HomeMy WebLinkAbout20052389.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-729
APPLICANT: Marcum Midstream 1995-2 Business Trust
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SW4SE4 of Section 26, T6N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an Oil and
Gas Support Facility (Brinewater Disposal and allied facilities) in the A
(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 64, 'A mile west of CR 47.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-5-100.A..5 (OG.Policy 1.5. )
states"Oil and gas support facilities decisions which do not rely on geology for locations shall
be subjected to review...." The request for a Site Specific Development Plan and Special
Review Permit for an Oil and Gas Support Facility, Brinewater Disposal and allied facilities,
in the A (Agricultural) Zone District is the first amendment to an existing permitted facility.
This request is for increasing the number of truck loads allowed at the facility to 50 loads per
day. Additionally the applicant has requested that the number of loads received per day be
measured using a 30-day moving average calculation. Conquest Oil is also requesting the
addition of five 500-barrel tanks to compliment the existing thirteen 500 barrel tanks present
on site.
The original USR was applied for by Coors Energy Company, in 1986 for a Saltwater
Injection Facility. Years later this facility was acquired by Patina Oil and Gas Company and
operated until 2004 when the facility was acquired by Marcum Midstream 1995-2 Business
Trust.
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and county.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support
and Service as a Use by Special Review in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The property is surrounded by agricultural fields in crop production
and related uses. There are two single family dwellings in the immediate vicinity, one of
which is the Lyster Family home. The facility exists on 0.76 acres in the middle of a 133 acre
parcel identified as the Lyster Family farm.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable t
code provisions or ordinances in effect, or the adopted Master Plans of affected m
municipalities. The existing site does lie within the three mile referral area of the City of =x
Greeley. The City in their referral dated May 18, 2005 requested that County Road 64 be W _
2005-2389
Resolution AmUSR-729
Marcum Midstream
Page 2
paved to reduce the developments impact on air quality. The Weld County Public Works
Department is requiring that the applicant enter into a road improvements agreement for the
increase in heavy truck hauling on local gravel roads. The applicant shall be responsible for
the upgrade and maintenance of the designated haul route on County Road 64 west to
County Road 47.
E. Section 23-2-220.A.5 --The application complies with Section 23-5 of the Weld County
Code. The existing site is within a recognized overlay district, including the Airport
Overlay District. The facility is located north of the Critical Flight Zone and within the
Airport Influence area. The existing facility is also within the County-wide Road Impact
Fee Area. Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program. (Ordinance
2002-11).
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The size of the
parcel, 0.76 acres, accompanied with the existing improvements does not make it
conducive to agricultural practices.
G. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
B. All sheets of the plat shall be labeled AmUSR-729 (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2. County Road 64 is designated on the Weld County Road Classification Plan as a
local gravel road,which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. A total of 30 feet from the centerline of County
Road 64 shall be delineated right-of-way on the plat. This road is maintained by
Weld County. (Department of Public Works)
County Road 64 dead ends with a cul-de-sac on the east side of the Greeley-
Weld County Airport adjacent to the runway. There is only one family farming
business that utilizes this road, Lyster Family Farms. Hoshiko Farms utilizes an
access off of County Road 47
D. If applicable, existing Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit shall
be amended to reflect modifications in the operation, if the Colorado Department of
Health and Environment determines that such a modification represents a significant
change in emissions or production. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Public Health and
Environment)
Resolution AmUSR-729
Marcum Midstream
Page 3
E. A Ground Water Monitoring Plan shall be submitted to the Weld County Health
Department of Public Health and Environment for review and approval. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
F. If applicable, a Storm Water Discharge Plan shall be submitted to the Weld County
Department of Public Health and Environment and Colorado Department of Public Health
and Environment for review and approval. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Public Health and
Environment)
G. The Weld County Public Works Department is requiring that the applicant enter into a
road improvements agreement for the increase in heavy truck hauling on local gravel
roads. The applicant shall be responsible for the upgrade and maintenance of the
designated haul route on County Road 64 west to County Road 47. Evidence of
Department of Public Works approval shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Public Works)
H. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval, to address the outdoor storage of materials, including the trash
dumpster associated with this facility shall be screened from adjacent properties,
including the public rights-of-way. With approval, the Screening Plan information shall be
graphically delineated on the USR Plat. (Department of Planning Services)
The applicant shall submit written evidence of compliance with all of the Department of
Public Health and Environment's stipulations and requirements as stated herein. Written
evidence shall be submitted to the Department of Planning Services. (Department of
Planning Services)
J. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within thirty(30) days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not
acceptable). This digital file may be sent to maps@co.weld.co.us. (Department of Planning
Services)
4. Prior to the Release of Building Permits:
A. A building permit shall be obtained prior to the construction of any new building, tanks or
support facilities. (Department of Building Inspection)
B. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each
permit. Include a Code Analysis Data sheet provided by the Weld County Building
Department with each Building permit application. (Department of Building Inspection)
Resolution AmUSR-729
Marcum Midstream
Page 4
C. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2003
International Building Code; 2003 International Mechanical Code; 2003 International
Plumbing Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
D. The applicant shall contact the Eaton Fire Protection District for their requirements. Fire
resistance of walls and openings, construction requirements, maximum building height
and allowable areas will be reviewed at the plan review. Setback and offset distances
shall be determined by Chapter 23 of the Weld County Code. (Department of Building
Inspection)
E. Building height shall be measured in accordance with the 2003 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements are measured to
the farthest projection from the building. (Department of Building Inspection)
F. A secondary containment concrete secondary containment structure (floor and walls)
surrounding each tank or battery of tanks shall be constructed. The volume retained by
the structure shall be 150% greater than the volume of the largest tank inside the
structure. A registered professional engineer shall design the structure. The structure
shall prevent any release from the tank system from reaching land or waters outside of
the containment area. The operator shall provide evidence from the engineer to the Weld
County Department of Public Health and Environment and Planning Services that the
structure has been constructed to meet this criterion. (Department of Public Health and
Environment)
G. The applicant shall submit evidence to the Weld County Departments of Public Health
and Environment and Planning Services and the Colorado Oil and Gas Conservation
Commission that the facility was constructed in accordance with the application materials.
Evidence of such shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
H. A permitted individual sewage disposal system shall be installed to serve the facility. In
accordance with the Weld County ISDS Regulations, the system must be designed by a
registered professional engineer. The design must be submitted to the Weld County
Department of Public Health and Environment for review and approval prior to installation.
Evidence of such shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
Solids and sediment will accumulate in the storage tanks. The facility shall submit a
detailed plan that describes the method those solids will be removed, including all on-site
handling procedures. The plan shall provide a commitment to notify the Weld County
Department of Public Health and Environment, in writing, in the event the plan is
amended. The plan shall be reviewed and approved by the Weld County Department of
Public Health and Environment. Evidence of such shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
J. A detailed closure plan shall be submitted to the Department of Public Health and
Environment and the Colorado Oil and Gas Conservation Commission. The closure plan
shall include a description of the manner in which the well will be plugged and abandoned,
as well as specific details regarding reclamation of the property. No structures or
equipment associated with the facility shall remain on the property following closure.
Evidence of such shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
Resolution AmUSR-729
Marcum Midstream
Page 5
K. The facility shall post financial assurance with the Colorado Oil and Gas Conservation
Commission (COGCC). The financial assurance shall be adequate to cover a third-party
closure of the facility, including the plugging and abandonment of the well, in accordance
with industry standards, and the removal of all structure (including concrete) on the
facility. The site shall be returned to its original grade. In the event the COGCC does not
have the authority to require financial assurance for the entire cost required for third-party
closure, the facility shall post the remainder of the financial assurance with Weld County.
The facility shall submit evidence to the Weld County Departments of Public Health and
Environment and Planning Services that the appropriate financial assurance has been
obtained. (Department of Public Health and Environment)
5. Prior to Operation:
A. The applicant shall contact the office of the Weld County Sheriff, if warranted, to schedule
a walk-through of the site for the purposes of implementing the program "Crime
Prevention through Environmental Design". This program reduces the likelihood of
criminal activity at a specific location by"hardening" it to crime. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Sheriff's
Office)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CONQUEST OIL COMPANY
(Marcum Midstream 1995-2 Business Trust)
AmUSR-729
1. The Site Specific Development Plan and Amended Special Review Permit for an Oil and Gas
Support Facility(Brinewater Disposal and allied facilities) in the A(Agricultural)Zone District, as
indicated in the application materials on file and subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. (Department of Public Health and Environment)
4. A manager, knowledgeable in operating an injection well, shall be on site when the facility is
receiving waste. (Department of Public Health and Environment)
5. A safe and adequate sewage disposal system shall be available on the facility premises.
(Department of Public Health and Environment)
6. A safe and adequate fresh water supply shall be available on the facility premises. (Department of
Public Health and Environment)
7. No disposal of waste other than Class II, as defined by the Environmental Protection Agency, is
permitted. Any changes from the approved Class II use would require an amendment to this
Special Review permit. (Department of Public Health and Environment)
8. All liquid or wastes generated on the facility shall be disposed in accordance with the Colorado
Solid Waste Act, Section 30-20-100.5, C.R.S., or other appropriate rule, regulation, or law.
(Department of Public Health and Environment)
9. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as
measured according to Section 25-12-102, CRS. (Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
11. All chemicals stored on-site must be in locked buildings, on an impervious surface, provided
manufacturer recommendations for safe storage and handling are in accord. In any event,
manufacturer recommendations will take precedence. (Department of Public Health and
Environment)
12. The facility shall comply with any required air emissions permit from the Air Pollution Control
Division, Colorado Department of Public Health and Environment. (Department of Public Health
and Environment)
13. All liquid wastes received at the facility shall be unloaded on the unloading pad. Disposal of waste
should be by hose-type connections. No intentional dumping of waste water should be allowed
upon the receiving pad. (Department of Public Health and Environment)
14. The concrete unloading pad shall be cleaned at a frequency that prevents oils and other wastes
from building up on the pad. At a minimum, the pad shall be washed daily, with a jet hose to
remove any waste build-up. During winter months, the facility shall maintain the unloading pad
free of ice. (Department of Public Health and Environment)
Resolution AmUSR-729
Marcum Midstream
Page 2
15. The facility must comply with the laws, standards, rules and regulations of the Air Quality Control
Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste
Division, the Colorado Oil and Gas Conservation Commission, any other applicable agency, and
all applicable Weld County Code Sections. (Department of Public Health and Environment)
16. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental
Health Services Division. The Division reserves the right to require additional, more extensive
monitoring at a later date. (Department of Public Health and Environment)
17. The facility must comply with the laws, standards, rules and regulations of the Air Quality Control
Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste
Division, the Colorado Oil and Gas Conservation Commission, any other applicable agency, and
all applicable Weld County Sections. (Department of Public Health and Environment)
18. The concrete sump shall be appropriately protected to prevent people and wildlife from entering.
(Department of Public Health and Environment)
19. Any liquid or solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
20. Any petroleum-contaminated soils on the facility shall be removed, treated or disposed in
accordance with all applicable rules and regulations. (Department of Public Health and
Environment)
r
21. The surfaces around the disposal area shall be constructed of an impervious material and graded
to insure that all spilled waste is contained within the unloading pad. (Department of Public Health
and Environment)
22. The facility shall comply with the approved groundwater monitoring plan. (Department of Public
Health and Environment)
23. All storm water, which has come into contact with waste materials on the site, shall be confined on
the site. In the event that storm water is not adequately controlled on the site, upon written
notification from the Weld County Department of Public Health and Environment or the Colorado
Department of Public Health and Environment, a comprehensive site-wide storm water plan shall
be developed and implemented. The plan must be approved, in writing prior to implementation by
the Weld County Department of Public Health and Environment and the Colorado Department of
Public Health and Environment. Evidence of such shall be submitted to the Department Planning
Services. (Department of Public Health and Environment)
24. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards before additional barrels of brine water are accepted. Noncompliance
with any of the foregoing Development Standards may be reason for revocation of the Permit by
the Board of County Commissioners. (Department of Public Health and Environment)
25. Access to the brine water disposal site is from County Road 64. The applicant shall be
responsible for the upgrade and maintenance of the designated haul route on County Road 64
west to County Road 47. (Department of Public Works)
26. Transport trucks weighing up to 40 ton will visit the site approximately 50-60 times a day and less
on weekends. (Department of Public Works)
27. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. There is an existing concrete
loading pad. Utilize the existing access and departure points. (Department of Planning Services)
Resolution AmUSR-729
Marcum Midstream
Page 3
28. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Planning Services)
29. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International
Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
30. Setback and offset distances shall be determined by Chapter 23, Weld County Code.
(Department of Building Inspection)
31. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld
County Code in order to determine compliance with offset and setback requirements. Offset and
setback requirements are measured to the farthest projection from the building. (Department of
Building Inspection)
32. Hours of operation are limited to 7:00AM until 9:00PM daily as stated in the application materials.
(Department of Planning Services)
33. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County wide Road Impact Fee Program. (Department of Planning Services)
34. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
35. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
36. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code. (Department of Planning Services)
37. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations. (Department
of Planning Services)
38. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services. (Department of Planning Services)
Motion seconded by Bruce Fitzgerald
Resolution AmUSR-729
Marcum Midstream
Page 4
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Doug Ochsner
James Welch
Tom Holton
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on July 5, 2005.
Dated the 5`" of July, 2005.
J
Voneen Macklin
Secretary
- J g•OL 5 ANT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 11
Tuesday July 5, 2005 (YVAS/2,47
A regular meeting of the Weld County Planning Commission was held Tuesday 2005, in the Weld County Department of
Planning Services, Hearing Room,918 10th Street, Greeley,Colorado. The meeting was called to order by Chair,Michael
Miller, at p.m.
ROLL CALL
Michael Miller
Bryant Gimlin Absent
John Folsom
James Welch
James Rohn
Bruce Fitzgerald
Chad Auer
Doug Ochsner
Tom Holton
Also Present: Char Davis, Peter Schei, Don Carroll, Pam Smith, Cindi Etcheverry, Kim Ogle, Sheri Lockman
The summary of the last regular meeting of the Weld County Planning Commission held on June 22,2005,was approved
as read.
The following items will be on the Consent Agenda:
CASE NUMBER: MF-1056
APPLICANT: Francisco Granados
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-2916; being part of the W2NW4 of Section 3, T5N, R64W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Minor Subdivision final Plan for four(4) residential lots. (Pheasant Meadow)
LOCATION: North of and adjacent to CR 60.5 and east of and adjacent to Hwy 37
Doug Ochsner moved to approve the Consent Agenda. James Rohn seconded. Motion approved.
The following items will be heard:
— CASE NUMBER: AmUSR-729
APPLICANT: Marcum Midstream 1995-2 Business Trust dba Conquest Oil Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SW4SE4 of Section 26, T6N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for an Oil and Gas
Support Facility(Brinewater Disposal and allied facilities) in the A (Agricultural)Zone
District.
LOCATION: North of and adjacent to CR 64, '/z mile west of CR 47.
Kim Ogle, Department of Planning Services presented Case AmUSR-729,reading the recommendation and comments
into the record. The Department of Planning Services is recommending approval of the application along with the
Conditions of Approval and Development Standards.
Michael Miller asked Mr. Ogle about the request for a rolling average and who would enforce. Mr. Ogle deferred
comment to Ms. Etcheverry. Ms. Etcheverry, Department of Environmental Health, indicated she inspects the site on
a quarterly basis and does inspect the logs. This site will be consistent with the operation of three other facilities.
Dale Butcher, representative for the applicant, addressed the concerns indicated in the letter received in the packet
from Harold & Patricia Schwalm. Mr. Butcher indicated that the Schwalm's visited the facility and their concerns were
alleviated.
Doug Ochsner asked for a brief summary of the operation. Mr. Butcher indicated that an oil & gas operation
produces three by products, gas, oil and brinewater. The gas is pumped into a line, the oil goes to a tank battery and
the brinewater is placed in a cistern that needs to be taken to a separate facility hence the need for this operation.
This operation places the water in tanks where the water is separated and the oil is skimmed. The water is then
filtered then injected into a 9000 foot well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Patty Schwalm, neighbor,stated she did take a tour of facility and her concern is still with traffic and the trucks taking up
the entire roadway when turning onto CR 47. There needs to be a turn lane or shoulder or something to alleviate this
possible dangerous situation.
Don Carroll, Public Works, indicated there is a long term maintenance agreement and item#2 on the agreement states
road improvements to the intersection of CR 64 and CR 47 with adequate turning radius. If the radius is not adequate
there will need to be modifications to widen the turning radius to the south. Typically brine tankers are single unit but if
there are double units or pups there will need to be some additional changes.
The Chair dosed public portion.
Dale Butcher stated that there are times when the oil truck has a pup. The truck arrives approximately three times a
week. It is understood that the trucks will need to be careful. Mr. Butcher addressed the applicants concerns with item 1.
C.3 that requires an approved retention facility,the applicant does not need one. The storm water can be designed to run
to the trench. Mr. Ogle indicated staff would agree to strike 1.C.3. Mr. Butcher continued with concerns on item 4.G
regarding a vault system for effluent flows. There is a vault system at another facility and the portable toilet is better
maintained. Ms. Etcheverry indicated she does not have the authority to allow portable toilets,it will need to be a Planning
Commission decision.
Dale Butcher stated there are one or two employees with the different drivers on a daily basis so there will not be a lot of
use, Mr. Fitzgerald stated that the vault system was in lieu of the leach field and there needs to be a permanent facility.
Ms. Etcheverry indicated they were looking for something more permanent than a portable toilet.
Michel Miller stated they have required vault systems in the past and this has far too many people for a portable toilet. (2
employees and up to 50 trips per day) Mr. Rohn added that this is permanent facility and an amended facility,he does not
see the increase as much of a problem.
Kim Ogle indicated staff would like to have 5.A deleted and 4.D amended to reflect Eaton Fire District. Mr. Carroll
recommends widening the road radius south on CR 47 since there are some larger trucks using the facility. Mr. Miller
stated that could be addressed in the improvements agreement.
James Rohn moved to delete 1.C.3 and 4.G. Bruce Fitzgerald seconded. Motion carried.
Chad Auer moved to delete item 5.A and amend 4. D to reflect the Eaton Fire Protection District. James Rohn seconded.
Motion carried.
Dale Butcher agrees with the amended Development Standard and Conditions of Approval.
Tom Holton asked for some clarification. Mr.Miller indicated there were 30 trucks arriving presently and the increase will
be to 50 trucks. Mr. Holton asked why the need for a rolling average per day based on a 30 day average. Mr. Miller
stated there is no operation on Sundays and there is the effect of weather.
Tom Holton asked where the nearest house was located. Mr.Ogle indicated it was approximately 800 feet south where
the Schwalms live. There is a home that belongs to the Lyster family which is located on the property.
Doug Ochsner moved that Case AmUSR-729, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Amended Development Standards with the Planning Commissions recommendation of
approval. Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes;
James Welch, yes; Michael Miller, yes; James Rohn, no; Chad Auer, yes; Tom Holton,yes, Doug Ochsner, yes; Bruce
Fitzgerald, yes. Motion carried.
CASE NUMBER: USR-1514
APPLICANT: Eastman Kodak Company
PLANNER: Sheri Lockman
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