HomeMy WebLinkAbout20152036.tiff HEARING CERTIFICATION
DOCKET NO. 2015-66
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0020, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND
GAS SUPPORT AND SERVICE (NON-COMMERCIAL CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - WADE CASTOR AND DELAND CASTOR,
C/O WHITING OIL AND GAS
A public hearing was conducted on July 15, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Wayne Howard
Health Department representative, Heather Barbare
The following business was transacted:
El I hereby certify that pursuant to a notice dated May 29, 2015, and duly published June 3,
2015, in the Greeley Tribune, a public hearing was conducted to consider the request of Wade
Castor and Deland Castor, c/o Whiting Oil and Gas, for a Site Specific Development Plan and
Use by Special Review Permit, USR15-0020, for Mineral Resource Development Facilities, Oil
and Gas Support and Service (non-commercial Class II Oilfield Waste Disposal Facility —
saltwater injection facility) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County
Attorney, made this a matter of record.
El Chair Kirkmeyer advised Kevin Pittman, applicant, that, since Commissioner Conway was
not able to be present, he had the option of continuing this matter to a date with the full Board
present. However, if he decides to proceed today, it will require three affirmative votes, or in the
case of a tie vote, Commissioner Conway will listen to the record and make the determining
vote. Mr. Pittman indicated he would like to proceed.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal. He explained the basic operation plan to include equipment at the site, location,
construction provision, and surrounding uses. Mr. Gathman provided the proposed number of
trucks utilizing the site and stated the site is completely screened. He conveyed the applicant
has applied for a Subdivision Exemption, SUBX15-00011, due to the facility covering only a
portion of the site. The plat has been finalized and is being submitted to recording. Mr. Gathman
stated the nearest residence is one (1) mile to the east. Staff sent out 11 referrals and received
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AND GAS (USR15-0020)
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six (6) indicating either no conflict of interest or approval with conditions. He stated the site is
not located within the three (3) mile referral area of any municipality. He displayed images of the
site and entered the favorable recommendation of the Planning Commission into the record as
written.
• Wayne Howard, Planning Services Engineer, provided a brief overview of the
transportation plans and requirements to include the location relating to County Roads (CR) 104
and 113 and the traffic counts on these roads. Staff has requested the applicant enter into a
Nonexclusive License Agreement for the use of CR 113 Section Line Right-of-Way. Mr. Howard
stated the traffic narrative indicates approximately ten (10) truck trips daily and he explained the
expected routes. He further stated the Access Permit has been granted, AP15-00171. He
reviewed the related Public Works requirements to include tracking control options,
Improvements Agreement negotiations, and submittal of the Drainage Report with a stamped
Certification of Compliance. Mr. Howard reported the Grading Permit has been issued, GRD15-
0041.
• Heather Barbare, Department of Public Health and Environment, reviewed the water and
sewer provisions stating the applicant will provide portable toilets and bottled water during
construction. She reviewed the related requirements to include the Waste Handling Plan,
Financial Assurance, Spill Prevention Control and Countermeasure Plan, Air Pollution
Emissions Notice and an Emissions Permit; however, based on direction from the Board, the Air
Pollution requirements may be removed or changed as necessary. Development Standards
(DS) 5-23 address items typical to Environmental Health in relation to injection wells.
Ei Kevin Pittman, applicant, displayed a PowerPoint presentation and gave the history of the
company and the various active locations in Colorado and North Dakota. He explained the
surrounding views as being very rural and he reviewed the reduction in truck traffic due to the
construction and operation of the pipeline. Mr. Pittman stated the disposal agreement with the
landowner is in place and he described the surrounding land uses as dry land agriculture. He
further reviewed other Whiting Oil and Gas projects in the area and explained the benefits to
piping product, versus trucking the product. Mr. Pittman presented images of the facility design
and explained the process to include the environmental safeguards. He stated this facility is
very similar to those they have brought before the Board in the past.
• No public testimony was offered concerning this matter.
In response to Commissioner Cozad, Mr. Pittman stated the tower is 35 feet tall primarily
used for the communications between the pipeline and the nearest manned facility allowing this
site to be operated remotely. Further in response to Commissioner Cozad, Mr. Pittman
explained because of the quality of water needed for the facility, recycling was not an option;
however, Whiting can commit to revisit the recycling aspect. In response to Commissioner
Moreno, he clarified the pipeline system connects to the production well and disposal wells in
the area and the pipeline is completed; however, it may not be physically tied in at all locations.
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• In response to Chair Kirkmeyer, Mr. Pittman indicated he has reviewed the Conditions of
Approval and Development Standards and has no proposed changes.
Ms. Barbare recommended removing Condition of Approval (COA) #1.A, related to
requirements for an Air Pollution Emissions Notice and Emissions Permit, and relocating it to
become the new Development Standard (DS) #23. Mr. Howard suggested deleting COA #1.C
and #1.E.7 regarding the requirement for a Nonexclusive License Agreement because it is not
needed. He further recommended deleting COA #5.A, regarding needing a Grading Permit,
because they already have the permit process completed and it has been issued. Mr. Gathman
recommended correcting the legal description to include the Subdivision Exemption. The Board
agreed with recommended changes.
• In response to Chair Kirkmeyer, Mr. Pittman 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 Wade Castor and Deland Castor,
c/o Whiting Oil and Gas, for a Site Specific Development Plan and Use by Special Review
Permit, USR15-0020, for Mineral Resource Development Facilities, Oil and Gas Support and
Service (non-commercial 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 and entered into the record. The motion was seconded by Commissioner Freeman,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:39 a.m.
This Certification was approved on the 20th day of July, 2015.
BOARD OF COUNTY COMMISSIONERS
C WILD COUNTY, C ORADO
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ATTEST: • ��
arbara Kirkmey , Chair
Weld County Clerk to the Boar. � ��Y
ir• Mike Freeman, Pro-Tem
BY: 11 7 )/ fJ )
Deputy Cler to the ! ' ' inn� EXCUSED
� Sean P. Co ay
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,.,,,,_,.• Julie A. Cozad
Steve Moreno
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