HomeMy WebLinkAbout990426.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, % HOWARD BOATRIGHT
A public hearing was conducted on March 3, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern
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 on November 9, 1998,
to consider the request of Enviro-Cycle, LLC, c/o 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, the Board deemed it advisable to continue said matter to
March 3, 1999, due to unresolved issues regarding a Certificate of Designation and jurisdiction.
At said hearing on March 3, 1999, Lee Morrison, Assistant County Attorney, made this a matter of
record. Scott Ballstadt, Department of Planning Services, gave a brief description of the location
of the facility and stated the referrals and letters of concern have been addressed in the Conditions
of Approval and Development Standards. Mr. Ballstadt referred to a letter from the Colorado
Department of Law dated March 2, 1999, marked Exhibit T, indicating the State Health Department
will not require the facility to have a Certificate of Designation; however, the County may still make
such a requirement if it so chooses. The letter further states the Oil and Gas Commission has
jurisdiction over the injection well and has agreed to review the facility to ensure it meets
Commission regulations, as well as those of the State Health Department. In response to Chair
Hall, Mr. Morrison stated although the Board made a previous finding that a Certificate of
Designation is necessary, he feels that based on the discussed letter, a new finding can be made
and the CD portion of the hearing be closed. Responding to Commissioner Kirkmeyer, Mr.
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HEARING CERTIFICATION - ENVIRO-CYCLE, LLC, % HOWARD BOATRIGHT (USR#1198)
PAGE 2
Morrison clarified neither the Oil and Gas Commission nor the Department of Public Health and
Environment require a CD. In response to Commissioner Kirkmeyer and Chair Hall, Trevor Jiricek,
Department of Health, stated he has not received any written comments from the Oil and Gas
Commission as to whether the facility meets the necessary requirements and he feels the facility
will receive adequate coverage by the Commission to address any concerns the County Health
Department may have, therefore a CD is not necessary. Responding to Commissioner Geile, Mr.
Morrison stated the Board can make its decision today with a stipulation that confirmation is
received from the Oil and Gas Commission that the facility is in compliance. Mr. Ballstadt
expressed concern with approving the Special Review Permit prior to having received comments
from the Oil and Gas Commission. He stated if the Commission requires significant changes, the
applicant may be required to amend the permit and reappear before the Board. Chair Hall
commented the letter from the Attorney General indicates both the State Health Department and
Oil and Gas Commission agree with the terms described; however, he is not comfortable with
making a decision without specific findings by the Commission.
Howard Boatright, applicant, stated two members of the Oil and Gas Commission received copies
of the letter from the Attorney General's Office and their absence indicates they have no concerns
which need to be addressed. Mr. Boatright stated he would like to move forward with the hearing
so he can begin work at the site. In response to Commissioner Kirkmeyer, Mr. Boatright stated he
received a letter listing three criteria to be met once the well is dug; however, they have no letter
indicating the criteria have been met. Mr. Morrison clarified the letter resolves the issue regarding
the necessity for a Certificate of Designation; however, the Oil and Gas Commission did not
complete its review of the receiving facility once the jurisdictional dispute began. Mr. Jiricek
confirmed the Oil and Gas Commission has not submitted its review of the facility. In response to
Commissioner Kirkmeyer, Mr. Morrison explained his memorandum dated October 21, 1.998,
addressed the State regulations; however, the he did not address the Federal regulations. In
response to Mr. Morrison, Mr. Boatright stated he has no intention of redesigning the facility at this
time. Responding to Chair Hall, Mr. Boatright stated he does not feel a Certificate of Designation
is necessary for the facility.
Janet Bolinder Frazer, surrounding property owner, expressed concern regarding contamination
of her well which is located within one-quarter mile from the site. Commissioner Kirkmeyer stated
the monitoring of the well will be addressed by the Special Review Permit, and she explained a
Certificate of Designation will not ensure any higher health standards than the USR permit.
Based on the letter from the Attorney General's Office, Commissioner Kirkmeyer moved to Find
a Certificate of Designation is not required for said Special Review Permit. Seconded by
Commissioner Baxter, the motion carried unanimously.
Chair Hall called for public input regarding the possible continuation of this hearing. Hearing none,
he closed public testimony. In response to Chair Hall, Mr. Jiricek stated the Oil and Gas
Commission may have conducted a preliminary review, and he added the applicant has the ability
to speed the process if he remains in contact with the Commission to get the process finalized.
Mr. Boatright clarified he has not been contacted by the Oil and Gas Commission; however, he will
work diligently to get their recommendation. In response to Commissioner Kirkmeyer, Mr. Morrison
stated the recommendation from the Oil and Gas Commission does not need to be formally
approved in an Oil and Gas Commission meeting.
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HEARING CERTIFICATION - ENVIRO-CYCLE, LLC, % HOWARD BOATRIGHT (USR#1198)
PAGE 3
Commissioner Kirkmeyer 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 April 21, 1999, at
10:00 a.m., to allow adequate time for the Oil and Gas Commission to complete its review of the
receiving facility. The motion was seconded by Commissioner Baxter, and it carried unanimously.
This Certification was approved on the 8th day of March, 1999.
APPROVED:
ATTEST: ALA/ f � BOARD OF COUNTY COMMISSIONERS
D COUNTY, C LO DO
Weld County Clerk �cth 'r,.:'f'►,.
_/,J VV ` c �1 Dale K. Hall, Chair
BY: • A �
Deputy Clerk to •�f�� 4 a AjAkicti
t /Barbara Kirkmeyer, Pro-Terr0
TAPE#99-06 and #99-0
te
eorge E Baxter
DOCKET#98-57
EXCUSED DATE OF APPROVAL
M. J. Geile
(AA
Glenn Vaad c
990426
PL1259
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 3RD DAY OF MARCH, 1999:
DOCKET#98-57 - ENVIRO-CYCLE, LLC, CIO HOWARD BOATRIGHT
DOCKET#99-13 - MORIAH ESTATES, C/O JIM SCOTT
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