HomeMy WebLinkAbout20161782.tiff HEARING CERTIFICATION
DOCKET NO . 2016-49 . B
RE : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0009, FOR OIL OR GAS PRODUCTION FACILITIES ( 24 WELLS, 18 OIL TANKS,
2 WATER TANKS, 24 SEPARATORS , 2 METER HOUSES, 4 VAPOR RECOVERY
UNITS , 8 EMISSION CONTROL DEVICES AND 2 VAPOR RECOVERY TOWERS ) IN
THE R-1 ( LOW DENSITY RESIDENTIAL) ZONE DISTRICT - 7N , LLC , C/O
EXTRACTION OIL AND GAS
A public hearing was conducted on June 29 , 2016 . at 10: 00 a . m . . with the following present:
Commissioner Mike Freeman . Chair
Commissioner Sean P. Conway, Pro-Tem
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 , Diana Aungst
Public Works Department representative , Janet Lundquist
Planning Services Engineer representative , Hayley Brown
Health Department representative , Ben Frissell
The following business was transacted :
hereby certify that pursuant to a notice dated May 11 , 2016, and duly published
May 16 , 2016 , in the Greeley Tribune, a public hearing was conducted on June 22 . 2016, to
consider the request of 7N , LLC , c/o Extraction Oil and Gas, for a Site Specific Development Plan
and Use by Special Review Permit, USR16-0009 . for Oil or Gas Production Facilities (24 wells,
18 oil tanks. 2 water tanks, 24 separators , 2 meter houses, 4 vapor recovery units , 8 emission
control devices and 2 vapor recovery towers) in the R- 1 (Low Density Residential) Zone District,
at which time the matter was continued to allow for a hearing before a full quorum of the Board.
On June 29, 2016, Frank Haug , Assistant County Attorney, made this a matter of record .
Diana Aungst, Department of Planning Services , presented a brief summary of the proposal
and stated 18 referrals were sent out and 12 agencies either did not respond or indicated no
concerns. She reviewed the site location and the history of oil and gas use on the site dating back
to 1985. Ms . Aungst clarified that the property has since been divided into six (6) parcels utilizing
the process of recorded exemption and the applicant intends to partially vacate the old USR and
replace it with the new USR . She clarified the parcels and locations that will be associated with
the new USR16-0009 and those that will remain with USR-665 . Ms . Aungst reviewed the
proposed new equipment and stated that the existing well will be plugged and abandoned and
the associated drill equipment will be removed . She explained the new equipment and operation
will promote more efficient drilling and she reviewed the hours of operation and number of
employees both on-site and off-site . Ms . Aungst clarified the wells are remotely monitored
continuously and once the wells are in place there will be no on-site employees other than routine
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maintenance or repairs . She explained access to the site will be by a gate controlled by a keypad .
She further stated the construction of the site will take place during business hours and will be
completed in two (2) phases . approximately 240 days each phase with landscaping to follow. Best
Management Practices (BMPs) will be utilized and during the drilling phase , and to minimize the
impact to surrounding property owners , a sound wall will be installed . Ms . Aungst stated there will
be no open pits and the goal is to reduce truck traffic. She listed mitigation efforts to include dust
mitigation , a six (6)-foot wood fence and trees to screen part of the property, a six (6)-foot black
chain link fence to screen another portion of the property. Ms. Aungst described the adjacent
lands and nearest residences and emphasized there are already 17 USRs within one ( 1 ) mile of
this site . She stated the applicant has met with surrounding property owners and attempted to
address concerns. She reviewed the correspondence received and the concerns listed therein .
Ms. Aungst stated the site is in the three (3) mile referral area of the Town of Kersey, and the
Cities of Greeley and Evans . She reviewed the comments provided by the municipalities ,
displayed images of the site and surrounding properties , and entered the favorable
recommendation of the Planning Commission into the record as , written . In response to
Commissioner Kirkmeyer, Ms . Aungst stated she will verify when the site was zoned Residential .
Janet Lundquist, Department of Public Works, provided a brief overview of the
transportation plans and requirements and stated the applicant has received an approved Access
Permit, AP16-00117 , for a new access and the original access will be closed . She reviewed the
traffic counts , truck traffic percentages, and the traffic narrative to include proposed daily round
trips . Ms . Lundquist stated tracking control and an Improvements Agreement are required . In
response to Commissioner Kirkmeyer, Ms . Lundquist stated truck traffic is currently 7% . In further
response to Commissioner Conway, Ms . Lundquist explained the closing of the shared access
point was a coordinated agreement between the applicant and the neighbor that shared that
access .
Hayley Brown , Planning Services Engineer representative , presented the drainage
requirements and stated the applicant has submitted an acceptable drainage narrative : however,
will need to submit a drainage variance request before the final plat. She reviewed the site plan
requirements to include typical drainage features and flow arrows , parking and traffic flow arrows,
historic flow patterns to be maintained and that Weld County is not responsible for the
maintenance of these items .
' Ben Frissell , Department of Public Health and Environment. reviewed the water and sewer
provisions stating due to the site being an unmanned facility, bottled water and portable toilets
are acceptable . He reviewed the relative Development Standards ( DS) and stated DS #17 through
#29 address typical Environmental Health items .
Ms . Aungst interjected that the site was zoned Residential in 1962 ; however. the uses on the
site are Agricultural . She further explained the history of the Recorded Exemption created in 1977,
and the illegal split in 1983 . She clarified the applicant is working with the Department of Planning
and Zoning to correct the illegal split, which is the reason for the request for a partial vacation of
the right-of-way along the northern property line to meet the 35-acre requirement.
� '- Blane Thinglestad , Attorney, represented the applicant and presented a PowerPoint
presentation and reviewed the overall operation . positive changes in the industry, and the history
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of Extraction Oil and Gas. He stated Colorado has the most stringent regulations in the nation
and with the improvements and Best Management Practices (BMPs) Extraction has implemented ,
it has improved the operational process greatly . Mr. Thinglestad reviewed the Greeley
Development Plan which , in the past, included several vertical wells and he explained the
improved design which led to horizontal activity. thereby reducing the impacts , traffic, noise and
water issues with surrounding property owners. Mr. Thinglestad reviewed the strict processes to
protect water and air quality, and the benefits to the new drilling techniques referring to them as
"farm to table" energy. He explained the baseline sampling that is required throughout the phases
of operation . the design of the pipes used in (racking , the process for drilling new rigs , and the
opportunity with this particular site to utilize direct highline power provided by Xcel Energy. He
stated Extraction was the first operator in the basin to electrify a rig . which negates the need for
the continuous diesel powered motors for operation resulting in a great reduction in sound
impacts . Mr. Thinglestad reviewed the mitigation intentions to include noise reduction . truck trip
reduction , and the overall rigorous process through multiple techniques to make these operations
cleaner. safer, quieter, and more efficient. He reviewed the various phases of production ,
engineering , construction and the daily expectation once the rigs are in place and running . Once
completed , Mr. Thinglestad stated it will be an unmanned facility that is continuously monitored
off-site with remote capabilities to be shut down from the officered continuously, remote shut down
from office should any problems be detected . He reviewed the site selection based on
underground pipe infrastructure already in place in close proximity that Extraction can utilize to
gather and transport product . which will eliminate truck traffic. Mr. Thinglestad reiterated the air
quality regulations in conjunction with explaining the vapor recovery tower which adds an extra
layer of separation and protection to the environment. He reviewed the LDAR (Leak Detection
and Repair) in relation to the remote control . Furthermore, Mr. Thinglestad explained the Vetting
Pad location resulting in the ability to remove inner-city pads to the current location . He reviewed
the potential tax revenue and broke down the financial benefit to the mill interest owners and the
community. He stated Extraction is currently working with CDOT to secure a better traffic route
with direct access from U . S . Highway 34 and eliminating the traffic on Cherry Avenue . Lastly, he
listed off Extraction's sponsors and clarified that Extraction wants to do things right and be a part
of the community.
In response to Commissioner Cozad , Mr. Thinglestad stated the School District has mineral
rights in the Greeley area and on this particular site . In further response to Commissioner Moreno,
He reviewed the development to be completed in two (2) phases. each consisting of 240-250
days for each phase.
ni Chair Freeman stated the parameters for public input.
Terri Pappas , Greeley resident, stated she is a member of School District 6 Board of
Education and that she wants to read a letter for the record to document the concerns of the
Board and offer suggestions for mitigation . ( Clerk 's Note: this letter was submitted prior to today's
hearing and catalogued as Exhibit F. ) In response to Commissioner Conway, Ms . Pappas agreed
that a direct access from U . S . Highway 34 would address traffic concerns . In response to
Commissioner Kirkmeyer, Ms . Pappas stated she thinks Bella Romero opened in 2009 and that
her only role today is to read the letter from the Board and not to answer questions on behalf of
the School Board .
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Howard Lovely, Jr. . Greeley resident, stated he lives in close proximity to the school and
listed his life accomplishments and his experience working with chemicals throughout his career.
He stated his concern with this operation being so close to the school is due to his history with
health issues related to being in close proximity to chemicals . In response to Commissioner
Cozad , Mr. Lovely Jr. pointed out his residence in relation to the site .
Manuel Agripino , Greeley resident, stated he is the President and CEO of the Latino
Chamber of Commerce and he expressed the applicant has gone above and beyond the
expectations . addressed the concerns of the neighborhood , and he praised the possibility of the
new U . S . Highway 34 to mitigate the concerns related to safety for the learners . Mr. Agripino
stated he is a former teacher and administrator and he supports the USR because it is good for
the economy and the community.
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Alan Herman , Greeley resident, pointed out on the map the close proximity of his home and
his dad 's home to the site . He listed his concerns with the traffic utilizing East 24th Street in front
of his house and clarified this road is not in good shape and does not meet the general standards
for regular traffic and certainly would not be safe for truck traffic. He emphasized the neighbors
do not feel like they have a say in this process and he expressed his reticence regarding the
disturbance to the peaceful neighborhood , ruining the views , and asked if houses can still be built.
Commissioner Kirkmeyer interjected that constructing more houses depends on the setbacks but
it possible due to the area being zoned Residential . Mr. Herman stated he is not in favor of this
USR . In response to Commissioner Cozad , Mr. Herman described the topography. In response
to Commissioner Moreno , Mr. Herman clarified he is not in support no matter what efforts of
mitigation are being discussed or implemented .
John Swanson , Greeley resident, pointed out his residence and close proximity to the site.
He stated his concerns with the setbacks from the school property and given his shared property
line with the applicant, it appears Extraction is encroaching on his property to make the setback
which makes it impossible to develop his own property within that easement. Mr. Swanson
expressed his frustration due to Extraction using 4 . 3 acres of his land for their setback with no
compensation . Chair Freeman explained the setback. Commissioner Cozad further clarified the
setbacks in relation to structures and defined the parameters regarding future development.
Ms . Aungst defined the setback as 350 feet for the Oil and Gas Facility, and any structure
Mr. Swanson wants to build will have to be outside those parameters . Commissioner Cozad
stated the structures themselves have to meet the zoning requirements for setbacks and do not
have to meet the setbacks that oil and gas have to meet and they are not reciprocal .
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Lastly . Mr. Swanson stated in regard to the highline power being provided by Xcel that it
seems to be a great idea . but the neighborhood loses power once a month already and the
question remains how Xcel will support this site when the power to the neighborhood is already
compromised .
Carl Erickson , surrounding property owner (SPO) , expressed his disagreement with the Best
Management Practices as stated by Extraction and further described his concerns related to the
children and the homes in close proximity. He suggested the problem is the driller and he
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requested the Board take the lead and require the applicant to find an alternative site to access
these minerals for the best interest of the population of Weld County and the industry.
Robert Winkler, Greeley resident, read a letter expressing his concerns for the health , safety,
and welfare of the children and families in close proximity. Chair Freeman interjected a reminder
to keep the comments relevant to this specific case . Mr. Winkler continued and asked the Board
to protect the commons and leave a responsible legacy by denying this USR application .
Wendy Highby, Greeley resident, stated she is the co-founder of Weld Air Water and asked
what is being taught to the children by example through this process . She read a letter and
submitted it for the record citing concerns with the close proximity, lack of outreach and
consideration for those nearby . and the message this sends the children and their families by
ignoring the public health risks and the rights of the students and parents . Ms. Highby stated she
hopes the BMPs are capturing all the emissions , suggested there be a health study to provide a
baseline to be monitored . and she cited a study related to particulate and chemical emissions and
how they affect the weather conditions and pollution . She stated the results conclude that the
microclimate around Bella Romero should be monitored and protection measures should be put
into place to include no school on high pollution days similar to snow days . Ms . Highby also
recommended the neighborhood and school implement an emergency preparedness plan and
she suggested the setback distances should be reconsidered and placed further from the school .
In response to Commissioner Kirkmeyer, Ms . Highby stated she did not go to the school district
to oppose the school being built so close to producing wells .
Ann Curry Sanchez, Greeley resident, stated the area is designated low density residential
and expressed her disdain that the USR application today is for 24 wells and the location is too
close to the school . She stated there are amazing studies linking poor health and lack of learning
to close proximity to oil and gas facilities . Furthermore, she stated there is factual research
indicating how these facilities affect the developing lungs and endocrine systems of children .
Ms. Sanchez stated she has mineral rights and wants to know as a mineral rights owner why
there is never the choice to simply say no , because if you say no. you are force-pooled and it
makes no difference . She expressed her frustration that the lives and health of these children and
citizens would not be put ahead of money. Ms . Sanchez submitted the drilling studies for the
record .
Therese Gilbert, Greeley resident, stated she is a mineral rights owner and a teacher and
emphasized she did not sign any agreement and does not want to participate and will end up
being force-pooled . She stated she has researched these issues and there are over 700 studies
that relate health issues to close proximity of oil and gas facilities . Ms . Gilbert clarified this would
make 32 wells and completely surround these children . She expressed her frustration that the
BMPs sound good to the ears , the CDOT Access has not been applied for yet, and the electric
power all sounds good but in reality it is not okay to have this facility close to the school and it
does not address the air mitigation where kids are playing outside . In response to Commissioner
Moreno . Ms . Gilbert stated she has been a teacher for 23 years and did not address the School
District when the school was built because at the time it was fear based opinions but now there
are 700 studies supporting these fears to be facts . She stated she walked the neighborhood and
only two (2) residences out of 120 were aware of this application . ( Clerk's Note: Ms. Gilbert
submitted these documents prior to today's hearing and are catalogued as Exhibit H.)
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Barb Flores, SPO, pointed out her residence in relation to the site and stated her concerns
related to the traffic and that to date nothing has been submitted requesting any access to
Business 34 . She also expressed her frustration that Extraction claimed it would be getting the
water through the ditch and nothing has been submitted to GIC (Greeley Irrigation Company) , of
which she is a member, and there is no agreement in place regarding the shareholders and
changing the use of that water. Ms . Flores also expressed her concerns with the traffic. safety, no
sidewalks , traffic during school hours, property values , noise and lights .
Joe Perez, SPO , pointed out his property on the map, and stated his concerns with traffic in
relation to the boys club , community swimming pool , sports and recreation park and clarified it is
a poor intersection , with a narrow access , and no acceleration lanes ,. and no middle lanes for left
hand turns . Mr. Perez stated the traffic on U . S . Highway 34 is already congested . fast moving ,
and difficult for slow heavy moving vehicles to maneuver.
Rodolfo Barrera , Jr. . Ft. Lupton resident. stated he works for Elkhorn Construction and
explained they build the infrastructure for the oil and gas facilities . He stated that he is proud to
say that clients like Extraction meet or exceed the OSHA and EPA standards. Mr. Barrera stated
if there are issues or problems . the operation is immediately shut down and the problem corrected .
In response to Commissioner Conway, Mr. Barrera stated many of the employees are from the
community itself and the policies and procedures in place for safety and the community are above
and beyond the standards . Mr. Barrera confirmed he has never witnessed Extraction cut corners
or hide problems and the permits are in place and the issues are reported immediately.
'= Amanda Harper, Weld resident, expressed her concern regarding the water coming out of
an agricultural ditch and injected into the wells . She read a letter for the record citing concerns
with the Weld County Code being altered little by little to accommodate the oil and gas industry,
and what used to protect the citizens has now been overridden . She stated this site is an example
of industrialization being brought into the residential community at the risk of those in the
community. Ms . Harper cited further concerns with the number of wells at this site , and that greed
has surpassed the rights of the children and citizens. She submitted her documents for the record .
ria Bill Jerke , LaSalle resident. stated he is a mineral rights owner and he emphasized the
history of oil and gas wells in Weld County and that drilling and fracking have been going on for
decades in Weld County. He further submitted documents for the record from the Colorado
Department of Public Health and Environment that the citizens of Weld County are not in any
worse health than the rest of the state . Commissioner Cozad clarified for the public some of the
statistics for asthma and cancer are actually lower in Weld County. Commissioner Conway
pointed out the dates provide the most recent data reflecting the time when a huge number of
wells were drilled during that time period . Mr. Jerke interjected he represents two (2) energy
groups . FUEL (Fostering Unity Energizing Leadership) and Energy Proud .
E Maydean Worley, Greeley resident, read an article for the record citing facts related to health
concerns to children within close proximity of industrial sites . She stated this is a child
endangerment issue. (Clerk 's Note: Ms. Worley submitted these documents prior to today's
hearing which are catalogued as Exhibit E.)
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[al Dr. Andres Guerrero . SPO . stated the truck traffic is excessive , the streets are in shambles,
and the fences at the cemetery are busted . Dr. Guerrero described the difference between a
healthy eco-system with different species of animals coexisting , and the not so healthy future of
trucks and oil and gas , water and sand , fumes and chemicals destroying the environment. He
stated there is no respect for the dead or the poor. Dr. Guerrero asked if the Board is prepared
for lawsuits due to brain damage or accidents and stated that fracking is a sin against Mother
Nature . He expressed his frustration with double standards and asked for a sense of community
to help each other and stop the madness .
[� Karen Speed , Windsor resident, stated she is a mineral interest owner in three (3)
different
states and mentioned she had emailed an article earlier ( Clerk's Note: the article mentioned was
received and catalogued as Exhibit I.) She read the article for the record citing concerns with
health risks due to exposure to oil and gas sites linking harmful chemicals to nearby resident's
health issues . She further stated exposure is highly dangerous to small children as their bodies
are still developing . Ms . Speed referenced statistics from the Weld County Department of Public
Health and Environment showing that both asthma and cancer rates have increased in Weld
County . She asked who will be responsible should the children develop health issues .
,11
= Chair Freeman closed public input and recessed the hearing for a lunch break and stated
the Board will reconvene at 1 : 30 p. m .
(Clerk 's Note: Recessed at 12: 11 p. m.)
Chair Freeman reconvened the hearing at 1 : 34 p . m . and invited the applicant to respond to
any of the comments made by the public.
Mr. Thinglestad began by addressing the concerns regarding air emissions and reiterated
that Colorado has the strictest air emissions in the nation and he reviewed again the process of
capturing these emissions stating this process captures 99 . 9% and the remaining . 1 % is captured
and destroyed . He stated nothing is being vented and the system is under constant surveillance
to make sure there are no leaks or problems. Mr. Thinglestad explained the phases of construction
in relation to the different power sources mentioned and Extractions efforts to perform each phase
at the highest standards possible . He further reviewed the reasons for the site selection to include
access to reach the other pads in Greeley, pipe gathering lines in the area , road infrastructure,
and presence of utilities . Mr. Thinglestad reviewed the added safety features and stated they did
not take the close proximity to the school lightly, but considered the safety of the students and
nearby residents in each decision . He verified Extraction is in the process of applying for the
access from CDOT to access directly from U . S . Highway 34 but that it is a 6-8 week process.
Lastly he clarified the requirements related to the floodplain and stated several of Extractions
facilities have met those requirements.
In response to Commissioner Conway, Mr. Thinglestad stated they requested a deadline
extension that will be met, Friday . July 1 , 2016 .
In response to Commissioner Cozad , Mr. Thinglestad clarified this site is not located in the
flood plain .
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P Mr. Thinglestad reiterated they took it seriously that the facility is close to the school ;
however. the fact that there was already a USR on that site specific to oil and gas made sense
with the ability to bring electricity to the rig , new completion technology , and all facilities being
electrified resulting in higher efficiency and less noise .
In response to Commissioner Conway, Mr. Thinglestad stated that the noise measurements
are a function of distance and a logarithmic scale.
In response to Commissioner Conway. Mr. Frissell stated he would need to investigate
regarding the exact decibels comparison between a diesel motor and an electric engine but he
did provide an estimate . In response to Commissioner Moreno, Mr.Thinglestad verified the sound
barrier will be constructed around the wells. Further in response to Commissioner Conway, Mr.
Thinglestad reviewed the application process with CDOT and that it will require a traffic study.
In response to Commissioner Moreno , Mr. Thinglestad explained the different vehicles used
with each of the three phases of the process . In further response to Commissioner Conway, he
offered to reduce truck traffic to off-peak hours to accommodate the safety concerns for the
children . Ms . Lundquist interjected the option to require a Special Transport Permit and place
constraints on that permit based on the Board's wishes . She further reminded the Board that an
Improvements Agreement is required and there are triggers in place as control measures .
In response to Commissioner Cozad , Mr. Thinglestad clarified conversations that took place
with the City of Greeley to include ongoing USR applications within the City and the mitigation
efforts that have assisted with agreements . In further response . he explained the vapor capture
process and that the measures taken by Extraction go above and beyond the state regulations
as the state will only give you credit for 95% , and Extraction is hopeful they can go back to the
state and get due credit for the captures that go beyond 95% because we do not have to open
hatches to move product which creates a better environment for everyone .
In response to Commissioner Moreno, Thinglestad stated it is interesting to hear of the
power outages and Xcel should be aware of any reliability issues . He verified that Xcel is
constructing infrastructure for over a mile with a line coming directly off the substation . He further
stated the line is not a private line and is bringing 2 . 5 megawatts of power to the area and it may
improve the electrical reliability in the area . In further response to Commissioner Moreno , he
stated Extraction has been working with the School District for several months , reviewed the
conversations that have taken place , and stated he has given the school an update every month .
Mr. Thinglestad stated the application with CDOT to obtain an access from U . S . Highway 34 was
a direct result from feedback from the neighbors . The facility close to the ditch and the adjacent
neighbor was moved to compromise with the City of Greeley's future plan for a walking path and
in consideration with the adjacent neighbor.
In response to Commissioner Moreno, Mr. Thinglestad stated Extraction desires to be a
partner with the school and a part of the community.
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i In response to Commissioner Kirkmeyer. Mr. Thinglestad stated Extraction works with
nearby land owners regarding water sources and desire to use surface water to prevent trucking
water to the location .
In response to Chair Freeman , Mr. Thinglestad indicated no concerns with the Conditions
of Approval (COA) or Development Standards (DS) .
pp p
a Commissioner Kirkmeyer stated it is important to note there are several mitigation factors
covered within the 44 Conditions of Approval and 37 Development Standards and she reviewed
the applicant's efforts to mitigate the concerns of the public in an acceptable fashion . She
explained the Board of County Commissioner's role regarding the legal requirement to approve
applications if they meet the state and county statutes and regulations . Commissioner Kirkmeyer
stated she is prepared to support this application with some changes and further mitigation related
to truck traffic and school hours .
Commissioner Cozad offered suggestions for limiting truck traffic during school hours and
she concurred with Commissioner Kirkmeyer's explanation of meeting the criteria . She stated the
applicant has done an awesome job with mitigating impacts to surrounding land uses with
landscaping . screening ; and , in addition to that. there are strict and relevant conditions and
standards the applicant is required to meet for the life of the USR .
In response to Commissioner Conway , Mr. Frissell provided the residential noise levels and
gave examples of each level to include a library and a normal conversation to better explain the
noise statue being required of the applicant.
12 Commissioner Cozad continued to address the public and praised the applicant's
groundwater protection process, Best Management Practices (BMPs) , air quality measures, and
the intent to work with CDOT to gain a better access .
Commissioner Cozad suggested a new DS to follow DS #3 and to read , " For the Cherry
Avenue access , and during initial start-up and drilling phase and completion of the wells , the
heavy traffic associated (not to include pick-up trucks or other passenger vehicles) shall not occur
within an hour of Bella Romero School's start time and release time . " The Board agreed .
EM Commissioner Kirkmeyer recommended deleting COA #1 . D and E , and to change COA
#1 . F to delete the words `submit a revised traffic narrative" and replace this language with ,
"attempt to get an Access Permit to Business Highway 34 , through CDOT, " . Commissioner
Kirkmeyer corrected a grammatical error and Commissioner Cozad followed with suggesting the
second sentence be deleted from COA #1 . G . The Board concurred with all the changes.
After further discussion . Mr. Thinglestad asked for clarification regarding the possibility of
obtaining the access from Business Highway 34 , and if that would allow Extraction to be exempt
from the Traffic limitation during school hours. The Board addressed his concern by stipulating
traffic limitations during Bella Romero School's sta
rt
the specific Cherry Avenue access regarding
and release time.
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01 In response to Chair Freeman , Mr. Thinglestad indicated he has reviewed . and agrees to
abide by, the Conditions of Approval and Development Standards , as amended .
Commissioner Kirkmeyer moved to approve the request of 7N . LLC , c/o Extraction Oil and
Gas , for a Site Specific Development Plan and Use by Special Review Permit, USR16-0009 , for
Oil or Gas Production Facilities (24 wells , 18 oil tanks, 2 water tanks , 24 separators . 2 meter
houses , 4 vapor recovery units , 8 emission control devices and 2 vapor recovery towers) in the
R- 1 (Low Density Residential) 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 Cozad .
21 Commissioner Kirkmeyer expressed her appreciation for everyone attending . She explained
her reasons for not supporting the sidewalk issue due to the refusal from the School District and
the City of Greeley to contribute respective match funding to the project to administer the
Community Block Grant that the County had applied for and secured . She further expressed her
frustration at the indication that the Board is responsible for putting this oil and gas use in the
neighborhood when it is clear that this Use has been in place prior to the school being built.
Commissioner Kirkmeyer reminded the public that she lives in close proximity to ten drilling rigs,
had a dairy farm . and raised a family in an area close to oil and gas; therefore , she will not be
accused of making a decision that she herself is not willing to live with because she lives with it
every day and so do her children and grandchildren . Commissioner Kirkmeyer clarified her
support for the application with the incorporated findings and mitigated efforts and stated it goes
above and beyond the rules of the Colorado Oil and Gas Conservation Commission .
Lic711. Commissioner Cozad stated she lives in close proximity to 200 wells and railroad tracks and
she does understand the impacts . She further stressed the importance of the oil and gas industry
providing jobs and a future for some families that would fall below the poverty line without this
industry. Commissioner Cozad respectfully disagreed with the comments inferring lack of
knowledge regarding these issues because she does study these issues and has a background
in biology and chemistry and she does understand them . She further stated the application meets
the criteria of the code and the conditions and standards are the safety net for the community and
the measure of accountability for the applicant.
Commissioner Moreno thanked the public for attending and participating . He stated he was
appointed by the Governor to the Colorado Oil and Gas Task Force with the purpose to find the
facts of the industry and be able to make recommendations based on the facts. Commissioner
Moreno expressed his appreciation for the process and the collaboration of all parties . even with
respectful disagreement on some topics. He concluded by stating he supports the findings based
on the facts and he appreciates the applicant's willingness to mitigate on every level to assist with
the common goal of everyone in the room to protect the air, land , and water. Commissioner
Moreno stated he strongly supports the application .
Commissioner Conway thanked everyone for participating and recommended the public
take a second look at some of the studies submitted and be willing to analyze them to separate
fact from fiction . He concurred with Commissioner Moreno that everyone in the room is concerned
with the air quality and interested in science . He reviewed his participation in inaugurating the
Solida Del Sol Charter School and emphasized his concern and participation in bettering the
2016- 1782
PL1043
HEARING CERTIFICATION - 7N . LLC , C/O EXTRACTION OIL AND GAS (USR16-0009)
PAGE 11
community and providing educational opportunities on the east side of Greeley. Commissioner
Conway echoed his concern for all the schools in Greeley and his concern for all the kids to
receive a great education . He mentioned his disdain at reading some of the disrespectful
comments made at Planning Commission by the public and those comments made today, and
clarified that contrary to disrespectful accusations , this Board is invested in the community.
Commissioner Conway stated many got up to speak today but how many of those are actually
helping the community as opposed to helping an agenda. He invited the public to attend the North
Front Range Metropolitan Planning Organization and witness the discussions surrounding these
same issues and hear the statistics revealing a 15% decline in ozone levels from . 082 to . 070
even with the addition of 10 , 000 new wells ; furthermore , Weld County is one of the healthiest
counties in Colorado . Commissioner Conway thanked the public for coming and also recognized
the oil and gas industry workers who attended . He stated he hopes for the community to have a
future and to have opportunities to succeed economically utilizing the resources we have in front
of us; and . he strongly supports the application .
Chair Freeman also thanked everyone for coming today and concurred with his fellow
Commissioners that the application meets the criteria . He stated that he also lives in an area
where he is certain the oil wells were drilled before he was born and it has never been an issue.
Chair Freeman reiterated it is about the science and the facts and the applicant is doing a
tremendous job at this location . He stated the oil and gas industry is important to the safety and
security of our economy and does provide jobs . There being no further discussion , the motion
carried unanimously and the hearing was completed at 2 :45 p. m .
This Certification was approved on the 6th day of July, 2016 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: $ `' ' ek eini4Cus
Mike Freeman , Chair
Weld County Clerk to the Board r
Sean P. Conway , Pro-Tem
BY://)
e • . y Clerk to the Board EXCUSED DATE OF APPROVAL
ulie ,A. Cozad
"Pff" F M :
1161 rrbara Kirkmeyer
ounty Attorney , _
Steve Moreno
Date of signature : ^1 / 21 1 gotQ
2016- 1782
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