HomeMy WebLinkAbout20051544.tiff HEARING CERTIFICATION
DOCKET NO. 2005-37.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1488
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING DRY OPEN PIT
MINING AND MATERIALS PROCESSING, IN THE A (AGRICULTURAL) ZONE
DISTRICT- FARFRUMWURKIN, LLLP / KENNETH AND JUDITH SCHELL
A public hearing was conducted on June 1, 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, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 29,2005,and duly published May 4,2005, in the
Fort Lupton Press, a public hearing was conducted on May 18, 2005, to consider the request of
Farfrumwurkin,LLLP,do Jon File,and Kenneth and Judith Schell,fora Site Specific Development
Plan and Use by Special Review Permit #1488 for a Mineral Resource Development Facility,
including dry open pit mining and materials processing, in the A(Agricultural)Zone District. At said
hearing the Board deemed it advisable to continue the matter to June 1,2005,to allow the applicant
adequate time to negotiate a Surface Use Agreement with the mineral owners. On June 1, 2005,
Lee Morrison, Assistant County Attorney, made this a matter of record. Commissioner Geile
commented he received a call from a mineral owner indicating they did not receive notification of
this hearing; however, because this is a quasi-judicial process, he referred the matter to the
Planner. In response to Commissioner Geile,Jacqueline Hatch, Department of Planning Services,
stated she did fax them a Surface Use Agreement and they are aware of the proposal.
Jon File,applicant,stated he met with Encana shortly after the first hearing; however,they have not
presented him with a signed agreement. Peter Weiland, Weiland Inc., represented the applicant
and referred to the Site Plan indicating the locations of drilling windows for future drilling rights. He
stated there will be 150-foot setbacks,which is consistent with the requirements of the Division of
Minerals and Geology. Responding to Mr. Morrison, Mr. Weiland stated the Site Plan is in the
record, marked Exhibit 6b,and he clarified the areas to the east are not slated for mining; however,
the entire parcel was included in the permit boundary for simplicity. Responding to Commissioner
Masden, Mr. File stated the drilling windows were designated by the Colorado Oil and Gas
Conservation Commission.
2005-1544
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HEARING CERTIFICATION - FARFRUMWURKIN, LLLP / KENNETH AND JUDITH SCHELL
(USR#1488)
PAGE 2
Steve McLaughlin,Encana Energy Resources, Inc.,concurred with the applicant's testimony,and
stated the only remaining issue is the cost of directional drilling. He stated the matter should be
resolved within the next day or two, and he requested a review of the Site Plan displayed by Mr.
Weiland. He stated if the plan is consistent with the terms of the pending agreement, Encana will
no longer be opposed to approval of this proposal; however, they would still request the finalized
agreement be included as a Condition of Approval. ChairJerke stated generally the Board does not
grant such a request because it can result in a third-party veto power.
Michael Tucker, Encana Energy Resources, Inc.,stated he has reviewed the Site Plan,which was
discussed last week,and the only remaining item is the cost for directional drilling and refining the
final language.
In response to Commissioner Geile,ChairJerke opened the hearing to public testimony due to the
telephone call that was received regarding oil and gas issues. There was no public testimony
concerning this matter.
Mr.Weiland stated they have made a concerted effort to come to an agreement, Encana indicates
it is forthcoming,and the agreement must take place for future land use on this property,therefore,
it will be accomplished regardless of this permit. Mr. File stated he has acted quickly; however,
Encana has been very slow throughout the entire process, and he has no guarantee that Encana
will actually complete the agreement within a few days. He requested the Board move forward with
its decision and finalize the mattertoday rather than including a condition or allowing for an additional
continuance. Responding to Chair Jerke, Mr. File stated he has reviewed and concurs with the
Conditions of Approval and Development Standards as proposed.
Commissioner Masden commended the applicant for working with Encana. Commissioner Masden
moved to approve the request of Farfrumwurkin, LLLP,do Jon File,and Kenneth and Judith Schell,
for a Site Specific Development Plan and Use by Special Review Permit #1488 for a Mineral
Resource Development Facility, including dry open pit mining and materials processing, 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. The motion was seconded by Commissioner Long, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:40 a.m.
2005-1544
PL1775
HEARING CERTIFICATION - FARFRUMWURKIN, LLLP / KENNETH AND JUDITH SCHELL
(USR#1488)
PAGE 3
This Certification was approved on the 6th day of June 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
�,��� WELD COUNTY, COLORADO
ATTEST: fatei �L"�/�' '>/i� �� ""))/
illiam H. J- ke, Chair
Weld County Clerk to the B.f d „p tip
fete/" eile, Pr6 Tem
BY: .a/! • IR,@,�y`� s.46" . �� o r
Deputy Clerk to the Boa't‘O "—'. eel
°�� Long \\46:
TAPE #2005-26 Robert Masden/
DOCKET#2005-37 fd
Glenn Vaad
2005-1544
PL1775
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1488 - FARFRUMWURKIN, LLLP / KENNETH AND JUDITH SCHELL
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 01/18/2005
and 05/03/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Applicant's Response to Adequacy Review
Comments - Pit 112 Application M-2004-
047/Farfrumwurkin, LLLP, dated 02/10/2005
F. Planning Staff Memorandum re: Items prior to scheduling,
dated 04/04/2005
G. Gregory Balmes Letter of Opposition, dated 05/17/2005
H. Planning Staff Certification and Photo of sign posting
J.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF MAY, 2005:
DOCKET#2005-35 - RUSSELL AND ANGELA REED
DOCKET#2005-37 - FARFRUMWURKIN, LLLP, CIO JON FILE/ KENNETH AND JUDITH SCHELL
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