HomeMy WebLinkAbout20223159.tiffHEARING CERTIFICATION
DOCKET NO. 2022-91
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0026, FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING CLASS II
OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY AND
RELATED TANKS AND ANCILLARY EQUIPMENT OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND PRODUCTION, LLC
A public hearing was conducted on November 30, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno — EXCUSED
Commissioner Lori Saine — EXCUSED
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Maxwell Nader
The following business was transacted:
El I hereby certify that pursuant to a notice dated October 11, 2022, and duly published
October 14, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request
of Calvary Farms, LLC, c/o Bayswater Exploration and Production, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR22-0026, for Oil and Gas Support and
Service, including Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility and related
tanks and ancillary equipment outside of subdivisions and historic townsites in the A (Agricultural)
Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record.
Chair James instructed the applicant and reviewed for the public, with two (2) of the five (5)
Commissioners being excused, the vote must be unanimous for the case to be approved today.
The applicant indicated they wished to proceed.
El Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal
and described the facility location, size, equipment and system operation. He stated the facility
will operate 24 hours a day, seven (7) days a week, and two (2) employees will be onsite for one
hour for daily equipment and operation checks. Mr. Nader explained the estate planning
procedure which placed the WOGLA18-0019 and WOGLA18-0020 in the proposed USR22-0026
onto one (1) parcel (WOGLA18-0019), separating the agricultural production. He explained
Conditions of Approval (COA), #1.A (partial vacation of Lot B or RECX16-0112) and #1.B (New
Deeds), may be removed if this application is approved. Mr. Nader described the sign posting,
and stated no correspondence was received from surrounding property owners (SPOs). He
shared, per the Development Review staff, the applicant proposes utilizing the existing permitted
cc: PL (TP/MW)
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2022-3159
PL2849
HEARING CERTIFICATION - CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND
PRODUCTION, LLC (USR22-0026)
PAGE 2
access onto County Road (CR) 39 be used for the project, and no other access is requested. He
stated CR 39 is a paved local road, which requires 60 feet of right-of-way, the most recent traffic
counts found the annual average daily traffic is 973 vehicles per day, with 18% trucks, and the
85th percentile speed is 64 MPH. Additionally, a Preliminary Traffic Impact Study submitted
reports approximately 296 large trucks and four (4) pick-up trucks per day, and a Final Traffic
Impact Study shall be submitted. He stated Development Review is requesting an Improvements
and Road Maintenance Agreement for dust control, damage repairs to specified haul routes and
possible triggered off -site improvements, which are not limited to auxiliary lanes for acceleration
and deceleration for access onto CR 39 at the access. He further stated the applicant has
submitted a preliminary Drainage Report; however, a Final Drainage Report and Detention Pond
design, completed by a Colorado licensed professional engineer, is required prior to recording
the USR map. He shared, per the Environmental Health staff, no permanent employees will be at
the site once construction is complete, but during construction and after completion, bottled water
and portable toilets are required. He shared a groundwater monitoring plan and off-load pad
design are conditions required prior to recording the map, typical waste and dust standards are
included, and a recommendation of a commercial noise standard for the site and Development
Standards (DS) #17 - #39 address environmental health items. He shared the site is located within
the three (3) mile referral area of the Towns of Ault and Eaton, but the Town of Ault did not return
a referral. However, the Town of Eaton's referral had comments relating to the impacts to roads,
suggesting full truck traffic travel from the CR 39 access north to State Highway 14. Mr. Nader
relayed the site is also located within the Town of Ault's Coordinated Planning Agreement area,
and the applicant submitted a Notice of Inquiry (NOI) form with the application and stated the
Town of Ault has no interest in annexation at this time. He described the surrounding Uses, and
explained the estate procedures and the resulting deed of the properties as described above,
which will allow removal of COA #1.A and #1.B. Mr. Nader displayed images of the site and
surrounding views, and entered the favorable recommendation of the Planning Commission into
the record as written.
Lauren Walsh represented the applicant and provided a description of Bayswater Exploration
and Production.
Ryan Kaminky represented the applicant and provided an overview of the application and the
facility. He stated most of the water is being trucked to third -party disposal sites, described the
connection and phases of two nearby pipeline projects, displayed the proximity of each site, and
explained the beneficial impacts of the pipeline, including reduction of delivery trucks and noise.
''' No public testimony was offered concerning this matter.
El In response to Chair James regarding the COA and DS, Mr. Kaminky stated the truck volume
has changed, based on an updated forecast, and haul routes will be addressed, per the Town of
Eaton's request.
The Board approved staff's recommendation of striking COA #1.A and #1.B. In response to
Chair James, both Mr. Kaminky and Mr. Nader confirmed a lighting plan is in place. The Board
agreed to the aforementioned changes.
2022-3159
PL2849
HEARING CERTIFICATION -CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND
PRODUCTION, LLC (USR22-0026)
PAGE 3
Ei In response to Chair James, Mr. Kaminky indicated they have reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
El Commissioner Buck moved to approve the request of Calvary Farms, LLC, do Bayswater
Exploration and Production, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR22-0026, for Oil and Gas Support and Service, including Class II Oilfield
Waste Disposal Facility - Saltwater Injection Facility and related tanks and ancillary equipment
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of Approval
and Development Standards, as amended. The motion was seconded by Commissioner
Freeman, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:26 a.m.
This Certification was approved on the 19th day of December, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD QOUNTY, COLORADO
ATTEST: ditdivo G •4,
Weld County Clerk to the Board
BY:
N
eputy Clerk to the Board
Scot! K. James, Chair
EXCUSED
Lori Saine
2022-3159
PL2849
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