HomeMy WebLinkAbout20052973.tiff HEARING CERTIFICATION
DOCKET NO. 2005-75
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1517
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OIL AND GAS
SUPPORT SERVICES (LAND TREATMENT FACILITY) IN THE A (AGRICULTURAL)
ZONE DISTRICT - PETRO-CANADA RESOURCES (USA) INC.
A public hearing was conducted on November 2, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Cindy Etcheverry
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 7, 2005, and duly published October 12,
2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of
Petro-Canada Resources (USA) Inc., for a Site Specific Development Plan and Use by Special
Review Permit#1517 for a Mineral Resource Development Facility,including Oil and Gas Support
Services(land treatment facifity)in the A(Agricultural)Zone District. Lee Morrison,Assistant County
Attorney, made this a matter of record. Kim Ogle, 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 indicated the location of the site and stated the
surrounding properties consist primarily of agricultural lands, crop production, and oil and gas
facilities. He stated there are 11 property owners within 500 feet of the site, and the site does not
fall within the three-mile referral area of any municipality. Mr. Ogle stated access is from Weld
County Road 46,and the sign regarding this hearing was posted as required by Code. He stated
one letter of opposition has been received,and the application was approved as a Consent Agenda
item by the Planning Commission. Mr. Ogle recommended the elimination of Development
Standards#5,#20,and#27. Responding to Commissioner Masden, Mr.Ogle stated the applicant
is in violation for conducting operations without a permit. Ms. Etcheverry verified the property is
currently in operation, and stated the applicant is requesting the use of a Port-A-Potty instead of a
sewer system,since nobody mans the site. Responding to Chair Jerke, Don Carroll, Department
of Public Works, presented pictures, marked Exhibit G, which were taken approximately June 9,
2005. Responding to ChairJerke, Ms. Etcheverry stated staff has held off on the violation,since the
applicant has been very proactive in responding. Responding to Commissioner Masden, Ms.
Etcheverry stated a clay liner is not required, since the applicant is not allowed to bring in liquids,
and soil sampling and ground water monitoring will be required.
2005-2973
PL1795
�A : 12,fid,//L_
HEARING CERTIFICATION - PETRO-CANADA RESOURCES (USA) INC (USR #1517)
PAGE 2
Mr. Carroll stated the only access is from Weld County Road 47, directly east of Weld County
Road 49, and it has an adequate site distance and turning radius. He stated the perimeter of the
property is bermed,therefore,any storm runoff would be captured on the site. Mr.Carroll stated the
intended use is in the case of a spill at a drilling rig, the contaminated soil would be brought to this
location. He stated there is an adjacent property north of the site, and he has requested dust
suppressant for that home when materials are being hauled.
Responding to Chair Jerke, Ms.Etcheverry stated the photos in the file were taken at the beginning
of summer,and the stockpiles and other materials have since been removed and the site has been
cleaned up. Responding further to Chair Jerke, Ms. Etcheverry stated the site will be limited to
E and P waste-contaminated soils. Responding to Commissioner Masden, Ms. Etcheverry stated
no outside material is being hauled in to be incorporated into the contaminated soil;the applicant is
turning it,spreading it out,and turning it again. Responding to Commissioner Geile,Ms. Etcheverry
stated the hydrocarbons are disseminated by evaporation and other bacteria in the soil which eat
away the hydrocarbon properties, which makes it necessary to constantly turn the soil. She also
stated some soil remediation facilities incorporate manure into the contaminated soil to speed up
the process; however, that is not planned for this site. She reiterated that over time the soil loses
the hydrocarbons,and the contaminated soil will be turned until it meets a certain concentration of
hydrocarbons. Responding to Chair Jerke, Ms. Etcheverry stated Development Standard#27 is
duplicated by the more stringent Development Standard#12. Responding to Commissioner Long,
Ms. Etcheverry stated there are residual chemicals left behind, such as chlorides; however, they
have a minimal impact on the environment, and the soil must meet the standards set by the
Colorado Oil and Gas Conservation Commission.
Patrick Flynn,Meridian Environmental Management,LLC,represented the applicant and stated there
will not be a liner under the treatment area,where the soil will be thin-spread. He stated this site will
be used to till the contaminated soil into the uncontaminated soil, and it will be recycled for use at
other sites. He stated a natural geological clay layer exists at this site under eight or ten feet of
sand,which makes this location safe. Mr. Flynn stated the site will be secured with a six-foot fence
around the perimeter,with a locked gate,and he has received approval from the Colorado Oil and
Gas Conservation Commission. He stated this is not a manned facility, and no full-time staff will
be present. Mr. Flynn stated during the infrequent periods when people are on the site,it will be one
or two people, for a few hours per day. He stated the applicant will provide dust suppression,
although frequent hauling will not occur. He stated the Development Standards require a permanent
water supply on the property; however, there is currently no water well available, no city water is
available,and the site does not need a continuous water supply. Mr. Flynn stated the water needed
for dust abatement, and periodically for treatment of the soil, could be hauled in by truck. He also
requested a Port-A-Potty be allowed, since the facility is not manned, and he indicated financial
assurance is in place in the event of closure of the facility. He stated he does have a copy of the
bond available, which meets the closing obligations as required by the Colorado Oil and Gas
Conservation Commission. He discussed the residual chemicals,and stated the only ones left in
the soil after treatment are those which are easiest to degrade, non-hazardous, relatively benign,
and have low toxicity levels. He stated land farming is the appropriate way to deal with any residual
chemicals. Mr. Flynn stated the only other option is to haul to a land fill, where the hydrocarbons
stay forever. He state that, instead of bringing other chemicals onsite,the land farming method is
low tech and easy to do,by thin-spreading the soil at one foot to 18 inches per layer. He stated the
oxygenating material is 90 percent of the soil contents,and water is sometimes added via truck,to
2005-2973
PL1795
HEARING CERTIFICATION - PETRO-CANADA RESOURCES (USA) INC (USR#1517)
PAGE 3
increase the oxygenation.He stated a commercial fertilizer would be used if the soil were extremely
contaminated;however,that is not planned for regular use. Responding to Commissioner Masden,
Mr. Flynn stated they are not introducing any other biologicals into the soil,since the natural bacteria
in the soil are those best suited. He stated if new bacteria is brought in,the native bacteria eats the
new bacteria. Responding to Commissioner Long, Mr. Flynn stated there is a reclamation plan
which has been approved by the Colorado Oil and Gas Conservation Commission, as well as the
Weld County Department of Public Health and Environment, and the site will be returned to its
original condition, with the exception of the earthen berm. Mr. Flynn stated there is both soil and
groundwater monitoring required during the active phase, and he would anticipate some post-
closure monitoring as well; however, the performance bond would cover any clean up required in
the event of improper closure.
No public testimony was offered concerning this matter.
Responding to ChairJerke, Mr. Flynn requested the deletion of Development Standards#32,#33,
and#34,since they pertain to construction of structures,which are not included in this application.
Mr. Ogle verified for Chair Jerke that if future structures are desired, an amendment would be
necessary for the Use by Special Review Permit, and those standards could be included at that
time. Ms. Etcheverry stated the Port-A-Potty issue needs to be resolved, and she stated with no
employees on site, the Port-A-Potty is adequate; therefore, she recommended rewording
Development Standard#4 to state,"A Port-A-Potty shall be available on the facility premises." Chair
Jerke verified that the Board concurred with the wording change,as well as deletion of Development
Standards #5, #20, #27, #32, #33, and #34. Mr. Flynn stated he agrees with the Conditions of
Approval and Development Standards, with the recommended changes.
Commissioner Masden moved to approve the request of Petro-Canada Resources(USA)Inc.,for
a Site Specific Development Plan and Use by Special Review Permit#1517 fora Mineral Resource
Development Facility, including Oil and Gas Support Services (land treatment facility) in the A
(Agricultural)Zone District,based on the recommendations of the Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record and amended herein,with the deletion of Development Standards#5,#20,#27,#32,#33,
and #34, and the rewording of Development Standard #4. The motion was seconded by
Commissioner Long, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:50 a.m.
2005-2973
PL1795
HEARING CERTIFICATION - PETRO-CANADA RESOURCES (USA) INC (USR #1517)
PAGE 4
This Certification was approved on the 7th day of November 2005.
APPROVED:
4* IE IL,f 'S4:OARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: t � t CUSED DATE OF APPROVAL
illiam H. Jer--, Chair—
Weld County Clerk to the B.
Li t 1��61 Gq M. eile, • o-Tem
BY: L
D uty Cler to the Board E.)
David E. Long I
TAPE #2005-41
EXCUSED DATE OF APPRI-VAL
Robert Masden
DOCKET#2005-75
Glenn Vaad
2005-2973
PL1795
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1517 - PETRO-CANADA RESOURCES (USA) INC.
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 09/06/2005
and 08/02/2005)
D. Clerk to the Board Notice of Hearing
E. Elsie Dalton Letter of Opposition
F. Planning Staff Certification and Photo of sign posting
G. Public Works Staff Six pictures taken approximately 06/09/05
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 2ND DAY OF NOVEMBER, 2005:
DOCKET#2005-71 - GLEN AND VIRGINIA VAN OEVEREN
DOCKET#2005-75 - PETRO-CANADA RESOURCES (USA) INC.
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
C /9s ✓A.L LI DP eCLip/2n ro
;?X97O ate AA. reA5opo,
Ze a q70 1<r? a a"-- 71/4S ( C) (T4 y.-.
L c 1 /au `� , 701 At� fs �� 86730C
�(721GrL _yNnl 2-2-1-11-t e. 67)2A-7-Pp R-: L'T freIGLf"L ,,Ths /Q4//Gh i La 80/2(
Hello