HomeMy WebLinkAbout20190702.tiffHEARING CERTIFICATION
DOCKET NO. 2019-21
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0087, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND GAS
SUPPORT AND SERVICE FACILITY (CLASS II OILFIELD WASTE DISPOSAL
FACILITY); INCLUDING AN 8,000 -SQUARE -FOOT PUMP BUILDING, BRINE WATER
TANK CONTAINMENT AREA, 300 -GALLON DIESEL TANK, 12 -INCH PRODUCED
WATER PIPELINE, AND TWO (2) CONSTRUCTION TRAILERS FOR USE DURING
CONSTRUCTION IN THE A (AGRICULTURAL) ZONE DISTRICT - GARY AND NORMA
SMITH, C/O EXPEDITION WATER SOLUTIONS COLORADO, LLC
A public hearing was conducted on February 20, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
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 Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
hereby certify that pursuant to a notice dated January 11, 2019, and duly published
January 16, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of Gary and Norma Smith, c/o expedition Water Solutions Colorado, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0087, for a Mineral Resource
Development Facility, Oil and Gas Support and Service Facility (Class II Oilfield Waste Disposal
Facility); including an 8,000 -square -foot pump building, brine water tank containment area,
300 -gallon diesel tank, 12 -inch produced water pipeline, and two (2) construction trailers for use
during construction in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney,
made this a matter of record.
Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and indicated the site is located on Recorded Exemption, RECX18-0175, which is being
processed in conjunction with the USR. She stated the site is not located within the three (3) mile
referral area of any municipality and mentioned 12 referral agencies have reviewed the
application, some with concerns that were included in the Conditions of Approval (COA) and
Development Standards (DS). She described the buildings and equipment on the site and their
uses, and stated there will be up to ten (10) full-time employees on the site over three (3) shifts.
She mentioned there will be eight (8) parking stalls, provided the hours of operation and the
average daily traffic counts, and indicated there will be no landscaping or screening on the site.
She described adjacent properties, provided images of the site and surrounding views, and
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2019-0702
PL2638
HEARING CERTIFICATION - GARY AND NORMA SMITH, C/O EXPEDITION WATER
SOLUTIONS COLORADO, LLC (USR18-0087)
PAGE 2
entered the favorable recommendation of the Planning Commission into the record as written.
Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the site access is on County Road (CR) 132.
She provided the average daily traffic counts, and reviewed the traffic information as submitted in
the application. She stated tracking control is required for the site and proposed an update to
COA #5.A, discussed later in the hearing. She indicated the Department of Public Works is
requiring an Improvements Agreement with triggers for auxiliary lanes and dust control. She
stated a final drainage report will be required prior to recording the USR map, and presented the
drainage and grading requirements. In response to Chair Kirkmeyer, Ms. Balzano clarified there
is only one (1) access point.
CI Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions and reiterated there will be up to ten (10) full-time employees. He stated water will be
provided by a proposed commercial well, and indicated the applicant was proposing to permit and
install a commercial septic system. He described the use of floor drains, and stated the applicant
is not proposing any recycling operations. Mr. Frissell indicated a Groundwatering Plan and an
offload pad design are required prior to issuance of the Certificate of Occupancy and stated DS
#17-28 address Environmental Health (EH) items.
Eric Wernsman represented the applicant and described the site selection process, to ensure
minimum impact to surrounding properties. He described surrounding properties and provided the
noise mitigation precautions. He reiterated the buildings and equipment that will be on the site,
mentioned there will be restrooms for employee and truck driver use, and stated a pipeline will be
constructed on the site within a year, which will reduce the number of trucks traveling to the site.
CI No public testimony was offered concerning this matter.
CI Mr. Wernsman indicated no concerns regarding the Conditions of Approval or Development
Standards.
The Board agreed to delete COA #1.C regarding a Communication Plan, and Commissioner
Moreno requested clarification regarding the Planning Commission minutes. Ms. Balzano
proposed deleting the second sentence of COA #5.A due to road base agreements, and the Board
agreed. Commissioner Conway confirmed the applicant agreed to limit the number of employees
to ten (10), and Chair Kirkmeyer suggested deleting DS #7 regarding landscaping and screening.
Ms. Balzano recommended changing "shall" to "may" in DS #14, Mr. Frissell clarified DS #23
concerning portable toilets, and the Board agreed to a slight language change in DS #23, for
clarity. The Board agreed to delete DS #35 regarding the noise standard, and there was a clerical
change in DS #30.
El 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.
2019-0702
PL2638
HEARING CERTIFICATION - GARY AND NORMA SMITH, C/O EXPEDITION WATER
SOLUTIONS COLORADO, LLC (USR18-0087)
PAGE 3
Commissioner Freeman moved to approve the request of Gary and Norma Smith, c/o
expedition Water Solutions Colorado, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR18-0087, for a Mineral Resource Development Facility, Oil and Gas
Support and Service Facility (Class II Oilfield Waste Disposal Facility); including an 8,000 -square -
foot pump building, brine water tank containment area, 300 -gallon diesel tank, 12 -inch produced
water pipeline, and two (2) construction trailers for 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 Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:47 a.m.
This Certification was approved on the 25th day of February, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diays, C�4{,Weld County Clek to the Board K
BY:
Deputy Clerk • the Boar
APP' V/ D AS TO F
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Date of signature: y /2/19
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arbara KirkmeyChair
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2019-0702
PL2638
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