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Home My WebLink About20162121.tiffHEARING CERTIFICATION DOCKET NO. 2016-58.B RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0080, FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (SOLIDS TREATMENT AND BENEFICIAL REUSE OF COMMERCIAL EXPLORATION AND PRODUCTION WASTE AND OTHER APPROPRIATE NON -HAZARDOUS WASTE STREAMS, INCLUDING CEMENTS AND OTHER NON -HAZARDOUS SOLID WASTE WITH FREE WATER OR LIQUIDS, OIL WATER SLURRIES, HIGH OIL CONTENT SLURRIES, PRODUCED WATER/FLOWBACK FROM EXPLORATION AND PRODUCTION WELLS, AND DRILLING FLUIDS (MUDS), ALONG WITH AN OIL AN AND GAS SUPPORT FACILITY (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) AND OBTAIN A CERTIFICATE OF DESIGNATION IN THE A (AGRICULTURAL) ZONE DISTRICT - WASTE MANAGEMENT OF COLORADO, INC. A public hearing was conducted on August 24. 2016, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Sean P. Conway, Pro -Tern Commissioner Julie A. Cozad Commissioner Barbara Kirkmeyer Commissioner Steve Moreno Also present: Acting Clerk to the Board. Tisa Juanicorena Assistant County Attorney. Frank Haug Planning Services Department representative. Chris Gathman Public Works Department representative, Evan Pinkham Planning Services Engineer representative. Hayley Brown Health Department representative. Ben Frissell The following business was transacted: a. I hereby certify that pursuant to a notice dated June 3. 2016, and duly published June 8, 2016,. in the Greeley Tribune, a public hearing was conducted on July 13. 2016, to consider the request of Waste Management of Colorado, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR14-0080. fora Solid Waste Disposal Site and Facility (solids treatment and beneficial reuse of commercial exploration and production waste and other appropriate non -hazardous waste streams, including cements and other non -hazardous solid waste with free water or liquids, oil water slurries, high oil content slurries, produced water/flowback from exploration and production wells. and drilling fluids (muds), along with an Oil an and Gas Support Facility (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) and obtain a Certificate of Designation in the A (Agricultural) Zone District, at which time the matter was continued to August 24, 2016, to allow the applicant to meet the statutory notification requirements. On August 24. 2016. Frank Haug. Assistant County Attorney, made this a matter of record. CC ', e L PE � N ; Wu/1(v, 2016-2121 PL2428 HEARING CERTIFICATION - WASTE MANAGEMENT OF COLORADO, INC.. (USR14-0080) PAGE 2 Chris Gathman, Department of Planning Services, presented a brief summary of the proposal to include the location in relation to the Buffalo Ridge Landfill and clarified that although the boundaries of the USR site encompass 1,099 acres, the actual operation site is approximately 12 acres in size. He reviewed the number of employees, shifts, hours of operation and truck trips at full buildout. Mr. Gathman stated the traffic route will be the same as the Buffalo Ridge Landfill. He described the site location as rural, and reviewed the adjacent property uses, nearest residences, and other USRs in the area. Mr. Gathman stated the site is located within the three (3) mile referral area of the Town of Keenesburg, which had no objection but requested to be made a party to the Road Maintenance Agreement in the event of future annexation. He stated staff sent out 15 referrals and ten (10) were received citing no conflicts or provided comments that have been addressed as Conditions of Approval or Development Standards. He displayed site maps and images of the site and surrounding properties and entered the favorable recommendation of the Planning Commission into the record, as written. Evan Pinkham, Department of Public Works. provided a brief overview of the transportation plans and requirements. He stated an Access Permit has been approved, AP15-00519, which stipulates utilizing the existing access points. Mr. Pinkham provided the most recent average daily traffic counts with truck percentages in relation to the relevant County Roads and mentioned that staff identified that the intersection of Market and CR 18 was signed incorrectly and the Department of Public Works will be removing the incorrect signage. Mr. Pinkham stated the applicant has indicated the proposed development will have 424 daily round truck trips. which increases the truck traffic from 50% to 71% and triggers the need for a turn lane entirely based on this trip generation and for this reason Public Works recommends the applicant solely pay for the design and construction of the improvements to include the turn lane and the left deceleration lane instead of utilizing a proportional share. He clarified that both tracking control and an Improvements and Road Maintenance Agreement are required. Hayley Brown, Planning Services Engineer representative, presented the drainage and grading requirements and stated the drainage narrative was accepted to include the imperviousness exemption based on the variance. She reviewed the typical requirements to show and label the accepted drainage features, area traffic flow and parking, and if disturbing more than one (1) acre, a Weld County Grading Permit is required. Furthermore, Ms. Brown stated historical flow patterns and runoff amounts must be maintained and Weld County is not responsible for the maintenance of on -site drainage related features. Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions stating an existing well for the Buffalo Ridge Landfill will be utilized for the new energy facility. He clarified the applicant is proposing to install and permit a commercial septic system and this will be required before the issuance of a Certificate of Occupancy. Mr. Frissell stated Development Standards (DS) #7-30 address Environmental Health items specific to these types of facilities. Jason Chan, applicant, introduced the other members of the team and began with a PowerPoint presentation describing an overview of the facility to include the site location in relation to Buffalo Ridge Landfill, the layout of the facility, services provided, the access points to the facility, and the entrance and exit traffic lanes. He stated the buildout will be in phases depending on need and approval of capital and explained the intent to provide a central location 2016-2121 PL2428 HEARING CERTIFICATION - WASTE MANAGEMENT OF COLORADO, INC., (USR14-0080) PAGE 3 for waste services for oil and gas customers. Mr. Chan stated the compatibility with surrounding uses and explained the goals to extend the life of the existing landfill. recover usable oils. recover and recycle water, and reduce truck traffic by being able to accept wastes in liquid form. Solid wastes generated on -site are then transported to Buffalo Ridge Landfill. He reviewed the communication with local government entities to include the fire district. Mr. Chan stated the Certificate of Designation has been approved with conditions by the Colorado Department of Public Health and Environment (CDPHE) and the Colorado Oil and Gas Conservation Commission (COGCC) issues the injection well permits. He further explained that once a pipe goes over to the injection well, it is then regulated by the COGCC. Doug White, NGL Water Solutions, submitted a fact sheet (Exhibit E) and cited his intent to educate the Board and the public regarding existing Saltwater Injection Disposal Facilities in relation to existing commercial capacity and peak demand compared to current demand. Mr. White requested the Board be cautious and consider managing further development to be good stewards and maintain awareness of seismic concerns. Dennis Hoshiko, Greeley resident, stated his intent is not to protest or recommend approval, but to express his concern related to pipeline expansion and to question if the applicant is planning to construct pipelines in the future. In response to Commissioner Cozad. Mr. Kahn stated the permit does have an allowance for naturally occurring radioactive materials that are approved by the Colorado Department of Public Health and Environment. Mr. Chan further responded by reviewing Waste Management's experience with injection wells and disposal of these types of materials, and also the expertise used in consideration of seismic activity and research of the area related to decision making for well location. He clarified they utilize seismic monitoring and groundwater monitoring practices as regulated by the state and federal statutes. In further response to Commissioner Cozad. Mr. Chan stated there are processes in place based on regulations regarding drilling the injection well. He stated the solid waste from the drilling will be transported to Buffalo Ridge Landfill and the liquid wastes will be transported to a disposal facility. He explained they are using a team of experts to follow the proper environmental procedures to put measures into place such as liners. monitoring systems, and concrete barriers. Mr. Chan stated the only intent for potential pipelines would be within the property from the injection wells to the disposal facility. He explained the service area and the primary need for the facility is internal. a In response to Commissioner Kirkmeyer, Mr. Chan stated the closest well is located approximately one (1) mile from the liner of the landfill and the drilling of the injection well will not permeate the liner of the landfill. He further explained there have been no impacts due to drilling or seismic activity and studies have been done specifically related to this landfill. He explained the types of solid waste being accepted at Buffalo Ridge Landfill currently and there is no acceptance of produced water at this point. In further response to Commissioner Kirkmeyer, He clarified the intent to begin accepting liquid wastes to maximize service to customers that are currently having to add solid material to the liquid waste prior to bringing it to the landfill Mr. Chan stated this new disposal facility will allow both liquid and solid wastes to be disposed of at one location thereby reducing truck traffic. 2016-2121 PL2428 HEARING CERTIFICATION - WASTE MANAGEMENT OF COLORADO, INC., (USR14-0080) PAGE 4 In response to Commissioner Kirkmeyer. Mr. Chan explained what are considered other appropriate non -hazardous waste streams and the intent to accept wastes from other entities aside from oil and gas customers. He verified there is a current Improvements and Road Maintenance Agreement linked to the Buffalo Ridge Landfill. In response to Commissioner Conway, Mr. Chan stated if pipeline expansion off -site should occur, the discussion would take place between the landowners and Waste Management; however, he does not anticipate that scenario for the next three (3) to five (5) years. In response to Commissioner Moreno, Mr. Chan stated the property was purchased from the Guttersons and outside of the purchase, there have been no further discussions. In response to Commissioner Kirkmeyer, Commissioner Cozad stated she is prepared to proceed. Commissioner Kirkmeyer requested staff review the Improvements and Road Maintenance Agreement. Commissioner Kirkmeyer suggested that Development Standard (DS) #7, require that if there are any changes to the Engineering Design and Operations Plan (EDOP). the Weld County Department of Public Health and Environment (WCDPHE) must approve the changes. Commissioner Kirkmeyer recommended language to clarify DS #9. After further discussion, the Board agreed to amend it to clarify that the Conditions of Approval and Development Standards for the USR14-0080 shall be incorporated into the corresponding Certificate of Designation. The Board agreed to these changes. In response to Commissioner Kirkmeyer, Mr. Frissell clarified DS #10. Commissioner Kirkmeyer recommended changing DS #21 to reference COGCC Rules and remove the number "604" in the event the Rules are renumbered in the future. She suggested amending DS #23 to include all potentially hazardous chemicals used on -site. Commissioner Kirkmeyer further recommended amending the first sentence of DS #24 to read, "Any stained or contaminated soils at the facility shall be disposed of in accordance with applicable rules and regulations." Upon request. Mr. Frissell clarified DS #29, after which Commissioner Kirkmeyer recommended adding that it may require an amendment to the USR. The Board agreed to all the aforementioned amendments. a In response to Commissioner Kirkmeyer, Mr. Pinkham reviewed the terms of the Improvements Agreement recorded on April 6. 2016, to include traffic triggers for the turn lane on CR 18. Commissioner Kirkmeyer provided the history related to the paving of CR 18 due to heavy truck traffic and suggested staff complete a thorough traffic study to determine responsibility based on current traffic impacts and she recommended removing the word "future" from Condition of Approval (COA) #1.A. The board agreed. Commissioner Cozad suggested removing COA #6.B and have this evaluated through the Improvements Agreement process. Commissioner Kirkmeyer recommended adding the words "may be" to both COA #6.A. and COA #6.B. In response to Commissioner Conway, Mr. Pinkham 2016-2121 PL2428 HEARING CERTIFICATION - WASTE MANAGEMENT OF COLORADO, INC., (USR14-0080) PAGE 5 clarified these requirements were added is due to the current traffic level based on the updated average daily traffic counts triggering these improvements. The Board agreed. Commissioner Cozad suggested different language for DS #7. After further discussion, Commissioner Kirkmeyer recommended adding a clarification that changes to the EDOP may require an amendment to the USR. The Board agreed. In response to Commissioner Cozad, Mr. Frissell clarified that the DS #7 and #9 cover the referral recommendations from the State. Mr. Haug interjected the option to suggest additional language to the Resolution for the Certificate of Designation and verified the Certificate of Designation can be revoked if the Conditions of Approval and Development Standards are not met in the USR. In response to Chair Freeman, Mr. Chan indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Cozad moved to approve the request of Waste Management of Colorado, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR14-0080, for a Solid Waste Disposal Site and Facility (solids treatment and beneficial reuse of commercial exploration and production waste and other appropriate non -hazardous waste streams, including cements and other non -hazardous solid waste with free water or liquids, oil water slurries, high oil content slurries, produced water/flowback from exploration and production wells, and drilling fluids (muds), along with an Oil an and Gas Support Facility (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) and obtain a Certificate of Designation 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 and entered into the record. The motion was seconded by Commissioner Moreno. Commissioner Cozad stated the application is consistent with the Comprehensive Plan in that it is an allowed Use in the Agricultural Zone District, and she cited EP.Goal 2 regarding production waste facilities, and Sections 23-2-230.B.3 and 23-2-230.B.4 regarding compatibility with surrounding land uses and future development. Commissioner Kirkmeyer stated she will be supporting the application as well and addressed the comment regarding the market and whether this site is needed is not a criteria for approval or denial in accordance with state statutes. She agreed with Commissioner Cozad's findings based on consistency and compatibility. Chair Freeman agreed with comments from fellow Commissioners and also pointed out the applicant emphasized an internal need versus a market need. Commissioner Conway addressed the applicant regarding the public's concerns related to the pipeline expansion and encouraged the applicant to be a good neighbor. The motion carried unanimously. Commissioner Kirkmeyer moved to amend the Resolution for the approval of the Certificate of Designation to reflect the additional language as suggested by Assistant County Attorney, Frank Haug. Mr. Haug stated the additional language to be added: "Whereas, the Board of County Commissioners has received an Engineering and Development Operations Plan with Conditions of Approval provided by the Colorado Department of Public Health and Environment. Whereas, 2016-2121 PL2428 HEARING CERTIFICATION - WASTE MANAGEMENT OF COLORADO, INC., (USR14-0080) PAGE 6 the applicant agrees to comply with the terms of the Engineering and Development Plan, as well as the terms of USR14-0080." a Commissioner Kirkmeyer further requested the following language be added to the Resolution of the Certificate of Designation, "Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the facility shall adhere to the Conditions of Approval and the Development Standards within and for USR14-0080." Commissioner Conway seconded the motion to add all of the aforementioned language suggested by Mr. Haug and Commissioner Kirkmeyer, and it carried unanimously. Commissioner Conway made a motion to approve the amended Resolution, which was seconded by Commissioner Moreno and carried unanimously. �r Commissioner Conway moved to approve the amended Resolution, Waste Management of Colorado, Inc., for a Certificate of Designation, in conjunction with USR14-0080, based on the recommendations of Planning staff, the Planning Commission, and State Regulations. along with the Conditions of Approval as amended and entered into the record. The motion was seconded by Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing was completed at 11:35 a.m. This Certification was approved on the 29th day of August, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: WS yk✓; Weld County Clerk to the Board BY uty Clerk to the Board AP" • 1E County Attorney RM: A A Date of signature: 9/D01 IG Mike Freeman, Chair Sean P. Conway. 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