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HomeMy WebLinkAbout951648.tiffHEARING CERTIFICATION DOCKET NO. 95-55 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1089 FOR OIL AND GAS PRODUCTION FACILITIES IN THE R-1 (LOW DENSITY RESIDENTIAL) AND 1-2 (INDUSTRIAL) ZONE DISTRICTS - PRIMA OIL AND GAS COMPANY, C/O BILL CREWS, CPL A public hearing was conducted on August 9, 1995, at 10:00 a.m., with the following present: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Planning Department representative, Shani Eastin The following business was transacted: I hereby certify that pursuant to a notice dated July 17, 1995, and duly published July 27, 1995, in the Windsor Beacon, a public hearing was conducted to consider the request of Prima Oil and Gas Company, c/o Bill Crews, CPL, for a Site Specific Development Plan and Special Review Permit for oil and gas production facilities in the R-1 (Low Density Residential) and 1-2 (Industrial) Zone Districts. Bruce Barker, County Attorney, made this a matter of record. Shani Eastin, Planning Department representative, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. She noted the City of Greeley requested its oil and gas regulations be enforced, if not, it recommends denial; however, staff feels the Development Standards and the State Oil and Gas Commission regulations adequately address those concerns. Responding to questions from the Board, Ms. Eastin clarified berming and gating of accesses are addressed in the Development Standards and all other issues are addressed by the State Oil and Gas Commission regulations. She confirmed the City of Greeley's regulations are not to be enforced, reiterating they are covered by State and County regulations. Ed Stoner, Planning Department representative, stated the City of Greeley's referral is not applicable at this site and referenced Condition of Approval #3b which provides for future safety provisions. Bill Crews, CPL, represented the applicant and stated necessary changes were incorporated at the Planning Commission hearing, with the following being addressed: location of the wells, gating, fencing, industrial noise standard, and the water protection issue pursuant to the Oil and Gas Conservation Commission. He noted a directive will be issued to Prima Oil and Gas Company concerning water protection and to ensure no breach of the aquifer occurs. Responding to further questions from the Board, Mr. Crews stated the only road to be constructed is to the north well on the west side of the Harrell property, but all access roads exist. He also confirmed these wells will be the same as others in the vicinity and will include Codell and Niobrara completion. Ann Sherley of Littleton, Colorado, stated she is a member of the McElroy family and owns 20 acres to the north, and she is not satisfied with the protection of the water. She referred to Condition of Approval #5 and requested it be amended to include all cautions from the Natural Resources Conservation Service regarding water protection, as stated in the first two paragraphs of its letter dated July 11, 1995. Ms. Eastin confirmed the first paragraph of said letter is addressed by Development Standards, and the applicant will take responsibility. Mr. Stoner confirmed Development Standard #8 requires compliance with Section 904 of the Rules and Regulations of the Oil and Gas Conservation Commission, which protects water. Chuck Carlson, surrounding property owner, stated he agrees the company has a right to the oil; however, he, too, has concerns about the water, other wells in the area near faults, and proper reclamation of the wells. He also requested a copy of the Development Standards and noted close proximity of irrigation wells. Ms. Eastin noted one must contact the County to receive copies of Development Standards. 951648 PL1004 Cc: PL_ RE: HEARING CERTIFICATION - USR #1089 FOR PRIMA OIL AND GAS COMPANY PAGE 2 (Changed to Tape #95-31.) Mr. Crews referencedDevelopment Standard #8 and clarified there is no intention for a production pit, which is quite different from a reservation pit. He noted the reservation pit will not have salt or petroleum base in it, only drilling mud which will be removed from the site and returns to neutral. Addressing the fault issue, Mr. Crews stated he is not aware of any surface faults in the area, and a sub -surface fault would not be a major problem and can even be good; however, he has no specific information. Mr. Stoner reiterated Condition of Approval #3b provides security with existing fences and by access roads being fenced at existing fence lines and, if subsequent development occurs, provides further safety provisions. Commissioner Webster stated he concurs with the surrounding property owners' concerns regarding water and proper closing of wells; however, he feels the County and the Oil and Gas Commission are responsible and moved to approve the request of Prima Oil and Gas Company, c/o Bill Crews, CPL, for a Site Specific Development Plan and Special Review Permit for oil and gas production facilities in the R-1 (Low Density Residential) and 1-2 (Industrial) Zone Districts, 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 Kirkmeyer, and it carried unanimously. This Certification was approved on the 14th day of August, 1995. aat my Clerk to the Board o the Board TAPE #95-30 AND #95-31 DOCKET #95-55 PL1004 APPROVED: BOARD OF COUNTY COMMISSIONERS D COUNTY, COL RA Dale K. Hall, Chairman Barbara Kirkmeyer, George E!Baxter Constance L. 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