HomeMy WebLinkAbout20193430.tiffHEARING CERTIFICATION
DOCKET NO. 2019-87
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0024, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY -
SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT -
PATRICK AND JULIE SIMONS
A public hearing was conducted on August 7, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Angela Snyder
Public Works Department representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated June 12, 2019, and duly published June 14,
2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Patrick
and Julie Simons, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0024, for Mineral Resource Development Facilities, Oil and Gas Support and Service
(Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone
District. Bob Choate, Assistant County Attorney, made this a matter of record.
Chair Kirkmeyer reviewed for the applicant and the public, the procedures to follow should
this case result in a tie vote due to four (4) Commissioners being present and
Commissioner Freeman excused.
El Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and stated there were 11 referrals sent out with no objections returned. She described the steel
building onsite, the contents within, the concrete truck unload pad, and explained a pipeline will
be constructed to the site to deliver water to minimize the truck traffic. She indicated there will be
ten (10) full-time employees over three (3) shifts and described the parking area. Ms. Snyder
mentioned there is no screening or landscaping proposed, and described the adjacent lands and
uses. She provided images of the site and surrounding views, and indicated there was no
concerns expressed from outside referral agencies. She entered the favorable recommendation
of the Planning Commission into the record as written, and in response to Commissioner Conway,
explained the surrounding property owner (SPO), who expressed concern regarding traffic, lives
across the street from the proposed property.
Cc:PLcas(TP), PwC.P/TS). af-1(8F)
lO/O9/19
2019-3430
PL2687
HEARING CERTIFICATION - PATRICK AND JULIE SIMONS (USR19-0024)
PAGE 2
la Evan Pinkham, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, and indicated access is on County Road (CR) 55. He
stated there were no traffic counts in the area from recent years and explained the roundtrip traffic
as included in the application materials. He indicated PW is requiring tracking control and an
Improvements and Road Maintenance Agreement, and stated the,, applicant had submitted a
preliminary drainage report. In response to Commissioner Conway, Mr. Pinkham agreed to
research previous average daily traffic counts.
e Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated the applicant will be installing a commercial septic system. She indicated
any drains on the site will drain to the offload pad, and explained a Groundwater Monitoring Plan
will be required for any recycling operations. She indicated Development Standards (DS) #17-38
address Environmental Health items.
Eric Wernsman, Wernsman Engineering and Land Development, LLC, represented the
applicant and stated Expedition Water Solutions is working to expand operations in Weld County,
and explained the site selection to minimize impacts to the nearest properties. He described the
steel building, noise levels, the tank containment area, the unload pad, washout area, precaution
systems, and restrooms. He reiterated there will be a pipeline constructed to the site for water
and mentioned there is another injection well site within the Southeast Weld Fire District. He
described a community meeting held to discuss the project and in response to Chair Kirkmeyer,
referred a question regarding the community meeting to Jim Goddard, Expedition Water
Solutions. Mr. Goddard stated there were 18 people in attendance, traffic concerns were
addressed, and he reiterated they are looking to import water to the site through a pipeline.
CI No public testimony was offered concerning this matter.
El In response to Commissioner Conway's aforementioned question, Mr. Pinkham provided
2013 traffic counts for the site.
• In response to Commissioner Moreno, Mr. Wernsman referred to the noise measurements
for existing sites, described the lighting on the site and referenced an image included in the staff
PowerPoint. In response to Commissioner James, Mr. Wernsman indicated there had not been a
noise study done for the proposed facility. Chair Kirkmeyer reiterated the applicant is agreeing to
the residential noise standard, and in response to Commissioner Conway, Mr. Wernsman agreed
the nearest residence is approximately a half mile away and the applicantsare willing to comply
with the noise standard, as written.
• In response to Chair Kirkmeyer, Mr. Wernsman explained there would be little to no fencing
at the site and responding to Commissioner Conway, he stated they did not plan to have portable
toilets at the site. In response to Chair Kirkmeyer, Mr. Wernsman indicated the construction period
would be eight (8) months to one (1) year. Chair Kirkmeyer suggested modifying Condition of
Approval (COA) #1.A (Improvements and Road Maintenance Agreement) to be during the
construction period.
2019-3430
PL2687
HEARING CERTIFICATION - PATRICK AND JULIE SIMONS (USR19-0024)
PAGE 3
In response to Chair Kirkmeyer, Mr. Wernsman stated he had no questions or concerns
regarding the Conditions of Approval and Development Standards.
Chair Kirkmeyer reitereated her request to modify COA #1.A to be during the construction
period and there was additional discussion regarding the requirements of the condition.
Chair Kirkmeyer suggested deleting COA #1.D (Communication Plan) and adding the Dark Sky
Policy in COA #1.E (Lighting Plan). In response to Commissioner Conway, there was discussion
concerning the requirements of the Dark Sky Policy. Chair Kirkmeyer mentioned deleting the "s"
from "locations" in COA #1.F.8 (access locations), and remove "communication" in DS #6 (plan
compliance). Chair Kirkmeyer suggested changing "Improvements" to "Road Maintenance"
Agreement in DS #13, and after additional discussion, Mr. Choate provided the language for COA
#1.A (Improvements and Road Maintenance Agreement), and the Board agreed to change DS
#12 to include compliance with the Road Maintenance Agreement. Chair Kirkmeyer mentioned
the Dark Sky Policy needed to be added to DS #39 for consistency and she confirmed the proper
changes were made to COA #1.A to reflect the language suggested by Mr. Choate. Mr. Choate
further described the requirements of the Condition and the Board agreed to all of the changes.
e Mr. Wernsman indicated he had reviewed, and on behalf of the applicants, agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
There was no public testimony offered concerning the changes to the Conditions of Approval
and Development Standards.
Commissioner Conway moved to approve the request of Patrick and Julie Simons for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0024, for Mineral
Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste
Disposal Facility - Saltwater Injection Facility) 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 Moreno,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:33 a.m.
2019-3430
PL2687
HEARING CERTIFICATION - PATRICK AND JULIE SIMONS (USR19-0024)
PAGE 4
This Certification was approved on the 12th day of August, 2019.
BOA OF COUNTY COMMISSIONERS
WE !""s CUNT JG6LORADO
ATTEST: (.( .�d%cA44) ;e1
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APP' : V - P AS
y Attorney
Date of signature: O/a2/1q
Barbara Kirkmeyer, Chair
EXCUSED
Mike Freeman, Pro-Tem
Sean PConway
Scott K. James
i'
Steve Moreno
c
2019-3430
PL2687
ATTENDANCE LIST
1)(' r2D
NAME - PLEASE PRINT LEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
RESIDENCE
SPEAKING
(Y/N)?
G 4 V , 4e_-,
L -r ik-"-? WV-& U0k-`( ,c -'55c
- c ,k v Per' -e4 -LL Co--
Cble
N/,' 4,-, <)eiel,4_,,
"(')0 /1 • Fy3r--)T- 5/ - (CY &2,14.\
val - - 114
112,11 1111g4/
A')
, 37
_1 7‘;'04'//fr-1(')-Y/De.0/,
. L„),.,,,_. , ,..-.
*.._.,
'/
-p�5o
--5o5-b CS T " Ao&
,,$) /-, co
'E, L -J16 G e f tc5 . C Gam '.
top,,,,c7
%
1Q.g\i, for..\fc,c,,,*
,,
v-\OYU (\Iccxv (i)A')\-).6-,s cow\
LicANApfer
\
�9ez,7- Nioi,".ic
9bo iiJotKIAL M,API,L bi, ti►,'
CMMK,lc ,ii4s 0 ,cc, fli
L_ALA, IZ
I.(,), -Q\ Syk.K4j
71%, . ,i:-.4- kw u, 6 o l cf
�i 1 k61 k a 91,4W.; Ltv1�,
V-
L e / D
y
r9 kJ.4-(---
1? fl`..D 7" ,1- i
y
Lic\,., 1> rr(%rh'1D�
23 3 VI 1.,)L 2 'IL( LA
'�
61h-i
1e y 6IRhi+ ,�I . (u.--
Wf )P
V
1/
� 611 a(-C/611C� CR6
Se�6
631 Z t,N), 6 71-11 1---er .ii"f)'
L-1( 42 I,,s,r-e Au12;, cow
`7-qhafr'''--1
0,.-7 >
s
Hello