMMISSION DRILLED FROM THE SAME PAD,ALONG WITH A TANK BATTERY SITE) IN THE A (AGRICULTURAL) ZONE DISTRICT - GREAT WESTERN OIL AND GAS COMPANY, LLC A public hearing was conducted on August 20, 2008, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Cyndy Giauque Planning Department representative, Chris Gathman Health Department representative, Trevor Jiricek Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated July 7, 2008, and duly published July 11, 2008, in the Greeley Tribune, a public hearing was conducted to consider the request of Great Western Oil and Gas Company, LLC, for a Site Specific Development Plan and Use by Special Review(USR) Permit#1656 for Oil and Gas Production Facilities(two oil and gas wells-and any additional wells allowed by the Colorado Oil and Gas Conservation Commission drilled from the same pad, along with a tank battery site) in the A (Agricultural) Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Chris Gathman, 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 stated the permit will allow the applicant to drill an additional wellhead on the site. He stated the site was originally permitted under USR#1089, for a tank battery and well head at the north end of the site, and this application is proposing an additional well on the south end. Mr. Gathman stated the site is accessed by an existing oil and gas access road extending from the U.S. Highway 85 Frontage Road, and he indicated the location of existing improvements. He stated the site is zoned C-1 (Commercial) on the southern portion, and R-1 (Low-Density Residential) on the northern portion. He explained there are two residences located on the commercial portion of the site, and there is a Condition of Approval which requires the submittal of a Non-Conforming Use Permit to document the existing residences. Mr. Gathman stated staff received one letter of concern from a surrounding property owner regarding the access road, dust, and damaged culverts; however,Condition of Approval#1.1 requires the applicant to submit a Road Impact Plan to address the neighborhood concerns. He submitted a Memorandum, marked 2008-2262 PL1974 CO : Pt, / , HEARING CERTIFICATION - GREAT WESTERN OIL AND GAS COMPANY, LLC (USR#1656) PAGE 2 Exhibit E, regarding the addition of Condition of Approval#2.J to state, "The applicant shall provide evidence that the oil and gas lease has been assigned from Crews and Zeren to Great Western Oil and Gas Company, LLC,"and he displayed photographs of the site and surrounding area. In response to Chair Jerke, Mr. Gathman stated the applicant did request an early release of building permits, which was granted, the neighbors were notified, and the wells have already been drilled, at the risk of the applicant. In response to Commissioner Long, Mr. Gathman stated Condition of Approval #1.B addresses the requirements of the Union Colony Fire Rescue, and additional language has been included to require compliance with the requirements of the City of Greeley, as detailed in a letter dated June 8, 2008, to address the tank inspection and fees. Donald Carroll, Department of Public Works, stated the site is accessed from County Road 41,also known as First Street, or the Frontage Road. He stated it is a local paved road, and Weld County does maintenance north from the curve in the road. He further stated the average daily traffic county is approximately 518 vehicles, traveling north toward the Town of Eaton. Mr. Carroll stated there is an existing driveway, the applicant will need to indicate the type of driveway or easement associated with the access on the plat, the access will be required to be graded and drained to allow all-weather access, and Condition of Approval #1.6 addresses the emergency access requirements. He further stated the Conditions of Approval also address stormwater drainage and regulations regarding berms and spills, and he will verify that the proper permits are in place, since the wells have already been drilled. Trevor Jiricek, Department of Public Health and Environment, stated this is a standard application, and the only additional requirement is the submittal of a Dust Abatement Plan; however, since the wells have already been drilled, that requirement may not be necessary. He noted the facility will also be required to comply with state and federal oil and gas regulations. Bill Crews, Crews and Zeren, represented the applicant and thanked the Board for approving the early release of building permits, as it resulted in a savings of$30,000.00. He stated both wells have been drilled and completed,and all of the Conditions of Approval and Development Standards have been met, unless there are additional requirements from the Fire Protection District or the Department of Public Health and Environment. In response to Commissioner Rademacher, Mr. Crews stated the Final Inspection Plan has not yet been completed with the Fire Protection District. Responding to Commissioner Masden, Mr. Crews stated the applicant is adding one well and, under the 318AE Rules, the applicant would be allowed to come back in and drill additional directional wells within 50 feet of the existing wellheads; however, the subject wells are standard straight wells. Mr. Carroll stated the site is within the 100 and 500 year flood zones, and at the request of the Department of Public Works, the applicant did shift the separator to the south, out of the 100-year floodplain. Mr. Crews stated the applicant's engineer has documented the before and after elevations, and in response to Chair Jerke, Mr. Crews stated he and the applicant have reviewed, and agree with, the addition of Condition of Approval #1.J. He further stated applicant does not represent the owners of the residences to the south, therefore, he requested Condition of Approval #1.E be deleted and that the County work directly with the property owner. Mr. Gathman and the Board concurred. 2008-2262 PL1974 HEARING CERTIFICATION - GREAT WESTERN OIL AND GAS COMPANY, LLC (USR#1656) PAGE 3 No public testimony was offered concerning this matter. In response to Chair Jerke, Mr. Crews stated he and the applicant have reviewed, and concur with, the Conditions of Approval and Development Standards, as proposed and modified. Commissioner Masden moved to approve the request of Great Western Oil and Gas Company, LLC, for a Site Specific Development Plan and Use by Special Review Permit#1656 for Oil and Gas Production Facilities(two oil and gas wells-and any additional wells allowed by the Colorado Oil and Gas Conservation Commission drilled from the same pad, along with a tank battery site) 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.E, and the addition of Condition of Approval#1.J to state, "The applicant shall provide evidence that the oil and gas lease has been assigned from Crews and Zeren to Great Western Oil and Gas Company, LLC." The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 10:45 a.m. This Certification was approved on the 25th day of August, 2008. APPROVED: BOARD OF COUNTY COMMISSIONERS Ella WELD COUNTY, COLORADO ATTEST: Emil Nil m H. Jerke, Chair Weld County Clerk to they kw- A R 0. LiCtet Robert D. 2nroTem Board i(ljt Garcia avid E. Long ac Douglas ademach r 2008-2262 PL1974 EXHIBIT INVENTORY CONTROL SHEET Case USR#1656 - GREAT WESTERN OIL AND GAS COMPANY, LLC Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. 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