HomeMy WebLinkAbout20072231.tiff STATE OF COLORADO
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
June 7, 2007 Tape #2007-16
RE: Site Specific Development Plan and Use by
Special Review Permit #1604 for an Oil
and Gas Support Facility (Class II Oilfield
Waste Disposal Facility) in the A (Agricultural)
Zone District - Marcum Midstream 1995-2 Business Trust
TRANSCRIPTION OF TAPE RECORDED PROCEEDINGS
The Board of County Commissioners of Weld County, Colorado
met in regular session in full conformity with the laws of
the State of Colorado at the Weld County Centennial Center,
Greeley, Colorado at 10 : 00 a .m. , June 7 , 2007 .
COMMISSIONER ATTENDANCE
WILLIAM H. JERKE, Chair Pro-Tem
WILLIAM F. GARCIA
ROBERT D . MASDEN
DOUGLAS RADEMACHER
DAVID E . LONG, CHAIRMAN - EXCUSED
STAFF PRESENT
JENNIFER VANEGDOM
_ Acting Clerk to the Board
CYNDY GIAUQUE, Esq.
Assistant Weld County Attorney
KIM OGLE
Planning Department Representative
TREVOR JIRICEK
Health Department Representative
JESSE HEIN
Public Works Representative
USA 114
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2007-2231
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APPLICANT
DALE BUTCHER
Representative for the Applicant
SPEAKING TO THE HEARING CERTIFICATION
JOAN CAMP, representing Melvin J. Camp
adjacent landowner .
NANCY FRASE, Frase Consulting Group
Representing 16 surrounding property owners .
KEVIN BRUNSON, adjoining landowner .
MELVIN J. CAMP, pro se .
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1 [The tape recorded Weld County Board of
2 Commissioners meeting, as set forth on page one, is
3 transcribed as follows : ]
4 COMMISSIONER JERKE : Good morning. The Weld
5 County Commissioners will come back to order today on June
6 6th, 2007 . We' re here for the purpose of planning cases .
7 We' ve got a couple of land use cases up before us .
8 Let me first off start off with the roll call .
9 MS . VANEGDOM: Bill Garcia - present ; Rob
10 Masden - here; Doug Rademacher - here; Bill Jerke - here;
11 Dave Long - (no audible response . )
12 COMMISSIONER JERKE : Okay. Four out of five of
13 us are here . Commissioner Long is not able to be with us
14 today. He is on important county business outside the
15 county, so he is excused this morning .
16 First off will be Docket 2007 , number 43 .
17 Counsel , would you make record for us?
18 MS . GIAUQUE : Yes . This is docket 2007-43 . The
19 applicant is Marcum Midstream, 1995-2 Business Trust , care
20 of Dale Butcher, 8203 West 20th Street , Suite A, Greeley,
21 Colorado 80634 .
22 (Clearing throat) Excuse me .
23 The request is a Site Specific Development Plan
24 and Use by Special Review Permit #1604 for an Oil and Gas
25 Support Facility, Class II Oilfield Waste Disposal Facility
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1 in the A (Agricultural) zoned district .
2 Legal description is the south half of the
3 southeast quarter of section 30 , Township 3 north, Range 65
4 West of the 6th Principal Meridian, Weld County, Colorado .
5 It ' s located west of and adjacent to County Road 39 , and
6 approximately two miles south of County Road 32 .
7 The Notice was dated May 18th, 2007 , and it was
8 published May 23 , 2007 in the Fort Lupton Press .
9 COMMISSIONER JERKE : Okay. First we need to have
10 the applicant come forth, if we could. Hi , Dale, how are
11 you today?
12 MR. BUTCHER : Good morning .
13 COMMISSIONER JERKE : We need to inform you that
14 we only have four members present . And counsel , if you' d
15 like to go over with Dale what his options are on this ,
16 that would be great .
17 MS . GIAUQUE : Sure . Because there are only four
18 members present instead of the five, which would be the
19 full complement , you need to know that in order to have
20 your application approved, you still would require a vote
21 of three out of the four that are here . In case of a tie,
22 they would ask the fifth commissioner to review the tapes,
23 but otherwise not .
24 And so you have the option of going forward this
25 morning, or you can ask for a continuance until five
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1 are here .
2 MR. BUTCHER : I prefer to go forward.
3 COMMISSIONER JERKE : Why don' t you go ahead and
4 identify yourself for the tape .
5 MR. BUTCHER: My name is Dale Butcher, 8203 West
6 20th Street , Greeley, Colorado . I represent the applicant ,
7 and I would like to go forward today.
8 COMMISSIONER JERKE : You want to have it heard
9 today. Okay. Thank you.
10 Okay. We' ve had the record, and the applicant
11 has agreed to hear it . Kim, are you presenting the case?
12 MR. OGLE : I am.
13 COMMISSIONER JERKE : Proceed.
14 MR. OGLE : Thank you. Kim Ogle, Department of
15 Planning Services . This application is USR 1604 , for
_ 16 Conquest Oil Company, who are represented by Dale Butcher
17 on approximately 34 acres of an 80-acre parcel in the A
18 (Agricultural) Zone District .
19 The site is located west of and adjacent to
20 County Road - - and approximately two miles south of County
21 Road 32 . The property is outside a three-mile referral
22 area of any other municipalities .
23 It ' s application is for a new facility having 11
24 tanks and one building for the pumps and office . There are
25 normally two employees on site when accepting trucks , which
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1 is from 7 : 00 a .m. to 10 : 00 p .m. daily. On average 15
2 different transport trucks weighing up to 40 tons will
3 visit the facility approximately four times each day.
4 Surrounding lands are predominantly agricultural
- 5 with single family residence, especially with agricultural
6 in the immediate vicinity. Large agricultural trucks and
7 limited record- - - excuse me - - large agricultural tracks
8 and limited record exemption parcels are prevalent for
9 the area .
10 A commercial well provides potable water for this
11 facility, and the Health Department is requiring an ISDS
12 septic system to handle the effluent flows .
13 Primary access is from County Road 39 , a local ,
14 paved two-lane road. The primary haul route will be from
15 County Road 39 in heading north or south. Internal roads
16 in the facility are to be graveled and graded.
17 Sign for today' s hearing was posted at least
18 ten days prior to this hearing by staff , as evidenced by
19 affidavit and a photograph on the table in front of the
20 attorney.
21 Ten referral agencies reviewed the case, and nine
22 offered comments on specific conditions . There have been
23 no letters received from surrounding property owners prior
24 to the planning commission hearing . However, one individual
25 reviewed the case file twice before the planning commission
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1 hearing .
2 And we've received -- staff has received one
_ 3 letter from Nancy Frase, a consultant , who is representing
4 some of the surrounding property owners . That particular
5 letter is identified as Exhibit F in your data file .
6 There are oil and gas encumbrances on the
7 property. Kerr-McGee operates an oil and gas facilities .
8 They' ve submitted a letter that they are working on an
9 agreement , but has not been finalized as to its time .
10 Staff has required the applicant either to submit
_ 11 a copy of the agreement with the property' s mineral owners
12 indicating that the gas activities have been addressed or
13 show that the drill envelopes are on site .
14 Staff is also in receipt of several electronic
15 mailings from Kerr-McGee and Adarko, in the applicant' s
_ 16 represented concerning this facility.
17 The Planning Commission recommends approval of
18 the application with attached Conditions or Proven
19 Development Standards .
20 And Trevor is here with the Health Department and
21 Jesse' s here with Public Works . Glad to answer questions .
22 COMMISSIONER JERKE : Any questions for Kim?
23 Commissioner Rademacher.
_ 24 COMMISSIONER RADEMACHER : Thank you, Mr . Chairman.
25 Kim, how many acres does this include?
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1 MR . OGLE : It ' s a total of 80 acres .
2 COMMISSIONER RADEMACHER : 80 acres .
3 MR. OGLE : And the applicant has come back in
4 and has applied for a recorded exemption, which has been
5 approved, but not recorded yet , for a 34 acre parcel of
6 which this facility will sit on.
7 COMMISSIONER JERKE : Kim, to help fix this in my
8 mind, is this or is this not where we' d had an earlier
9 application for a horse racing facility?
10 MR. OGLE : It is the exact same site .
I1 COMMISSIONER JERKE : It is the same site . Okay.
12 So it' s down there at the corner before County Road 39
13 would head east .
14 MR . OGLE : Correct . It ' s at the intersection
15 just north of - -
16 COMMISSIONER JERKE : On the west side of the road.
17 MR . OGLE : -- County Road 28 , section line . Yes .
18 COMMISSIONER JERKE : That' s helpful . And then
19 who is actually the owner? The fee owner now is Marcus
20 Midstream; is that accurate?
21 MR . OGLE : It is .
22 COMMISSIONER JERKE : So there has been a real
23 estate transfer since the time of the earlier application
24 for another purpose .
25 MR. OGLE : Correct .
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1 COMMISSIONER JERKE : Okay. Other questions for
2 Kim? Thank you. Okay. Next we' ll go ahead and move on to
3 Health. Trevor .
4 MR. JIRICEK: Trevor Jiricek, Department of
5 Public Health and Environment . I ' d just like to mention
6 we' ve worked with this particular applicant on several
7 similar facilities in our county. I think this would be
8 the fifth injection well that they op- - - they would
9 operate .
10 This operator has set the standard in our county
11 for design and operation, and we have asked that this
12 facility be constructed. And they obviously have agreed to
13 construct and operate in - - similar to the others , which
14 means concrete tank berms holding 150 percent of the
15 largest tank, concrete unloading pads to limit spills and
16 transfers .
17 They' ve been good operators in the past , and
18 expect that they' d continue into the future . I ' d be glad
19 to answer any questions .
20 COMMISSIONER JERKE : Questions for Trevor?
21 MR . JIRICEK: We do -- just to follow up - - we do
22 inspect these facilities quarterly, just as a matter of
23 practice, and I think the Oil and Gas Commission gets
24 around about annually. So we work with them on routine
25 inspections and compliance issues .
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1 COMMISSIONER JERKE : Any questions?
2 COMMISSIONER RADEMACHER: I do have one .
3 COMMISSIONER JERKE : Commissioner Rademacher .
4 COMMISSIONER RADEMACHER: I ' m just curious . Do
5 you have any monitoring wells for ground water on any of
6 these facilities?
7 MR. OGLE : Yes . It is a requirement of this
8 land-use permit .
9 COMMISSIONER RADEMACHER: Okay.
10 MR. OGLE : Which -- and that plan would be
11 reviewed both by our department and the Oil and Gas
12 Commission.
13 COMMISSIONER JERKE : Further questions? Okay.
14 We' ll move on to Public Works . Jesse .
15 MR . HEIN: Good morning, Commissioners . Jesse
16 Hein with the Department of Public Works . As Kim
17 mentioned, the site is west of the (inaudible) and 39 is
18 right here . It' s a collector status road requiring 80 feet
19 of right-of-way and this is the proposed entrance for the
20 site . That is the corner where it heads straight east on
21 County Road 28 . There' s another local paved roadway.
22 There are some safety issues with that
23 intersection, but they've placed the access far enough away
24 from that intersection to alleviate any of those concerns .
25 We had some questions with the access into the site, and
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1 we' ve - - asking for a new entrance detail showing that --
2 adequate vehicle staging going into the site, and pavement
3 of that entrance 90 feet going into the site to protect the
4 county roadway.
5 So prior to recording the plat , we've asked
6 for a detail to be shown of that entrance and also of the
7 parking and circulation plan.
8 The applicant has also agreed to off-site
9 improvements adding acceleration and deceleration lanes to
10 the site, based on the background traffic and the added
11 trucks to the site . I ' d be happy to answer any questions .
12 COMMISSIONER JERKE : Questions for Jesse? Not
13 right now. Thank you .
14 Okay. I guess it ' s time for the applicant to go
15 ahead and come on up and make their presentation. Please
16 go ahead and state your name again right away, Dale, to get
17 us started appropriately.
18 MR . BUTCHER : Good morning. My name is Dale
19 Butcher. I ' m the president of the Marcum Trust ; the vice-
20 president of Conquest Oil . Our address is 8203 West 20th
21 Street , Suite A, in Greeley.
22 In 1993 we started this business with one well ,
23 and replaced - - basically put a couple companies out of
24 business that were disposing of the water on the surface,
25 and basically evaporation ponds . With - - well , the way we
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1 do this is much more environmentally satisfactory than
2 dumping it on the surface .
3 This will be our sixth well , at five facilities .
4 As you know, oil and gas is very important to Weld County.
5 I think the tax base of Weld County, the oil and gas
6 portion of that is over 40 percent .
7 Some rural school districts receive more than 75
8 percent of their revenues from oil and gas . And it ' s very
9 important to that industry that what we do continues to
10 provide as much capacity as the industry needs . And we are
11 at the point where we need another facility.
12 I won' t go on. If you have any questions or
13 comments , I ' d be happy to comment .
14 COMMISSIONER JERKE : Questions for Dale?
15 Commissioner Masden?
16 COMMISSIONER MASDEN: Thank you, Mr . Chairman.
17 Dale, how many barrels of water do you guys inject every
18 day? Do you know right offhand?
19 MR. BUTCHER : Between 20 and 30 thousand. On the
20 average it' s probably in the low 20 ' s because we' ve very
21 busy during the week and not so busy during the weekends .
22 COMMISSIONER MASDEN: And you provide those
23 services for all the different companies in the area?
24 MR . BUTCHER : We are the primary provider of this
25 service to all of the companies in the area . I think the
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1 only company we do not provide this service for is K. P .
2 Kaufman, and they have their own well .
3 COMMISSIONER MASDEN: All right . Thank you.
4 COMMISSIONER JERKE : Further questions? Dale, I
5 guess I ' m curious about the future of the facility at 40
6 and 39 . It would appear to be just four miles away.
7 MR . BUTCHER : Four or six? Six miles away,
8 I think.
9 COMMISSIONER JERKE : Is it - - it' s at 32 and 39 .
10 MR. BUTCHER : This is at 28 - -
11 COMMISSIONER JERKE : So it' s two miles south of
12 32 ; it' s 28 .
13 MR. BUTCHER: - - and 39 , right?
14 COMMISSIONER JERKE : Okay. So it ' s six miles away.
15 MR . BUTCHER: Right .
16 COMMISSIONER JERKE : Do you continue to -- or is
17 it your expectation to keep the other facility open, then,
18 if --
19 MR. BUTCHER: We will keep it open but -- that
20 facility, the existing one at 39 and 40 is our busiest
21 facility. And it is at its max capacity. And this will
22 alleviate and -- alleviate some pressure on that well . But
23 we intend to keep that well operational .
24 COMMISSIONER JERKE : Okay. I was just curious ,
25 because they seem to be in relatively close proximity --
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1 MR . BUTCHER : That' s --
2 COMMISSIONER JERKE : - - for trucking purposes and
3 cost of doing business for all the people bringing you
4 those fluids .
5 MR. BUTCHER: This is where they want -- this is
6 where our customers want another facility.
7 COMMISSIONER JERKE : Okay.
8 MR. BUTCHER: This is where most of the action is .
9 COMMISSIONER JERKE : Thank you . Other questions?
10 Thank you, Dale . You' ll have an opportunity to respond
11 later to any public comment as well .
12 MR. BUTCHER: Thank you.
13 COMMISSIONER JERKE : This is a public hearing,
14 and we will at this time go ahead and open it up to the
15 public . Come on up and testify if there' s anyone out there
16 that wants to go ahead and testify on this . This is your
17 opportunity.
18 MS . CAMP : Hello .
19 COMMISSIONER JERKE : Please state your name,
20 first .
21 MS . CAMP : Joan Camp . P .O . Box 127 , Platteville,
22 Colorado 80651 - - P . O . Box 127 . My father has decided that
23 he would not speak today so I ' m speaking, really, on his
24 behalf .
25 He is, along with his niece - - they are co-owners
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1 of property which is adjacent to the west which -- what is
2 that? 30 - - is that 31? 31 , isn' t it? Section 31 .
3 Anyway, it ' s adjacent to that , and it extends on down
4 toward the south.
5 I ' m very pleased that you' re not going in on 28 ,
_ 6 or plan on not going in on 28 , but I feel that there are
7 some other concerns as well , even though you seem to have
8 resolved that problem.
9 The first one being -- I have some real concerns
10 about the water situation out there . I would like to have
11 a response to this question: how deep are you going? To a
12 second question: what is going to be the effect to the
13 water in long term? And the third comment - - third - -
14 well , responding to the second question, a comment on that ,
15 and basically a request , and that is , I think you should
16 provide all of us some kind of information on your studies
17 that you have discovered relating to water, and perhaps
18 other natural resources, also, if this goes in out there .
19 Now, perhaps you've done this on other locations .
20 I have no idea .
21 Number two : the facility on 39 six miles north,
22 is very unsightly. For some unknown reason, was placed
23 behind a residence that was there at that time . Whether
24 they were not verbal or whether they didn' t know about it ,
25 I don' t know. But anyway - - and I don' t know who they are .
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1 I ' m just speaking on - - from my behalf here, and my
2 father' s behalf .
3 But I have some real questions about , it is
4 unsightly; it is very noisy, and we all know about the
5 traffic problems that can occur on a county road.
6 I guess, thirdly: we don' t want you there . So
7 if that counts for anything at all , we' re opposed to it .
8 There' s enough land out there that we lease that
9 out currently, since dad is retired. He is Melvin J. Camp,
10 by the way. He is retired from farming and ranching and
11 beef cattle .
12 There' s pasture land, which is leased. There is
13 only one water source out there currently, not counting a
14 ditch that flows through, which is very questionable, as to
15 sometimes there' s water; sometimes there isn' t .
16 I may have left something out . But I want to go
17 on record as opposing this entirely, and I think this would
18 be a gross misjustice of natural , environmental , human,
19 traffic - - you name it . We could go on and on and on.
20 Thank you very much.
21 COMMISSIONER JERKE : Okay. Do we have questions?
22 Seeing no questions , thank you. Anyone else want to
23 testify?
24 MS . FRASE : Good morning. I ' m Nancy Frase, Frase
25 Consulting Group, Incorporated, out of Fort Collins . My
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1 address is 2212 Vermont Drive, Number 3-206 , Fort Collins ,
2 Colorado 80525 . I 'm speaking on behalf of 16 families who
3 live from Road 28 north to the Pelican Lake Ranch
4 Subdivision, and on both sides of the road.
5 The neighbors have invested blood, sweat, tears ,
6 time, money, to create safe and peaceful shelters for their
7 families . This industrial use is at odds with the current
8 and future residential development .
9 The size of the development and commercial
10 appearance of it creates an eyesore . The noise from the
11 trucks , 60 trips a day from early to late seven days a
12 week, creates a noise issue; the noise from the pumps ,
13 which would be likely be running 24 hours , seven days .
14 There' s possible environmental contamination,
15 despite tight controls , especially concerning the well
16 water . And it does affect property values .
17 Who wants to live near this? For example, the
18 Brunson' s , who live on the property straight to the north,
19 have thought about subdividing and selling off a piece of
20 the property that' s on the southeast corner of their
21 property. However, that would be right next to the
22 facility, and that is no longer an option for them.
23 So neighbors do feel that this is absolutely
24 incompatible with this area, and they ask that you deny.
25 Now, if you cannot see your way to deny this ,
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1 then the neighbors are requesting the following . Based on
2 meetings between the neighbors and the applicant , including
3 a tour and several phone calls and meetings , we have agreed
4 on four points . The applicant has agreed to this , and we
5 would like for these to be added formally to the
6 development standards .
7 Number one : that they would plant and maintain
8 trees along the entire northern border of the 80 acres and
9 not just the 35 acres .
10 Number two : move the pump house garage doors
11 from the north and south sides to the east and west sides .
12 It' s my understanding that the blueprints have actually
13 been changed. We do appreciate that greatly because I know
14 it costs them extra money to change those blueprints .
15 Number three : that the west pump house garage
16 doors to be kept closed the vast majority of time, because
17 it would be used mainly to get a loader or some kind of
18 equipment in there to move the pumps .
19 Number four : no use of jake brakes by trucks
20 coming into the facility. Obviously this would be the
21 jake brakes on the - - on the roads , on the public roads ,
22 and obviously they can' t control everybody coming down
23 the road, but at least their trucks would not add to
24 that issue .
25 Then we have five requests that we were not able
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1 to come to agreement with the applicant , and we ask that
2 you impose these requirements and add them to the
3 development standards .
4 Number five : that the stop - - to stop the truck
5 unloading by 7 : 00 p .m. They don' t have an issue with the
6 truck unloading starting as early as 6 : 00 a .m. , because
7 they are agricultural people; they get up very early. They
8 just would like to be able to go to bed without having to
9 deal with that noise .
10 Number six: to put a 10-foot fence along the
— 11 entire northern border of the 80 - - of the 80 acres,
12 preferably tan vinyl , if they have a preference .
13 Number seven : no use of the unimproved section
14 of Weld County Road 28 running along the southern edge of
15 the property by trucks coming into the facility. So this
16 would be from that intersection, that main intersection
17 there, that would be the stretch to the west going through
18 the Camp' s property.
19 That is an unimproved road right now. It' s used
20 for gas and oil , and it is gated. Supposed to be locked;
21 the lock gets cut on a regular basis .
22 But if we brought in 60 loads, or even a portion
23 of those trucks through that road, it ' s going to make it
24 very impassable very quickly.
25 And by the way, that is one that we did not bring
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1 up to them. That' s one that just came to my attention in
2 the last day or two, so they have not had an opportunity to
3 respond to that .
4 Number eight : compliance with state laws on
5 maximum permissible noise levels in residential zones of 50
6 to 55 decibels on the northern border of the property. So
7 I understand that you' re looking at industrial standards
8 for the site in general . We' re asking, as far as the
9 northern property - - northern edge of the property goes to
10 drop that down to the 50 , 55 , and that would include the
11 use of trees and fence that we mentioned earlier .
12 Number nine : pavement on the entire length of
13 the driveway, not just the first 90 feet , from Weld County
14 Road 39 to the truck off-road pad. Because with that many
15 trucks going on the gravel road, that ' s going to stir up a
16 lot of dust and create a lot of issues .
17 There are two other issues that we would like to
18 call to your attention. We don' t have specific requests
19 around them, but we just would like further review by the
20 county on them.
21 So request number ten is that the road design of
22 the corner, the property' s ingress/egress emergency roads,
23 and most importantly acceleration and deceleration lanes
24 in both directions , ` cause I ' m not sure if that' s been
25 included. I know that' s kind of been up in the air, and so
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1 that was something that we would just like some additional
2 review on.
3 And number eleven: concerning the fugitive dust
4 management plan for during construction and during
5 operation, we felt that that plan has not been well
_ 6 developed at this point , and we would like a better
7 development and better review. Maybe the use of mag
8 chloride and the planting of vegetation, especially where
9 construction disturbs the sand.
10 And I ' ve been involved in discussions where the
11 neighbors are trying to figure out what to get to grow
12 there, because it ' s very hard to get grass to grow. So I
13 just think it needs further review.
14 Do you have any questions for me?
15 COMMISSIONER JERKE : Any questions from the
16 board. I guess the only question, you have made most of
17 these requests, I guess, available to the applicant?
18 MS . FRASE : Except for the one I pointed out .
19 COMMISSIONER JERKE : Okay. So that their
20 understanding of those, and they can potentially respond to
21 the kinds of things that they had been working on with you?
22 MS . FRASE : We provided those to them about a
23 month ago in writing --
24 COMMISSIONER JERKE : Okay.
25 MS . FRASE : - - and in a meeting -- verbally.
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1 COMMISSIONER JERKE : Good enough. Okay. Further
2 questions?
3 MS . FRASE : Thank you.
4 COMMISSIONER JERKE : Thank you, Nancy. Would
5 anybody like to go ahead and testify on this? This is your
6 only chance, it' s public hearing . Going, going, it' s gone .
7 (Inaudible comment)
8 Oh, saved by the bell . Just come on up and state
9 your name and then present .
10 MR . BRUNSON: Good morning. My name is Kevin
11 Brunson. I ' m the person that lives right next door to this
12 upcoming facility, 13471 Weld County Road 39 .
13 I just wanted to tell the board real quick - -
14 (clearing throat) excuse me - - that we would really, really
15 appreciate in your consideration on Nancy requests . I
16 won' t go in and repeating all of them for time' s sake . And
17 we' d really appreciate it, mainly the time change from 7 : 00
18 in the morning to 10 : 00 at night with all the trucks would
19 be - - I can' t even describe how disruptive that would be,
20 but we' d really appreciate your consideration on this
21 matter . Is there any questions?
22 COMMISSIONER JERKE : Any questions? Seeing none,
23 thank you.
24 MR . BRUNSON: Thank you.
25 COMMISSIONER JERKE : Would anybody else like to
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1 go ahead and testify? It' s your final chance . Going,
2 going, gone . Did it quicker this time .
3 Okay. At this point , we go ahead and ask for the
4 applicant to come back up, and to give them an opportunity
5 to go ahead and respond to concerns that have been brought
6 up along the way. First , Dale, do you have a copy of this
7 neighbor' s request? These - - good.
8 MR. BUTCHER: Dale Butcher, Conquest Oil Company.
9 I ' ve made a list of some of the things that were said, or
10 all of the things that were said. And I ' ll try to be brief
11 and concise, and explain better what we do .
12 How deep are the wells? They' re about 10 , 000
13 feet deep . And we put the water under pressure - - we use a
14 pump and pump it down the - - down the well to a formation
15 called the Lyons formation. It is about 100 feet thick and
16 goes from, in every direction from here, a long, long way.
17 It ' s dry and it' s just sand. It is - - there is a granite
18 barrier above it , and a granite barrier below it .
19 When we get our permits from the Oil and Gas
20 Commission, they give us limits as to how much pressure
21 under which we can put this water in the ground. And
22 that' s determined by a scientifically determined frac
23 gradient , fracture gradient, which means they determine at
24 what point would that pressure that we' re putting the water
25 in cause the water to either break out at the top or break
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1 out the bottom. Scientifically determined - - and we
2 certainly can' t pump at any pressure near that level .
3 When we drill the well , we put the casing in.
4 The casing is about - - I forget - - seven inches in
5 diameter . And then we cement the back of the well , behind
6 the casing from the bottom of the formation that we' re
7 injecting into clear to the surface .
8 And then when that is done, they do what they
9 call a bond log . They go in and see - - to make sure that
10 the cement has bonded to the casing, so that there' s no
11 gaps and such.
12 Then inside the casing we put tubing. So I guess
13 what I ' m trying to tell you is that groundwater is
14 protected by, first of all , the tubing . That ' s where we
15 put the water .
16 Then there' s a hole - - there' s a space between
17 the tubing and the casing, and we monitor the pressure of
18 that space . That space shouldn' t have any pressure in it .
19 If it does have pressure in it , that means that water is
20 getting out of the tubing into the casing . If that
21 happens , the state has requirements that we shut down
22 immediately and figure out what happened.
23 If for some reason that happens, then the casing
24 would have to fail , and then the cement would have to fail ,
25 for any of this water to get out of the containment that
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1 we've built up to prevent it from getting out . So there' s
2 several - - several fail safes , I guess you' d call it .
3 And so we are very comfortable that your
4 groundwater is protected.
5 We monitor - - we have four - - at all of our
6 facilities , we have at least four monitoring wells that
7 monitor the immediate subsurface water at 30 or 40 feet ,
8 or whatever . And that' s checked generally every three to
9 six months .
10 And we have environmental engineers that come in
11 and take the tests . We don' t touch it . They determine
12 which way - - which direction the water is flowing
13 underneath our facility. They can check the monitoring
14 well that is at the beginning of our facility, where the
15 water initially starts to flow under, and they can check
16 the one at the other end and see if the water is being
17 contaminated between the time it approaches our facility,
18 and the time it leaves our facility.
19 So if we are contaminating that water, we would
20 know it very quickly. And if we were contaminating it ,
21 immediately we would shut down the facility and determine
22 what the problem was . Fix it before we would continue to
23 operate .
24 So the facility that you indicated at Roads 39
25 and 40 is unsightly. We bought that facility from another
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1 gentleman who had built it . And frankly, if we had built
2 it , we wouldn' t have built it that way, and we probably
3 wouldn' t have built it there .
4 But it was there . It' s legally there . We meet
5 all the standards of the county. So I can understand, to
6 some degree, saying that it ' s unsightly.
7 Traffic - - every truck that will come to this
8 facility, this new facility is already on the road going
9 somewhere, and it' s traveling a longer distance to get to
10 one of our other facilities than it will to travel to this
11 facility. So this facility will reduce truck mileage
12 travel and the water disposal activities of our customers .
13 I want to tell a quick story, and I ' m not going
14 to use the gentleman' s name . But when we did our first
15 facility, the gentleman who lived immediately north of us ,
16 much closer than anybody lives to this facility, came to
17 me after it was approved, when he evidently fell asleep at
18 the switch and didn' t make his protests known at the right
19 time, and he was - - he came into my office and he was angry
20 with me, telling "You' re going to ruin this neighborhood, "
21 and we were going to cost him all this money. His house
22 wasn' t going to be worth anything .
23 And he said, "I ' ll sell you my house for X, right
24 now. " Should have done it , but I said, "You know, I really
25 can' t do that right now, but I ' ll keep that in mind. "
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1 So a year later, we decided we wanted to buy that
2 house, and I went and said, "We' re ready to buy that
3 house . " He goes , "Good, I want two X . " I said, "What do
4 you mean, you doubled the price . " He said, "You guys are
5 really good neighbors . " He did. And so we' ve been his
6 neighbor for fourteen years . Jim sees him occasionally.
7 I don' t think we' re going to be bad neighbors .
8 And if we are, we want you to talk to us, and if we don' t
9 give you satisfaction, you' ve got lots of regulators
10 sitting here who will listen.
11 Talk about this being an industrial use, and with
12 all due respect , I was out there at the - - at our location
13 the other day and drove around. And I took some pictures .
14 I don' t particularly want to show the pictures , but we' ve
15 got turkey ranches , salvage yards , tire mountain -- I
16 forget what else -- all within a half a mile of our
17 facility. So it already is, to some extent an industrial
18 area . It is .
19 I guarantee you that our facility will look
20 better than any of those other facilities I just mentioned.
21 Noise : within our USR application, I think it
22 says that we are required to maintain less - - a noise level
23 of less than 70 decibels . We will . We do at all of our
24 other facilities .
25 And we have people who live closer to our other
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1 facilities than -- much closer, than what these people
2 closest , with all due respect , to our new facility.
3 I was out there the other day, and I ' m a golfer,
4 and that ' s at least a long par four from where we' re going
5 to build our facility to the nearest home . That' s 12
6 hundred feet , maybe a thousand feet . We have -- the
7 gentleman that wanted to sell me his house probably lives
8 300 feet from - - 350 feet from our well .
9 So I don' t think - - we will - - we will comply
10 with the laws as far as noise goes . And we will do
11 anything we can to mitigate the problems that it might
12 cre- - - cause for our neighbors .
13 Now, I think I ' ve addressed most everything you
14 said, and I ' m going to try to address what Ms . Frase said.
15 FEMALE VOICE : How about long term water - -
16 COMMISSIONER JERKE : We've got - - we don' t want
17 to have questioning at this point , so please refrain from
18 comments from the audience . Okay? Thank you .
19 MR. BUTCHER : The four items that we' ve agreed to
20 with the neighbors are fine . We are going to plant mature
21 trees . I can - - we' ll plant , you know, two or three foot
22 trees , and make sure they live . So I think everything else
23 that we' ve agreed to is fine .
24 Stop unloading trucks by 7 : 00 p .m. is - - is
25 unreasonable and not acceptable . Our trucks - - our
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1 trucking companies spend the morning filling their - - not
2 our - - our customer' s trucking companies spend the morning
3 filling up their trucks, and then they start bringing it to
4 us . We don' t start getting busy until early afternoon. So
5 I don' t - - I don' t think that ' s acceptable .
6 Let' s see . A ten-foot fence, you know, that' d be
7 a pretty darn expensive fence, and I don' t know that it
8 needs to go the entire north end of our property. We can,
9 you know - - what I ' d like to see happen is - - have you
10 approve the USR as we' ve -- we' ve agreed in that respect ,
11 and then if - - you know, if it becomes a real issue, we' ll
12 work with the landowner . I know that ' s tough for them to
13 accept, but ten-foot fence, the length of the property is a
14 big ticket item.
15 We will not use Weld County Road 28 for any of
_ 16 our truck traffic . It may be necessary to use that road
17 for the drilling rigs or the drilling rig that will drill
18 the well .
19 And it may be necessary to bring workover rigs,
20 which don' t happen maybe once every two years or so, in
21 from that direction. But certainly day-to-day operational
22 traffic , we have no interest in going in on Weld County 28 .
23 As a matter of fact , the way I read our USR Appl- -- our
24 USR Resolution, we can' t use it for that .
25 The next item is the decibel level , and I think
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1 the 70 decibel limit is the state limit , and we' re willing
2 to live within that .
3 And I - - we have agreed within our USR
4 application and our resolution before you, to mitigate
5 dust . And I don' t think - - it doesn' t - - if we pave the
6 road, that' s one way to mitigate it , but there' s many other
7 ways to mitigate it . And I ' d prefer, from a financial - -
- 8 for financial reasons , to allow us to pave 90 feet and
9 mitigate the rest with mag chloride or - - we' d buy ground
10 asphalt , and use that sort of thing, but we do mitigate
11 dust and we will at this facility.
12 Let' s see . The deceleration/acceleration lanes
— 13 are being - - are part of our USR application. We've agreed
14 to that . They' re being designed at this moment ; maybe
15 they' re already done by Pickett Engineering, a civil
16 engineering firm. And you can review those mysteries , but
17 I think they' re going to be designed to be safe; I know
18 they' re going to be designed to be safe .
19 And again, the next item is fugitive dust . Our
20 commitment is to not cause fugitive dust .
21 I think I ' m done with all of the questions that
22 are - - have been put before us .
23 COMMISSIONER JERKE : Board, do we have any
24 questions for Dale? Commissioner Garcia .
25 COMMISSIONER GARCIA: There was a concern about
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1 late-night noise . And you addressed the 7 o' clock, you' d
2 still do business . Do you have an estimate of - - would this
3 be a 24 -hour operation - -
4 MR . BUTCHER: Well - -
5 COMMISSIONER GARCIA: - - or is there a typical - -
6 MR. BUTCHER : The operation runs - - most of our
7 operations take water . Trucks can come into the facility
8 from 7 : 00 a .m. till 10 : 00 p .m. One of them is 9 : 00 p .m.
9 and that' s the one at roads 39 and 40 . I guess there is
10 another one that goes till 9 : 00 .
I1 But we pump the water that we receive during
12 those hours 24 hours a day. And so it - - trucking
13 operations are limited; pumping operations are not .
14 COMMISSIONER GARCIA: Mm-hmm.
15 COMMISSIONER JERKE : Is that clearly stated to
16 Kim in the USR that they can go from 7 : 00 until 10 : 00 , I
17 assume for trucks receipt , and --
18 MR . OGLE : It ' s Development Standard #28 .
19 COMMISSIONER JERKE : What?
20 MR. OGLE : It' s Development Standard #28 .
21 COMMISSIONER JERKE : Okay. And is it clearly
22 stated they have the ability to run their pump to be able
23 to sink it into the well 24/7?
24 MR. OGLE : It doesn' t address the pump . It
25 addresses the acceptance of the wastewater for those
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1 specific hours .
2 COMMISSIONER JERKE : Okay. Commissioner
3 Rademacher .
4 COMMISSIONER RADEMACHER : For my own information
5 how do you know when these formations are full? Is it just
6 from the pressure that you have to put into it?
7 MR . BUTCHER : As the - - we've never had one fill
8 up, but as you put more water into it , they tend to
9 increase in pressure, the amount of pressure you need to
10 inject water .
11 COMMISSIONER RADEMACHER: Right . And those are
12 regulated by the state, right?
13 MR . BUTCHER : By the State Oil and Gas
14 Commission, correct .
15 COMMISSIONER RADEMACHER: And then how many
16 trucks are going to be coming into this facility? I know
17 Kim kind of mentioned it .
18 MR. BUTCHER: You know, the busiest days are
19 going to be 60 or 70 trucks a day.
20 COMMISSIONER RADEMACHER: Sixty or seventy? Okay.
21 MR. BUTCHER : But may I remind you that those
22 trucks would be going somewhere else if they weren' t coming
23 here, and the traffic - - the traffic would be on the county
24 roads , and frankly there' d be more miles traveled because
25 of that .
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1 COMMISSIONER RADEMACHER: And typically, how long
2 does it take a truck to unload?
3 MR . BUTCHER : Oh, ten to twenty minutes .
4 COMMISSIONER RADEMACHER : Depending on the size,
5 obviously. That ' s all .
6 COMMISSIONER JERKE : Other questions?
7 Commissioner Masden.
8 COMMISSIONER MASDEN: Actually I have one
9 for staff .
10 COMMISSIONER JERKE : Okay.
11 COMMISSIONER RADEMACHER : Yeah, I have several
12 for staff .
13 COMMISSIONER MASDEN: Trevor, we do inspections
14 how many times a year on these facilities?
15 MR. JIRICEK: Quarterly.
16 COMMISSIONER MASDEN: Quarterly. And then do we
17 also do their - - check their samples on their - - from their
18 monitoring wells , or doing anything like that?
19 MR . JIRICEK: Yes , sir . They submit those
20 reports on the frequency established. Typically, they' ll
21 sample quarterly for four to eight quarters , and then back
22 off to semi-annual . That' s standard sampling regime .
23 COMMISSIONER MASDEN: They are monitored and
24 regulated by oil and gas commissions , state health and EPA
25 and then the county, also?
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1 MR . JIRICEK: Yeah. This is a Class 2 well ,
2 which means it can only take exploration production waste,
3 and EPA has delegated that authority to the Colorado Oil
4 and Gas Commission, so the commission is the lead authority
5 on downhill - - I ' m sorry, downhole injections .
6 And we try to coordinate a minimum of one
7 inspection a year with the Oil and Gas Inspector . So we
8 are in constant conversation with the COGCC on these
9 facilities .
10 COMMISSIONER MASDEN: Okay. All right . Thank you.
11 And I have a --
12 COMMISSIONER JERKE : Further questions? Go
13 ahead, Rob .
14 COMMISSIONER MASDEN: Yeah. - - a question for
15 Dale . Dale, you were talking about the formation - - I
16 think it ' s the Lyons formation that you inject into .
17 What' s the maximum amount of pressure that the oil and gas
18 commission says that you can inject into that formation?
19 MR. BUTCHER: It varies by well , based on the
20 science that they do to determine the frac gradient . We
21 have frac gradients much lower in some of our - -
22 COMMISSIONER MASDEN: Mm-hmm. Some areas .
23 MR . BUTCHER: -- wells than others . So everyone
24 is different .
25 COMMISSIONER MASDEN: Okay.
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1 MR . BUTCHER : Generally it ' s a couple thousand
2 pounds . Most of that is friction, because they' re pumping
3 five or six thousand barrels of water down a piece of - -
4 COMMISSIONER MASDEN: Two inch.
5 MR . BUTCHER: -- tubing that' s 2 and 78ths or 3
6 1/2 . So most of it' s just to push the water through the
7 tubing .
8 COMMISSIONER MASDEN: Okay.
9 MR. BUTCHER: We have wells that if we let them
10 rest , they will suck water out of our tanks .
11 COMMISSIONER MASDEN: Mm-hmm.
12 MR . BUTCHER : Now, we haven' t let them rest for a
13 long time, but they go on vacuum.
14 COMMISSIONER MASDEN: Okay. All right . Thank you.
15 COMMISSIONER JERKE : Further questions?
16 Commissioner Rademacher .
17 COMMISSIONER RADEMACHER : Yeah. This goes back
18 to Trevor and is piggybacking on Commissioner Masden.
19 Who actually monitors - - monitors those results
20 from the groundwater? Does it -- does the county or does
21 the oil and gas , or - -
22 MR. JIRICEK: Both.
23 COMMISSIONER RADEMACHER: Both do?
24 MR. JIRICEK: Yes , sir.
25 COMMISSIONER RADEMACHER: Okay.
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1 MR. BUTCHER: If I may - - may I interject?
2 COMMISSIONER JERKE : Go ahead - - go ahead, Dale .
3 MR. BUTCHER: We have a third-party environmental
4 firm who drills - - which drills the wells , determines where
5 they go, and then they have - - they have a sister company
6 that does the water testing. They come to the well and
7 take the sample ; we never touch the sample, and then they
8 take it to their laboratory, test it , and give a report
9 that comes to us , the county, and the State Oil and Gas
10 Commission.
it COMMISSIONER JERKE : Okay. Commissioner Garcia .
12 COMMISSIONER GARCIA: I have a question for the
13 attorney. On the development standard that talks about the
14 hours of operation, the language says , " . . .hours of
15 operation and acceptance of wastewater are limited to 7 : 00
16 a .m. through 10 : 00 p .m. daily. . . " and it inferred while
17 that would be applicable to traffic, and truck traffic ,
18 that pumps would be running 24 hours a day.
19 If this language was used in the development
20 standards , would the pumping be - - would that only cover
21 the traffic? Is that language acceptable to covering
22 traffic or is that - - or would that put pumping 24 hours in
23 violation?
24 MS . GIAUQUE : If pumping is included in
25 operations , that term - - then that needs to be revised.
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1 COMMISSIONER JERKE : Looks like it could be
2 improved, and we' ll just let you start working on that - -
3 MS . GIAUQUE : All right .
4 COMMISSIONER JERKE : - - and report back to us in
5 a few minutes . Further questions for staff or the
6 applicant? Commissioner Rademacher .
7 COMMISSIONER RADEMACHER : Do we have a traffic
8 count on 39? A recent one?
9 MR. HEIN: The most recent counts on 39 are
10 from 2004 . They vary between 650 and 14 hundred trips
11 a day.
12 COMMISSIONER RADEMACHER : Uh-huh. So it' s pretty
13 busy.
14 MR. HEIN: It' s a major haul route .
15 COMMISSIONER RADEMACHER : This is probably more
16 for Kim. Point out your neighbors around that facility,
17 Kim. Could you pretty well just do it from your seat as
18 far as where the nearest neighbor is and so forth around
19 their facility?
20 MR . OGLE : I think the nearest neighbor is south
21 of County Road 28 .
22 COMMISSIONER RADEMACHER : There you go . Use that
23 little pointer there .
24 MR. OGLE : Right here .
25 COMMISSIONER RADEMACHER: What would the distance
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1 be there?
2 MR. OGLE : Probably a couple hundred feet .
3 COMMISSIONER RADEMACHER : M-kay.
4 COMMISSIONER JERKE : Let me interject . That
5 would be a couple hundred feet from the corner .
6 COMMISSIONER RADEMACHER: Mm-hmm.
7 COMMISSIONER JERKE : But from where the
8 facility' s going to be, it would probably be - -
9 COMMISSIONER RADEMACHER: Half mile?
10 COMMISSIONER JERKE : - - 2 , 3 , 400 yards , I would
11 guess .
12 MR . OGLE : It ' s probably a thousand feet to where
13 the facility is - -
14 COMMISSIONER RADEMACHER: A thousand.
15 MR. OGLE : - - but to the property, it ' s a couple
16 hundred feet . And then the next nearest neighbor would
17 probably be this (inaudible) up over here, which I think
18 is Mr . Brunson.
19 COMMISSIONER RADEMACHER : Then there are - - they
20 just go further out from there .
21 MR. OGLE : They do that . These gold colored
22 boxes are the approximate locations of structures that we
23 identify as residential .
24 MR. HEIN: If I could just interject .
25 COMMISSIONER JERKE : Yes, go ahead. Jesse .
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1 MR. HEIN: Technology is amazing, and he was
2 able to draw a line from the approximate location of the
3 facility to that residence, and it was just over 15 hundred
4 feet .
5 COMMISSIONER JERKE : So it ' s actually a quarter of
6 a mile from closest - -
7 COMMISSIONER RADEMACHER : That' s west .
8 COMMISSIONER JERKE : - - house .
9 COMMISSIONER RADEMACHER: To the actual facility.
10 COMMISSIONER JERKE : Can you do that from the
11 north house, too, from the Brunson home .
12 MR . HEIN: Sure .
13 COMMISSIONER JERKE : K-I-S at a fingertip here .
14 MR. HEIN: Amazing . Okay. It looks like that
15 segment is about 16 hundred feet in distance .
16 COMMISSIONER JERKE : Okay. A little over a
17 quarter of a mile . Thank you. Commissioner Masden.
18 COMMISSIONER MASDEN: Thank you, Mr . Chairman.
19 Just while you' re doing your amazing thing with - - talking
20 about the ADT on 39 , I believe with the counters we have
21 now we can tell , you know, what percentage of those are
22 trucks . Do you know the percentage on that?
23 MR. HEIN: We may have that information back at
24 the office, but I can' t bring that up on our JS system,
25 obviously.
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1 COMMISSIONER JERKE : Something to work on for
2 next week, I guess . Further questions for staff or the
3 applicant? Okay. I have a final question for you, Dale .
4 Have you read the Conditions of Approval ,
5 Development Standards Resolution in total , and do you agree
6 with all the requirements?
7 MR . BUTCHER : I have one clarification - - I would
8 like a clarification. The resolution that was passed by
9 the Planning Commission referred to having a Road
10 Maintenance Agreement that covered one mile north and one
11 mile east . The draft that I got from the - - from the Clerk
12 of the Board speaks about " . . . the applicant shall be
13 responsible for the maintenance repair of any damage
14 related to the facility. "
15 I would just like to be able to work with - - I
16 don' t have my glasses . I hope I read that right . They
17 changed the word to "any damages , " before it was - - we
18 would come up with a Road Maintenance Agreement .
19 I would just like to have the flexibility to come
20 up with a Road Maintenance Agreement . We've done this four
21 other times . We can do it . But the words , "any damages, "
22 causes me a little heartburn.
23 COMMISSIONER JERKE : Can someone in the staff
24 help us with where we' re at in the resolution?
25 COMMISSIONER RADEMACHER: Yeah. I couldn' t find
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1 that at all .
2 MR . HEIN: This is under prior to clearing the
3 plat , number 1-N.
4 COMMISSIONER JERKE : Which development standard
5 was it?
6 MR. HEIN: "N" as in Nancy.
7 COMMISSIONER MASDEN: Toward the end on page 5 .
8 CLERK VanEGDOM: 22 .
9 COMMISSIONER JERKE : And is 22 identical to that?
10 MR . BUTCHER: It just seems like it' s been
11 clarified to the point where I ' m less comfortable with that
12 than I was with the previous language . I ' d like to go back
13 to the previous language .
14 COMMISSIONER JERKE : The previous language would
15 not have the word "any" in it?
16 MR. BUTCHER: "Any damages . " And we know we' re
17 responsible for damage, but it just seems like that
18 clarification creates something that we hadn' t already
19 agreed to .
20 COMMISSIONER JERKE : Jesse .
21 MR. HEIN: Commissioners , we get this changed by
22 saying that applicant are responsible for maintenance and
23 repair on Road 39 related to truck traffic at the facility,
24 if you want to clear it up that way.
25 MR . BUTCHER: That would be fine with us .
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1 COMMISSIONER JERKE : Commissioner Rademacher .
2 COMMISSIONER RADEMACHER: And on that same hand,
3 Jesse, who determines that damages of the county?
4 MR . HEIN: Yes , it' s on the county road system.
5 COMMISSIONER JERKE : Okay. Let me ask the board,
6 then, if you heard Jesse' s suggestion, language-wise, would
7 you all be in concurrence with that?
8 VOICES : Yes .
9 COMMISSIONER JERKE : Okay. I think we see
10 concurrence to try to simplify that . And that took care of
11 the issue then that you had.
12 MR . BUTCHER : That' s my only concern.
13 COMMISSIONER JERKE : And while you' re still up
14 here, let me go ahead and ask Cindy if she has that
15 language, concerning hours in operation. It ' s number 28 ,
_ 16 I believe . 27 .
17 MS . GIAUQUE : Yes . Mr . Chair, it ' s 27 under
18 Development Standards . Since this was, as I understood it ,
19 supposed to deal with the amount of truck traffic coming in
20 and out of the facility, I just recommend taking out the
21 words "of operation, " and have it say "hours for the
22 acceptance of wastewater are limited to 7 : 00 a .m. through
23 10 : 00 p .m. daily.
24 COMMISSIONER JERKE : Okay. So the " . . .hours for
25 acceptance of wastewater . . . " and then " . . . hours of
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1 operation. . . " we would be silent on.
2 MS . GIAUQUE : Yes . It sounded to me that they' re
3 doing pumping 24 hours a day, but - -
4 COMMISSIONER JERKE : They have to, yes .
5 MS . GIAUQUE : -- as far as having interaction
6 with anyone coming in or out of the facility?
7 MR . BUTCHER : That' s fine - - I mean, we want to
8 limit - - we certainly would --
9 COMMISSIONER JERKE : Well , the --
10 MR. BUTCHER : Excuse me .
11 COMMISSIONER JERKE : My only question is , is
12 "silence" enough? Does somebody have to look back to the
13 minutes of this meeting to figure out the "silence" really
14 meant that you can operate your pumps 24/7 , or do we need
15 to say that explicitly in here?
16 MS . GIAUQUE : We sure can say it explicitly, if
17 you want to .
18 COMMISSIONER JERKE : I think we' d just prefer - -
19 COMMISSIONER RADEMACHER: Probably should be - -
20 COMMISSIONER JERKE : -- that would spell it out
21 rather than having somebody come back for interpretation a
22 decade later .
23 MS . GIAUQUE : Okay. Hours of operation, excluding
24 acceptance of wastewater, may be 24 hours a day, but hours
25 for acceptance of wastewater are limited to 7 : 00 a .m.
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1 through 10 : 00 p .m.
2 COMMISSIONER JERKE : Okay. Does that work for
3 board members? I see concurrence on that . Okay. Let me
4 ask you, again, are you still in concurrence then with
5 everything that - -
6 MR . BUTCHER : As amended, yes .
7 COMMISSIONER JERKE : As amended at this point .
8 Okay. You can go ahead and sit down, then, Dale . At this
9 point , then I ' ll bring it back to the board for discussion
10 and action.
11 MR. CAMP : Can I ask a question, please?
12 COMMISSIONER JERKE : Well , we' ve closed public
13 comment at this point, sir, so - -
14 MR. CAMP : (Speaking away from microphone . ) I ' d
15 like to know (inaudible) about getting in there from the
16 south and from the west . There' s no roads out that way.
17 I ' d (inaudible) and near as I know, it could be one that I
18 own south going right through (inaudible) roads .
19 COMMISSIONER JERKE : If you could - - Jenny, can
20 you let the record reflect that Mr. Camp has spoken, Melvin
21 Camp . And so that we have it properly in the record.
22 And Jesse, would you want to try to address his
23 concerns out of respect to Mr. Camp, because he is a
24 native, long, long time rancher and farmer and businessman
25 in the area, and we do have the utmost respect for him.
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1 And I think it does deserve a good answer that -- what
2 their haul route will really look like .
3 MR. HEIN: These are the - - from the application
4 that we' ve read to that , the majority of the truck traffic
5 will be coming down Weld County Road 39 and the only access
6 is from Weld County Road 39 .
7 COMMISSIONER JERKE : So you believe that most of
8 this traffic will come in from the north, down 39 , and then
9 some perhaps from the east , down 28 to get to the facility?
10 MR. HEIN: That ' s the assumption that Public
11 Works made . Maybe the applicant can better address that ,
12 but --
13 COMMISSIONER JERKE : And I think that the
14 applicant probably has other facilities out to the west and
15 south that can take care of the business that they have in
16 other parts of the county. So hopefully that kind of
17 satisfies your question, Mr. Camp .
18 At this point , then, I ' m going to go ahead and
19 bring it back to the board for consideration. Commissioner
20 Masden.
21 COMMISSIONER MASDEN: Thank you, Mr . Chairman.
22 While listening to the requests from some of the neighbors ,
23 and I think a lot of these have been addressed with the
24 construction and the dust abatement, the hours of
25 operation, and things of this nature, in dealing with the
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1 applicant as we have as a county throughout the other
2 businesses - - places of business that they do operate
3 throughout the county, in doing this , they' ve been good
4 neighbors .
5 The one up on 39 and 40 , when that previous owner
6 or the person that built that, we had problems there . And
7 the neighbors complained and we did move on that . And that
8 was some of the things that created the change of ownership
9 in that facility.
10 And since that has happened, I believe we haven' t
11 had any complaints on that , that place of business since
12 Conquest or Marcum has operated that . So they've - - they
13 have a proven track record and have done a great job in the
14 county. It worked very well with the environmental group
15 for the county, state, health, EPA and oil - - Colorado Oil
16 and Gas Conservation Commission. With that , I would be for
17 this application.
18 COMMISSIONER JERKE : Thank you, Commissioner
19 Masden. I ' m going to take the opportunity just because of
20 the background with the neighboring facility to go ahead
21 and throw in my two cents , too, before the other colleagues
22 get a chance to speak.
23 During my first year as a commissioner, I used to
24 have the opportunity to drive four miles south of my home
25 down to the facility at 40 and 39 before Conquest took it
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1 over, when the other operator had it , and I would get so
2 many neighbor complaints that I would drive down, sometimes
3 in the middle of the night , and watch them doing activities
4 that, well , probably weren' t quite the kind of activities
5 that you' d want to be doing out there .
6 And since that time, that operator has actually
7 served some time in a federal facility. And so, you know,
8 really seeing somebody that has stepped in with Conquest
9 Oil to go ahead and run what was admittedly a faulty
10 facility at that time, and would have been poorly run, in
11 fact illegally run, and they' d come in and cleaned it up to
12 the extent that we' ve never had another complaint . Never
13 had another call in all these years since that time .
14 So a lot of this has to do with background, you
15 know, with having the reputation, the character that the
16 current applicant has in all of their other facilities that
17 leads me to a great deal of confidence in this type of
18 situation.
19 I understand the concerns of neighbors . They
20 always have concerns whenever there' s something that is new
21 that comes in. But really reputation and character amount
22 to so much, in a situation like this ; that somebody is
23 doing this type of thing responsibly is so much better than
24 having oil and gas exploration needs that aren' t being met ,
25 and potentially having night dumping out in the borrow
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1 pits , as used to happen in our county 20 years ago .
2 Before these guys came on board, there used to be
3 a lot of unsavory things happen in our county, and there
4 was a tremendous amount of potential for groundwater
5 contamination then. And now instead, we bury it two miles
6 deep, and we do it professionally, and we have all the
7 monitoring in the world to the point that it even makes
8 Trevor confident , and he can be kind of nervous about
9 these things .
10 So I 'm - - I ' m very, very impressed by the
11 applicant and the kinds of things they do and very
12 supportive of the application. Now, I said my piece .
13 I ' ll let you guys jump in. Commissioner Rademacher .
14 COMMISSIONER RADEMACHER : I ' ll put my three cents
15 in. Whereas I don' t know this project as well as you, in
16 the past , I 'm just going over a neighbor' s request that was
17 presented here .
18 Obviously, I would like to fulfill them all . But
19 some of them in my opinion are probably not justified and
20 reasonable, and I ' ll go through them one by one .
21 One was as far as jake brakes . As far as I know,
22 all modern trucks have mufflers on their jake brakes now,
23 where they' re very silent and you don' t hear them. And
24 this is still an agricultural area, so in my opinion jake
25 brakes are justified. Now, so it may be noisy, but I think
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1 the vast majority of them are going to have mufflers on
2 their jake brakes , so I don' t think that ' s going to be
3 an issue .
4 We went over it, as far as hours of operation.
5 The ten foot fence along the northern perimeter,
6 and I ' d have to go back to staff , if I could. What is on
7 the northern boundaries of this project? What is north of
8 this? Is it agriculture, is it --
9 MR. HEIN: It' s open grassland type stuff .
10 Pasture .
11 COMMISSIONER RADEMACHER : Once again, I find it
12 hard to justify a ten-foot fence if this is pasture and
13 agriculture land to the north.
14 As far as noise levels , it' s residential area --
15 once again, this is agriculture, and I think the noise
16 request is unreasonable, and I think the 70 decibels is
17 fine .
18 And with that , I think it is a very well planned
19 area, and I did have concerns about groundwater that' s been
20 addressed, and I feel fairly comfortable with that . And
21 with that , I would probably be for this application .
22 COMMISSIONER JERKE : Commissioner Garcia .
23 COMMISSIONER GARCIA: I echo the thoughts and
24 sentiments of my colleagues . One item I would like to
25 bring to the attention to those involved, and that I found
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1 very interesting, that wasn' t mentioned here today, is that
2 an e-mail sent on April 14th, 2007 , from Nancy Frase who
3 gave us testimony today, that there was a meth lab that had
4 been on this property.
— 5 well , when we talk about good neighbors , and
6 choosing to put up trees and the amount of traffic and
7 hours of operation, having been an individual who has lived
8 in the vicinity of a meth lab, I doubt that those drug
9 producers and drug sellers and users were abiding by time
10 limits that kept them out at - - they weren' t present at
11 night .
12 I think this is , actually, when hearing about
13 some of the developments or the uses that are in the
14 neighborhood, that this will be of good benefit to the
15 community.
16 COMMISSIONER JERKE : We've heard from the
17 members , is there a motion? Commissioner Masden.
18 COMMISSIONER MASDEN: Mr. Chairman, if you' re
19 ready. I move to approve the Site Specific Development
20 Plan and Use by Special Review Permit 1604 for an Oil and
21 Gas Support Facility, Class II Oilfield Waste Disposal
22 Facility in the A (Agricultural) Zone District , Marcum
23 Midstream, 1995-2 Business Trust , care of Dale Butcher,
24 located west of and adjacent to Weld County Road 39 ,
25 approximately two miles south of County Road 32 , along with
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1 the Development Standards as amended - -
2 COMMISSIONER JERKE : Conditions of Approval .
3 COMMISSIONER MASDEN: - - and Conditions of
4 Approval .
5 COMMISSIONER GARCIA: Second.
6 COMMISSIONER JERKE : It ' s been moved by
7 Commissioner Masden, seconded by Commissioner Garcia to
8 approve this Site Specific Development Plan and Use by
9 Special Review, Permit No . 1604 for an Oil and Gas Support
10 Facility, for Marcum Midstream, care of Dale Butcher
11 together with those Conditions of Approval and Development
12 Standards . Further comment? Seeing none, all in favor of
13 the motion say Aye .
14 COMMISSIONERS : Aye .
15 COMMISSIONER JERKE : Opposed say Nay.
16 (No audible response . )
17 COMMISSIONER JERKE : Motion carries unanimously.
18 Thank you and good luck with your facility.
19 [Conclusion of Hearing Certification Docket No .
20 2007-43 . ]
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1 CERTIFICATE
2
3 STATE OF COLORADO )
4 ) ss
5 COUNTY OF ARAPAHOE)
6
7 I , Laura M. Machen, an independent transcriber
8 and notary public within and for the State of Colorado,
9 certify the foregoing transcript of the tape/CD recorded
10 proceedings , In Re: Weld County Board of County
I1 Commissioners Hearing Certification Meeting on Docket No.
12 2007-43 , June 6, 2007 and as further set forth on page one .
13 The transcription, dependent upon recording clarity, is
14 true/accurate with special exceptions (s) of any or all
15 precise identification of speakers , and/or correct spelling
16 or any given/spoken proper name or acronym.
17 Dated this 13th day of July, 2007 .
18
19
20
21
22 My commission expires June 21 , 2008
23 ORIGINAL ( )
24 CERTIFIED COPY ( )
25
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