HomeMy WebLinkAbout990167.tiff HEARING CERTIFICATION
DOCKET NO. 98-57
RE: ACTION OF THE BOARD CONCERNING A SITE SPECIFIC DEVELOPMENT PLAN AND
SPECIAL REVIEW PERMIT#1198 AND CERTIFICATE OF DESIGNATION FOR AN OIL
AND GAS SUPPORT AND SERVICE FACILITY (BRINE WATER DISPOSAL) IN THE A
(AGRICULTURAL)ZONE DISTRICT - ENVIRO-CYCLE, LLC, c/o HOWARD BOATRIGHT
A public hearing was conducted on January 27, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern - EXCUSED
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Scott Ballstadt
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 25, 1998, and duly published
October 28, 1998, in the Platteville Herald, a public hearing was conducted to consider the request
of Enviro-Cycle, LLC, % Howard Boatright for an Oil and Gas Support and Service Facility (brine
water disposal) in the A (Agricultural) Zone District, at which time said matter was continued to
December 21, 1998. Pursuant to a notice dated December 4, 1998, and duly published
December 9, 1998, a public hearing was conducted on December 21, 1998, to consider a
Certificate of Designation for the facility. At said hearing on December 21, 1998, said matter was
continued to January 20, 1999, at the request of the applicant due to unresolved issues. In a
memorandum from the Clerk to the Board's Office, dated December 28, 1998, the Board agreed
to continue the hearing from January 20, 1999, to January 27, 1999, due to scheduling conflicts.
At said hearing on January 27, 1999, Lee Morrison, Assistant County Attorney, made this a matter
of record. Mr. Morrison stated the new Commissioners have reviewed the record for this matter
and, in a letter from Commissioner Vaad, he stated although he has heard testimony on this matter
during his term on the Planning Commission there is not a conflict of interest because his
information is part of a public record. There was no public comment concerning a possible conflict
of interest. Mr. Morrison explained the Oil and Gas Commission and the State Health Department
are very close to coming to an agreement on the jurisdiction on this type of facility, and the
applicant has requested that consideration of the Certificate of Designation be continued following
the agreement regarding who has jurisdiction. Scott Ballstadt, Department of Planning Services
representative, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. Mr. Ballstadt gave a brief
description of the location of the site and stated the application is consistent with the
Comprehensive Plan, the A (Agricultural) Zone District, and the Zoning Ordinance. He further
stated there are two residences on the site; however, they have been approved for a Subdivision
990167
2t_ Pt PL1259
HEARING CERTIFICATION - ENVIRO-CYCLE, LLC, % HOWARD BOATRIGHT (USR #1198)
PAGE 2
Exemption, and there is a residence west of Weld County Road 39. Mr. Ballstadt stated the
proposal is not located within an Urban Growth Boundary, Intergovernmental Agreement Area, or
Overlay District. He stated one referral responded with no conflicts; three referrals expressed
concerns which are addressed in the Conditions of Approval and Development Standards; and one
surrounding property owner submitted a letter of opposition. Trevor Jiricek, Department of Health
representative, submitted a memorandum, marked Exhibit R, dated January 26, 1999,
recommending three additional conditions. In response to Commissioner Geile, Mr. Ballstadt
stated the remaining acres will remain in agricultural production.
Mike Le Sage represented Mike Cervi, financier of the project, and stated he was hire to review the
application to ensure there is total compliance with all regulations. Mr. Le Sage explained the
injection well is within the jurisdiction of the Oil and Gas Commission; however, the surface facility
which receives and processes the brine water must meet numerous regulations. He requested
additional time to meet with the Oil and Gas Commission and with the engineers to ensure the
facility will comply. Mr. Le Sage stated the discussion concerning the issue of whether a Certificate
of Designation (CD) is needed and under whose jurisdiction this facility will fall is near completion,
and he requested on behalf of Mr. Cervi and the applicant to continue this matter until a
determination is made regarding these issues.
Monica Sheets represented the State Health Department, a gave a brief description of the
jurisdiction dispute and stated the two parties are very close to resolving the issue. In response
to Mr. Morrison, Ms. Sheets stated the Attorney General's Office will provide a written finding to
ensure this matter will not come up again.
Cindy Bargell represented the Oil and Gas Commission, and stated they are working with the State
Health Department representatives to review all of the State and Federal Statutes which apply and
come to a conclusion as to how this type of facility should be permitted. In response to
Commissioner Baxter, Ms. Bargell stated the State is not involved in the Special Review Permit,
they are concerned with the Certificate of Designation.
Mr. Le Sage stated the surface facility involves not only the design and structure, but also the
location and operation. He explained these factors are being reviewed by engineers and are
requesting a continuance for approximately one month to ensure any necessary changes to the
facility are dealt with prior to the next hearing.
No public testimony was offered concerning this matter. In response to Commissioner Baxter, Mr.
Jiricek stated he has been working with the applicant and there are some changes which may be
significant enough to require amending the permit if the Board approves the Special Review Permit
at this time, and there is not activity taking place at the site.
Commissioner Vaad moved to continue the request of Enviro-Cycle, LLC, % Howard Boatright for
a Site Specific Development Plan and Special Review Permit #1198 for an Oil and Gas Support
and Service Facility (brine water disposal) in the A(Agricultural) Zone District to March 3, 1999, at
10:00 a.m. The motion was seconded by Commissioner Baxter, and it carried unanimously.
990167
PL1259
HEARING CERTIFICATION - ENVIRO-CYCLE, LLC, % HOWARD BOATRIGHT (USR#1198)
PAGE 3
This Certification was approved on the 1st day of February, 1999.
APPROVED:
ATTEST: 1 , / BOARD OF COUNTY COMMISSIONERS
r0(YBdf/G�J LD COUNTY, C LORADO
/46
Weld County Clerk to the oar
_ Dale K. Hall, Chair
BY:
Deputy Clerk to the EXCUSED
ii . a Barbara J. Kirkmeyer, Pro-Tern
TAPE #99-02 �JrUk'v'1`1`
George E! xter
DOCKET #98-57
KA. J. eile
Lidvi
Glenn V
990167
PL1259
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 27TH DAY OF JANUARY, 1998:
DOCKET#98-57 - ENVIRO-CYCLE, LLC, C/O HOWARD BOATRIGHT
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
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