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HomeMy WebLinkAbout20191263.tiffHEARING CERTIFICATION DOCKET NO. 2019-35 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0119, 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 - MICHAEL AND MARY KRIER, C/O EXPEDITION WATER SOLUTIONS COLORADO, LLC A public hearing was conducted on April 3, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro -Tern Commissioner Sean P. Conway Commissioner Scott K. James - EXCUSED Commissioner Steve Moreno Also present: Acting Clerk to the Board, Jessica Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Tom Parko Public Works Engineer representative, Hayley Balzano Health Department representative, Ben Frissell The following business was transacted: • I hereby certify that pursuant to a notice dated February 22, 2019, and duly published February 27, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Michael and Mary Krier, c/o Expedition Water Solutions Colorado, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0119, 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 James excused. • Tom Parko, Department of Planning Services, presented a brief summary of the proposal and indicated the site is located on Lot A of RECX19-0010. He stated the facility will operate 24 hours a day, seven (7) days a week, and there will be a steel building that houses an office area and the injection pumps. He explained there will be a concrete tank containment area, a concrete truck unload pad, and he noted there will be minimal traffic related to the site. Mr. Parko provided information about parking and the number of employees and stated 12 referrals were sent out and three (3) referral agencies responded. He displayed images of site, and explained no screening or landscaping was proposed. He showed surrounding properties, described their uses, and entered the favorable recommendation of the Planning Commission into the record as written. c.c:PLC TP), PWCH4),£hl( BF) osioaii9 2019-1263 PL2650 HEARING CERTIFICATION - MICHAEL AND MARY KRIER, C/O EXPEDITION WATER SOLUTIONS COLORADO, LLC (USR18-0119) PAGE 2 ki Hayley Balzano, Department of Public Works, provided a brief overview of the transportation plans and requirements, stated the access is on County Road (CR) 100, and provided the daily roundtrips and average speeds. She explained tracking control, stated an Improvements and Road Maintenance Agreement is required, and presented the drainage and grading requirements. • Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated there will be up to ten (10) full-time employees. He indicated water will be provided by a proposed commercial well, and septic will be provided by a proposed, installed and permitted, commercial septic system. He explained a Groundwater Monitoring Plan and Offload Plan Pad Design are required, and Development Standards (DS) #16-38 address Environmental Health (EH) items. e In response to Chair Kirkmeyer, Ms. Balzano clarified the difference between Conditions of Approval (COA) #I.F.6 and #1.F.7, explaining one applies to the Recorded Exemption, not the Use by Special Reivew (USR), and once the Recorded Exemption is complete, the Rights -of -Way will not touch the project. IR Eric Wernsman, Wernsman Engineering and Land Development, represented the applicant and provided information about the project, including noise mitigation, equipment safety measures, the restroom plan. He indicated the pipeline and injection well will most likely be constructed at the same time. • No public testimony was offered concerning this matter. • Chair Kirkmeyer suggested deleting the last sentence of COA #1.A, regarding agreement provisions, deleting COA #1.E (Communication Plan), and deleting COA #1.F.6 and COA #1.F.7 (right-of-way requirements), and the Board agreed. In response to Commissioner Conway, Mr. Wernsman explained there will be a pipe gate at the site entrance. Chair Kirkmeyer suggested deleting the words "and the communication plan" in DS #6, and in response to Commissioner Conway, Mr. Wernsman confirmed the number of employees in DS #4 is sufficient. The Board clarified the requirement of the Emergency Access Plan, and in response to Commissioner Conway, Mr. Wernsman stated the site is in the Pawnee Fire District. After discussion, language about screening portable toilets was added to DS #22. Commissioner Freeman suggested deleting DS #34 (noise standard), and the Board agreed. • In response to Chair Kirkmeyer, Mr. Wernsman indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. El No public testimony was offered with regard to the changes to the Conditions of Approval and Development Standards. Cl Commissioner Freeman moved to approve the request of Michael and Mary Krier, do Expedition Water Solutions Colorado, LLC, for a Site Specific Development Plan and Use by 2019-1263 PL2650 HEARING CERTIFICATION - MICHAEL AND MARY KRIER, CIO EXPEDITION WATER SOLUTIONS COLORADO, LLC (USR18-0119) PAGE 3 Special Review Permit, USR18-0119, 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 Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 11:12 a.m. This Certification was approved on the 8th day of April, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datifo) Weld County Clerk to the Board BY: Deputy Cler ounty orney Mike Freeman, Pro-Tem arbara Kirk/neyer, chair Date of signature: 5-h9 Steve Moreno Moreno 2019-1263 PL2650 ATTENDANCE LIST 11.1( t \ ?P , 2C`)1v1 NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (YIN)? C -17,r .-c.,_ 0 ,h tol V y, ,xa4: c� O/Y 7"7/7 -,,dc.,, '/-( -)-7 fCJ ca4Rd c � W.,,, '`�' 119" le/ �' /V 1 �, le, S(rn.L/ �O I ,� or, F6 � V /1C��' y-,7ehris- /) 1-anmter- C p Chris r7S (ic ,50/% pl S a 3 rI LZf1• �� ' ��- �J is f`�r� r � =\ Q R � � ,;,Hr \ V.r4f1 7 c -ti �7 1 �" 3 � e r.� A �. N '+•.� � � � R � �.� \ L. r� � �- S v�..v � � n � �� e-,./ J .y.l i �:� Vi.��;, � h, t.5( .',� � "3 W,� ,� 1� Ct W to i"l 1'� r� 1� n-3---z_C y�� a `"� ( c( ` , (�'rt(. (U fte„, 4 r/`.S oG Cilt ✓, "l . �0,.., 9:iA/,/'� ` a (% Hello