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Home My WebLink About20183692.tiff HEARING CERTIFICATION DOCKET NO. 2018-128 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0069, FOR A MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE DISPOSAL AND RECYCLING SITES FOR PRODUCTION WASTE (CENTRALIZED E&P WASTE MANAGEMENT FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT- ANADARKO E&P ONSHORE, LLC A public hearing was conducted on December 5, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Mike Freeman - EXCUSED Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Frank Haug Planning Services Department representative, Diana Aungst Public Works Engineer representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: ID I hereby certify that pursuant to a notice dated October 12, 2018, and duly published October 17, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Anadarko E&P Onshore, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0069, for Mineral Resource Development Facilities including Oil and Gas Support and Service Disposal and Recycling Sites for Production Waste (Centralized E&P Waste Management Facility) in the A (Agricultural)Zone District. Frank Haug, Assistant County Attorney, made this a matter of record. Chair Moreno 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. Diana Aungst, Department of Planning Services, presented a brief summary of the proposal and stated the site is located north of and adjacent to County Road (CR) 22, and west of and adjacent to CR 31. She indicated 14 referrals were sent out in which nine (9) referrals were returned without comments or with concerns which were addressed in the staff recommendation. She mentioned this application is the last step to finalize the pilot program for the recycling and reconditioning of used muds and fluids from oil and gas drilling completions, midstream, and production. Ms. Aungst stated an agreement between the applicant and the Planning Department, dated November 24, 2015, allowed the pilot program to commence. She indicated the recycled muds and fluids will be reused in oil and gas operations, the facility can additionally be used to create fresh mud, and all fluids will be stored in tanks. She stated all recycled fluids and muds cc: PLCOc.I- p3, PwC€,P), £c-%c$F). 2018-3692 09/ 151t9 PL2610 HEARING CERTIFICATION -ANADARKO E&P ONSHORE, LLC (USR18-0069) PAGE 2 processed at the facility will be transported back to the facility where they were originally produced by truck. She mentioned there will be three (3) on-site employees per shift with two (2) shifts daily, and the number of employees on the site daily will not exceed ten (10). She indicated the hours of operation are 24 hours a day, seven (7) days a week, and stated a modular office is currently located on the site, which accommodates the site supervisor, employees and delivery drivers as needed. She stated the applicant has requested a waiver of the requirement to install a septic system and explained the Department of Public Health and Environment is requesting a septic system and a permanent adequate water supply for drinking and sanitary purposes. She described adjacent lands and USRs. She indicated the Department of Planning Services sent notice to 16 surrounding property owners (SPOs), in which one (1) phone call was received asking the operation to be screened from CR 22, which is included as a Condition of Approval. Ms. Aungst indicated the site is located within the three (3) mile referral area of the City of Fort Lupton and the Town of Platteville, and the City of Fort Lupton in their referral requested a total of 110 feet of right-of-way on County Roads 31 and 22, and wished to annex the site. She stated the site is also located within the Intergovernmental Agreement Area of the City of Fort Lupton and the Town of Platteville, and an email indicated the City of Fort Lupton was conversing with the applicant to annex the site into the City; however, the applicant wanted to move forward with the USR process through the County. She explained although the City of Fort Lupton is requesting 110 feet of right-of-way (ROW) on both County roads, the County is requiring 140 feet of ROW on CR 22 and 60 feet on CR 31. She indicated the City of Fort Lupton's Transportation Plan does not extend north of CR 22, so staff did not add a Condition of Approval (COA) requesting additional ROW. Ms. Aungst provided images of the site and surrounding views and entered the favorable recommendation of the Planning Commission into the record as written. Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements and presented the drainage and grading requirements. He stated the site accesses onto CR 31, and indicated there is an existing access permit, AP14-00061, that will work for the site and proposed uses. He provided the latest traffic count to include truck percentages and stated there would be approximately six(6) passenger vehicle daily round trips, 15 semi-truck daily round trips and stated traffic will come from CR 22. He stated the site will require a minimum of 300 feet of recycled asphalt or road base for tracking control. He explained the Department of Public Works is requiring an Improvements Agreement, Drainage Report and detention pond for the site. El Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions and stated there will be up to three (3) full-time employees per shift. He indicated the applicant proposed to use portable toilets and bottled water; however, this does not meet Environmental Health (EH) policy. He stated specific conditions have been added which the applicant must meet prior to the issuance of the Certificate of Occupancy; however, a request for waiver from EH's policy has been submitted as part of the application. Mr. Frissell mentioned Development Standards (DS) 15-33 address EH items. Sam Samet, Attorney, represented the applicant and stated they are calling the project the Aggregate Recycling Facility (ARF), which is intended to recycle and recondition used mud for various operations. He stated this is a mobile facility that could be relocated within 48 hours, and it is a non-commercial facility that has been operational since 2015. He provided the history and, described the benefits of the facility and haul routes. Mr. Samet displayed a vicinity map to show 2018-3692 PL2610 HEARING CERTIFICATION -ANADARKO E&P ONSHORE, LLC (USR18-0069) PAGE 3 the truck routes, and other aerial photos of the site. Mr. Samet stated the site is manned 24 hours a day, seven (7) days a week, and has three (3) full-time workers per 24 hours. He indicated the roads are watered and/or sprayed to reduce dust, a cattle guard will be installed for tracking control and facility emissions are below the threshold for an Air Pollution Emission Notice (APEN) permit from the Colorado Department of Public Health and Environment (CDPHE). He reviewed the health and safety highlights of the facility and requested discussion regarding the water and septic requirements. He explained the facility has used portable toilets and bottled water since 2015, which has worked. • No public testimony was offered concerning this matter. • In response to Chair Moreno, Mr. Samet indicated the applicant had reviewed the Conditions of Approval and Development Standards, and is requesting changes to the septic requirement. • In response to Chair Moreno, Mr. Frissell reviewed EH's policy on bottled water and portable toilets. He explained the applicant is able to request a waiver from the Board regarding the established policy, and stated it is at the Board's discretion. Commissioner Kirkmeyer clarified there will be a permanent building on the site, and Mr. Samet clarified it is a construction trailer. Commissioner Kirkmeyer stated she is not in support of the waiver and Commissioner Cozad explained the use is no longer being approved as a temporary use and agreed with Commissioner Kirkmeyer that she is not in support of a waiver. IU After further discussion, Anadarko's staff clarified there are always three (3) people on the site, and also explained with supervisors, truckers and shift overlap there are sometimes more than three (3) people on the site at a time. In response to Commissioner Cozad, Mr. Samet indicated there is an existing Engineering Design and Operations Plan (EDOP); however, because the facility is centralized they do not accept outside waste, they are governed by the COGCC and do not have to comply with the CDPHE requirements. In response to Commissioner Kirkmeyer, Mr. Samet clarified this is a recycling facility, and not a disposal facility. Ms. Aungst explained how the request was formed, and Commissioner Kirkmeyer suggested deleting "disposal and" throughout the document. In response to Commissioner Kirkmeyer, Mike Dinkel explained there are four (4) downcast light plants, that sit within the footprint of the facility. He indicated on a displayed map where the light plants are located, and stated they met with SPOs regarding the lighting and have received no complaints. In response to Commissioner Kirkmeyer regarding traffic on the dirt road, Mr. Dinkel stated approximately ten percent (10%) of the facility's traffic will use CR 31, which is approximately five (5) to ten (10) vehicles per day. In response to Commissioner Kirkmeyer regarding the difference in requirements from the COGCC and the EDOP, Mr. Dinkel explained they require groundwater monitoring wells, but the same grading and signage will be used for both agencies. • Commissioner Cozad recommended removing "vendors, customers, and/or" from COA#1.G.7, regarding the parking area. Commissioner Kirkmeyer requested discussion regarding the Improvements Agreement (IA), and in response Mr. Pinkham stated the haul route can be specified in the IA to minimize traffic on the dirt road. Commissioner Kirkmeyer suggested deleting the first "approved" from COA #6.C regarding the EDOP. Commissioner Cozad requested clarification on Development Standard (DS) #28, and Commissioner Kirkmeyer suggested changing "their' to "the operator's". Commissioner Kirkmeyer suggested adding "in 2018-3692 PL2610 HEARING CERTIFICATION -ANADARKO E&P ONSHORE, LLC (USR18-0069) PAGE 4 accordance with the approved Screening/Landscaping Plan" to DS #5, and adding a new DS #6 regarding the Lighting Plan. In response to Commissioner Kirkmeyer, Mr. Frissell suggested adding language to DS #17 regarding the applicant's compliance with COGCC regulations, and the Board agreed. After further discussion regarding the portable toilets mentioned in DS #21, Nathan Keiser, Anadarko representative, suggested screening for portable toilets onsite in addition to the septic and sewer on the site. He further requested DS #3 be changed to eight (8) employees on the site, instead of the original three (3) and the Board agreed. After additional discussion regarding DS#21, the Board agreed to an additional sentence to specify the screening of portable toilets. In response to Chair Moreno, Mr. Samet indicated they had reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Cozad moved to approve the request of Anadarko E&P Onshore, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0069, for Mineral Resource Development Facilities including Oil and Gas Support and Service Disposal and Recycling Sites for Production Waste (Centralized E&P Waste Management 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 entered into the record. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 10:54 a.m. This Certification was approved on the 10th day of December, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:�/�tt�� V .l,,�p;� ,.I,C-t Pk4.i'l- ,f Ste e Moreno, Chair Weld County Clerk to the Board f/► I!""*• =arbara Kirkmeye' Pro-Tern BY: ...LAL _ . �i � I , La`� . Deputy CI-'k to the Board ` t - 1 � S :n P. Conway (.. (,)(, ,- APPROV AS TO GLL�( C� �On ozad ''.unt A •rney ""' EXCUSED Mike Freeman Date of signature: IN/II 2018-3692 PL2610 ATTENDANCE LIST NAME - PLEASE PRINT COUNTY OF SPEAKING ADDRESS (CITY, STATE ZIP) EMAIL LEGIBLY RESIDENCE (YIN)? j-({ u 1 U ,,G 404 CvZ -efL t-at tyto L Sv'L( t\Q.IG1i 6vi i<(1 ., 6(flca. 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