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Home My WebLink About20201877.tiffHEARING CERTIFICATION DOCKET NO. 2020-42 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0007, FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING A CLASS II SALTWATER DISPOSAL FACILITY AND RELATED INFRASTRUCTURE, ONE (1) 80 -FOOT BY 100 -FOOT STEEL BUILDING WITH OFFICE, A TANK WASHOUT AREA ON THE CONCRETE UNLOAD PAD AND UP TO FIVE (5) CONSTRUCTION TRAILERS AND FIVE (5) CONEX CONTAINERS FOR TEMPORARY USE DURING CONSTRUCTION IN THE A (AGRICULTURAL) ZONE DISTRICT - EWS #12 DJ BASIN, LLC A public hearing was conducted on June 24, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro -Tern Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Bob Choate Planning Services Department representative, Kim Ogle Public Works Department representative, Melissa King Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated May 1, 2020, and duly published May 6, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request of EWS #12 DJ Basin, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0007, for Oil and Gas Support and Service, including a Class II Saltwater Disposal Facility and related infrastructure, one (1) 80 -foot by 100 -foot steel building with office, a tank washout area on the concrete unload pad and up to five (5) construction trailers and five (5) conex containers for temporary use during construction in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. e Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, described the site location and relayed there is a pending Recorded Exemption application. He stated the site is located within the three (3) mile referral area of the Towns of Ault and Pierce, and reviewed the Pierce referral comments, noting Ault did not respond to the referral request. Mr. Ogle indicated the property has a moderate slope to the east toward the intersection of County Road (CR) 90 and CR 39, stating the facility site is native grass and has a barbed-wire fence perimeter. He relayed there are four (4) USRs within one (1) mile of the site and described the surrounding uses. He stated 12 surrounding property owners (SPOs) were sent Notices with one (1) response received (Exhibit D), which raised several questions, including what type of facility would be construction on the parcel, whether the applicant had conducted the appropriate studies and analysis of the project such as seismic evaluations, mitigation of nuisance conditions, and c.C:PLCK67tP) PJ(nnklpA),vH(Lo /29Iurzb 2020-1877 PL2754 HEARING CERTIFICATION - EWS #12 DJ BASIN, LLC (USR20-0007) PAGE 2 the economic viability of the facility. He confirmed, due to social distancing requirements, a neighborhood meeting was not held, but an email was sent to the City of Thornton on June 1, 2020, inviting them to visit an existing facility (Exhibit F). Mr. Ogle described the Conditions of Approval (COA) and Development Standards (DS) required for this application. He explained the facility structures and relayed a pipeline is proposed to be constructed, reducing the amount of traffic for the facility. He stated the facility will operate 24 hours a day, 7 days a week, with ten (10) full-time employees over three (3) shifts. He added the proposed COA will require an Improvements Agreement, Final Drainage Report, Final Traffic Study, Decommissioning Plan, Communication Plan and Lighting Plan. He stated 14 referrals were sent out, with four (4) offering comments, entered the favorable recommendation of the Planning Commission into the record as written, and displayed images of the site and surrounding views. IE Melissa King, Department of Public Works (PW), provided a brief overview of the transportation plans and requirements, stating construction access to the site will be on CR 39, and operational access to the site will be on CR 90. She explained CR 39 is a gravel, local road and CR 90 is a paved, collector road, she described traffic counts for each road and the 85th percentile speeds for CR 90 and stated there is not traffic data for this portion of CR 39. She reviewed revised traffic information dated April 21, 2020, including 70 daily round trips during operation along the haul route, Ms. King relayed PW received an acceptable Traffic Impact Analysis, subsequent to drafting of the Resolution; therefore, she suggested COA #1.E, be deleted. She stated the applicant will be required to submit an Improvements and Road Maintenance Agreement for dust control and damage repairs to specified haul routes and triggered off -site improvements, a final Drainage Report and Detention Design completed by a Colorado Licensed Professional Engineer, and a Weld County Grading Permit, if more than one (1) acre of land is disturbed during construction. El Lauren Light, Department of Public Health and Environment, stated water will be provided by the North Weld County Water District (NWCWD) and the applicant will install an engineered - designed septic system for the office building, she indicated an Air Pollution Emissions Permit (APEN), a Ground Water Monitoring Plan and Design Plans for the off-load area are required prior to construction. She elaborated a Waste Handling Plan and Dust Abatement Plan were submitted, and a Secondary Containment and Leak Detection System are required. She stated a Spill Prevention, Control and Countermeasure (SPCC) Plan will be kept on site and mentioned DS #19 - 40 address Environmental Health items, typical of commercial injection wells. In response to Commissioner Kirkmeyer, Ms. King stated she would research what is planned for the access at CR 90 and U.S. Highway 85. e Eric Wernsman, Wernsman Engineering and Land Development, LLC, represented Expedition Water Solutions (EWS) #12 DJ Basin, LLC, and relayed EWS is expanding its operations in Weld County, going to great measures to pick sites that have minimal impact to neighboring properties. He described the proposed buildings and noise levels, tank washout area, concrete containment area, leak detection system, stormwater detention facility, and restrooms for employees and truck drivers. He relayed if the pipeline is not constructed, then the facility will not be constructed and, described the backup plan for another facility. He noted EWS will acquire all the necessary permits from Weld County, the State of Colorado and the Colorado Oil and Gas Conservation Commission (COGCC), and stated EWS has seismic monitoring on all their injection wells, with no measurable seismic activity found. Mr. Wernsman stated the City of 2020-1877 PL2754 HEARING CERTIFICATION - EWS #12 DJ BASIN, LLC (USR20-0007) PAGE 3 Thornton was invited to tour the EWS #6 facility on CR 19; however, no response was received. He stated, in response to an email form the City of Thornton (Exhibit D), the application was revised providing clarification with regard to the COGCC approval. He relayed EWS operates several sites in Weld county with no violations, described the function and depth of the injection well, and elaborated on the work with PW regarding a safe access location. He stated EWS will provide a Decommission Plan, and in response to Commissioner James, Mr. Wernsman reiterated if the pipeline is not constructed, the facility will not be needed, hence the low count of truck traffic. ID No public testimony was offered concerning this matter. ID In response to Chair Freeman, Mr. Wernsman confirmed COA # 1.E may be removed, and responding to Commissioner Kirkmeyer's earlier question, Ms. King stated the Access Control Plan recommends a traffic signal for the intersection of CR 90 and U.S. Highway 85. Responding further, she stated CR 88 adjoins the property, is a paved, local road and Chair Freeman confirmed the haul route is 50% CR 90 to U.S. Highway 85 and 50% CR 90 to State Highway 14. In response to Commissioner Kirkmeyer, the applicant confirmed a Noise Study was not presented, because the noise levels outside other facilities are at 50 db(A) or less, and Mr. Ogle confirmed there are four (4) surrounding residences. Responding further to Commissioner Kirkmeyer, Mr. Wernsman stated the lighting will be downcast fixtures, will follow a Dark Sky Policy, the applicant will plant trees, for screening/landscaping, if necessary and there will be outside storage. a In response to Commissioner James, Ms. King confirmed the concerns raised by PW have been addressed in COA #1.J.11, so COA #1.B. (access locations) may be deleted. Chair Freeman confirmed deletion of COA #1.E. In response to Commissioner Kirkmeyer, Mr. Wernsman detailed the Communication Plan they have utilized with the other locations, providing a cell number to the surrounding neighbors. There was discussion of adding the Dark Sky Policy verbiage to COA #1.H and amending COA #1.1, to read: "A Screening Plan shall be submitted to, and approved by, the Department of Planning Services that screens the site and any outside storage from the surrounding property owners and public rights -of -way". In response to Commissioner Moreno, Mr. Wernsman confirmed there is a gated entrance, and Commissioner James recommended a change in DS #4 (number of employees), removing the number of shifts. Commissioner Kirkmeyer requested a modification to DS #7 to read, "The proposed screening on the site shall be maintained in accordance with the approved Screening Plan", additionally modifying DS #8 by removing Communications Plan and adding a new DS #9 (Communication Plan). In response to Commissioner Kirkmeyer, the applicant acknowledged portable toilets will be at the facility only during construction. It was agreed upon to delete DS #36 (permissible noise level) and insert the Dark Sky Policy in DS #42 (sources of light). The Board agreed to all of the aforementioned changes. IR In response to Chair Freeman, Mr. Wernsman, on behalf of the applicant, indicated they have reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. El No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. 2020-1877 PL2754 HEARING CERTIFICATION - EWS #12 DJ BASIN, LLC (USR20-0007) PAGE 4 -�-- Commissioner Moreno moved to approve the request of EWS #12 DJ Basin, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0007, for Oil and Gas Support and Service, including a Class II Saltwater Disposal Facility and related infrastructure, one (1) 80 -foot by 100 -foot steel building with office, a tank washout area on the concrete unload pad and up to five (5) construction trailers and five (5) conex containers for temporary use during construction 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 Ross, and it carried unanimously. There being no further discussion, the hearing was completed at 10:32 a.m. This Certification was approved on the 29th day of June, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: didiet) jdo•il Weld County Clerk to the Board Mike Freeman, Chair arbara Kirkme o-Tem kuilk4A-leAL Kevin D. Ross 2020-1877 PL2754 ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL 1 COUNTY OF RESIDENCE SPEAKING (Y/N)? S ` Locinnictr1 � -e 7 % 'S Nel r/vi (-/c wcE j t' G r�.*./� �t.e�� , �;.w<<,, CJeLy"— 2A- 4l7 ,241/1-22 Attreitv-e P/otte ) WQ iciV, 6 `(J✓,0.S'ld '.0 q -,/ 1.4, ��,,C7 £� i b Y� ' GD/.� �y o �I c, ,,.��,,,,QQ�,� rJ/d - 0) 4 1 6 �1 A..� Ja it_e__s -7/� 4, Aeoie f�/ kiT, t.� ece4.9s ti-o/e k.-----Jl(a-see . N ri CL Ls c-, -4 o4 I' J6�27h} c hI j3 pg C ��.a.,, -6X .Co----- 4�k►�)m£a2 y C)t)\)1(--� C / X1,0 (. I-1\ cV1-6 *6 '‘^' tvv\ m (.1kti,,,i C,Ju,Iscn 3 6 oi N . 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