HomeMy WebLinkAbout950691.tiffHEARING CERTIFICATION
DOCKET NO. 95-16
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1067 FOR A
LAND TREATMENT FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT -
H. S. RESOURCES, INC.
A public hearing was conducted on February 22, 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 - EXCUSED
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Gloria Dunn
The following business was transacted:
I hereby certify that pursuant to a notice dated January 30, 1995, and duly published February 9,
1995, in the Windsor Beacon, a public hearing was conducted to consider the request of H. S.
Resources, Inc., for a Site Specific Development Plan and Special Review Permit #1067 for a land
treatment facility in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney,
made this a matter of record. Gloria Dunn, Planning Department representative, entered the
favorable recommendation of the Planning Commission into the record as written. Patrick Flynn,
Environmental Affairs Manager for H. S. Resources, Inc., represented the applicant and reviewed
his presentation which summarized the materials before the Board. He noted the bulk of Elk
Exploration's operations are in Weld County, and the lower 80 acres of the 160 -acre site near
Platteville will be used for a land treatment facility to recycle wastes on site to use for construction
materials on other sites. Mr. Flynn noted a low -impact method will be used to treat oil in the soils
and will meet all requirements of the Oil and Gas Commission. He stated a closure plan will be
submitted to the State and Weld County Health Departments and the land will be returned to its
pre-existing condition. He noted the owners of the Wardell farm have concerns about the water
supply and an agreement has been negotiated for well monitoring. Mr. Flynn stated damage is
highly unlikely; however, the agreement is in writing and if the monitoring reports indicate any
damage by the facility, a deeper water well will be provided. Responding to questions from the
Board, Mr. Flynn stated the facility will most likely use only 40 acres in the southeast quarter of the
southeast quarter, with 80 acres being the maximum, even though H. S. Resources owns the entire
160 acres adjacent to Weld County Road 32, which is paved. He stated the minimum life of the
facility will be 15 to 20 years and further explained the restoration plan, which will be approved by
the Oil and Gas Commission and the Health Department. Mr. Flynn reiterated the area will be
restored and reseeded to its native mixture of rangeland soils and grasses. He confirmed for the
Board that Development Standard #11, requiring on -site monitoring wells, provides mitigation of
the Wardell's concerns and, in addition, monitoring, sampling and analysis of the Wardell's wells
will be completed. He located the monitoring wells in the area and stated they are monitored on
a quarterly basis and reported to the Health Department and the State. Mr. Flynn noted high
standards are maintained for the company's credibility. Concerning Condition of Approval #3b, Ms.
Dunn confirmed for the Board that the applicant had provided information regarding the number
of vehicles, type, size, weight, and frequency of visits, and Don Carroll, Public Works Department,
did not recommend a road maintenance agreement. She also referenced a letter from the Division
of Water Resources indicating no objection, which satisfies Condition of Approval #3a and was
submitted to the Board this morning. Mr. Morrison suggested the proposal with the Wardells be
submitted for the record. Mr. Flynn stated the original written agreement was FAXED to the
Wardells and the Health Department but has since been amended. He noted if contaminants are
detected in the monitoring well analysis of the Wardell well, the agreement would be void; however,
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RE: HEARING CERTIFICATION - H. S. RESOURCES, INC.
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if the baseline assessment results are clean, the agreement will be entered into, with a stipulation
that if any damage occurs, the well will be deepened. Chairman Hall suggested the requirement
for said agreement be added as a Development Standard or Condition of Approval, and Mr.
Morrison agreed. Mr. Flynn submitted said agreement to Mr. Morrison as Exhibit E. Responding
to further questions from the Board, Mr. Flynn stated the hydrocarbons and composting may
possibly create odors; however, the facility is required to control nuisance conditions pursuant to
Development Standard #6. Roy Wardell, surrounding property owner, stated he has a good
working relationship with H. S. Resources; however, he is concerned about the proposed facility
being only 1,000 feet away from his main water source and noted the well is 35 feet deep. He
reiterated they have been working in good faith on the written agreement; however, he noted it is
not signed and problems still exist. He requested the final, executed agreement be made part of
the record. Mr. Wardell agreed the chances for contamination are small; however, the possibility
is a big deal to him. Responding to questions from the Board, Mr. Wardell again stated both parties
have agreed to work in good faith to resolve the agreement and confirmed an agreement will be
reached. Mr. Morrison clarified, if the agreement cannot be resolved, the Board must make a
decision on the issues in absence of the agreement for protection. He also suggested the
deficiencies in the agreement be identified and reiterated if a private agreement is not reached
within a short time, the Board must make the decisions. At the request of the Board, Mr. Wardell
stated the unresolved issues concern monitoring and are technical, including the level of
contaminants found in the well and the frequency of monitoring. He further explained that it is
possible that the well is already slightly contaminated and, if H. S. Resources detects any level of
contamination in said well, the agreement will be null and void. He noted the potential for more
problems. Commissioner Webster suggested an agreement be resolved within 30 days or the
matter be brought back before the Board. Gary Wardell questioned whether the site plan must be
completed before treatment is allowed. He noted all 160 acres are supposed to be fenced with a
six-foot chain -link fence before operation. Commissioner Kirkmeyer confirmed said fencing
requirement is established in Condition of Approval #4. Gary Wardell stated his intent is not to stop
the operation, but he does have concerns and questions and noted that soil has been moved onto
the property. He reiterated concern about contamination and permitting operation before the site
is appropriately developed. Ms. Dunn stated the application was submitted at the end of
September and field checks have been completed. She noted awareness of the stockpiling and
some activity on the site; however, since no building permits have been requested and the Permit
is in the process of being approved, the applicants were not told to stop. Ms. Dunn noted,
however, the applicants had not been given permission either. Gary Wardell requested no more
activity occur until the site plan is completed and stressed how incredibly important their stockwater
is. Commissioner Kirkmeyer noted Condition of Approval #2 requires the plat be recorded before
activity occurs. Mr. Flynn reviewed the background for determining the hydrology conditions of the
site and the discussion regarding the agreement with Roy Wardell. He stated the ground water
study indicated shallow ground water is not present, soil borings were drilled, and ground water
monitoring wells were developed. He noted it would take 500 years for movement of the water in
the clay level to the Wardell property. Mr. Flynn reviewed a diagrammatic log on the Wardell well
and reiterated the water is protected by 15 to 20 feet of clay. He stated H. S. Resources wants to
be a good neighbor and the agreement will be entered into protecting Mr. Wardell in any event,
unless contaminants are found in the water now due to numerous other oil operations in the area.
Mr. Flynn clarified H. S. Resources cannot protect the well if the water is not good to begin with;
however, it will be fully responsible for any actions by the facility and protect the water if it is good
and has no problems. Chairman Hall questioned H. S. Resources' position regarding the amount
of contamination, and Mr. Flynn stated any amount of benzene detected in drinking water is out
of compliance and could not be caused by H. S. Resources' activities. He noted the agreement
was done proactively and in good faith. He further explained the facility will continue with its own
groundwater monitoring and the Health Department will require the correction of any occurring
problems. Chairman Hall referred to Development Standard #11 requiring the Health Department
be notified of any contamination and the development of a remedial action plan, which was
confirmed by Mr. Flynn. Mr. Flynn explained frac sand has been transported and stockpiled on the
site and a berm has been built; however, no treatment has begun. He stated H. S. Resources'
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RE: HEARING CERTIFICATION - H. S. RESOURCES, INC.
PAGE 3
position is that material it owns is being stored on land it owns and reiterated the Health and
Planning Departments are aware of the situation, and the facility is in the Permit process. Mr.
Flynn requested the fencing requirement be limited to only the area where the land treatment is
occurring, which would be approximately 40 to 60 acres. He explained the area has not been
fenced pending the Board's decision and noted the need for other companies to access the
property. Mr. Flynn stated the Permit will allow proactive means of dealing with wastes as an
alternative to landfilling and leaving the wastes on properties. He also noted the process is above
and beyond environmental practices since the facility will actually be recycling. Responding to a
question from Commissioner Baxter, Mr. Flynn reiterated the provision that, if the Wardell well is
not clean to begin with, the agreement will be unresolvable. He noted, however, that the
agreement has been negotiated in good faith and Roy Wardell has open access to the facility and
will receive copies of the monitoring reports. He also confirmed that if any problems are found in
H. S. Resources' wells, the monitoring of Roy Wardell's well will be switched to quarterly testing
rather than annual. Mr. Flynn noted his sole job is to protect the company and make sure it
complies with all laws. Commissioner Kirkmeyer stated she would like to see H. S. Resources and
the Wardells work out the agreement rather than the Board. She confirmed with Mr. Flynn that
Condition of Approval #4 concerning the fence should read: "... shall be constructed around the
perimeter of the area of activity." Ms. Dunn confirmed Condition of Approval #3 should be deleted
since it was satisfied prior to scheduling before the Board. Chairman Hall stated there are only four
Commissioners present and explained that in the case of a tie vote Commissioner Harbert would
review the record and cast the deciding vote. At the request of Commissioner Kirkmeyer, Mr.
Morrison read language for the addition of Condition of Approval #6 into the record, which requires
a signed copy of the agreement with the Wardells be submitted by a certain date in case the Board
needs to review the issue. After further discussion, Commissioner Kirkmeyer moved to approve the
request of H. S. Resources, Inc., for a Site Specific Development Plan and Special Review Permit
#1067 for a 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 deleting Condition of
Approval #3, renumbering the following Conditions of Approval consecutively, amending Condition
of Approval #4 to require fencing around the perimeter of the area of activity only, and adding a
Condition of Approval requiring the agreement with the Wardells be resolved by March 1, 1995.
The motion was seconded by Commissioner Webster, and it carried unanimously.
This Certification was approved on the 27th day of February, 1995.
APPROVED:
Weld County Clerk to
the)Board
BY it y h� l� s�y
Deputy Clerk to the Board
TAPE #95-07
DOCKET #95-16
PL0984
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
Dal p K. Hall, Chairman
Barbara J. Kirkmeyer, P;o-Tem"
'zC
eorge . Baxter
Fxr:l MR)
Constance L. Harbert
W. H. Webster
22h
PL0984
930691
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 22ND DAY OF FEBRUARY, 1995:
DOCKET # 95-16 - USR #1067 FOR H. S. RESOURCES, INC.
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.
NAME AND ADDRESS (Please include City and Zip Code)
HEARING ATTENDING
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