HomeMy WebLinkAbout20152049.tiff HEARING CERTIFICATION
DOCKET NO. 2015-67
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0021, 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 - RJM LAND COMPANY, LLC, 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, Jennifer Petrik
Health Department representative, Heather Barbare
The following business was transacted:
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 RJM
Land Company, LLC, c/o Whiting Oil and Gas, for a Site Specific Development Plan and Use by
Special Review Permit, USR15-0021, 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.
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 and reviewed the intent of the operations plan and equipment to be used on-site. He
stated there would be approximately ten (10) truck trips per day accessing the site.
Mr. Gathman reported the applicant is proposing to use bottled water and portable toilets during
the construction phase and, once completed, the majority of the wastewater will be piped to the
site, thereby reducing truck traffic. Staff sent out 11 referrals and received five (5) responses
indicating no conflicts of interest or approval with conditions. He clarified the site is not located
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HEARING CERTIFICATION - RJM LAND COMPANY, LLC, C/O WHITING OIL AND GAS
(USR15-0021)
PAGE 2
within the three (3) mile referral area of any municipality and that the applicants have negotiated
a separate access easement; therefore, there will be two (2) access points to split the minimal
truck
traffic. Mr. Gathman displayed ima e s and entered the favorable recommendation of the
9
Planning Commission into the record as written.
El Jennifer Petrik, Planning Services Engineer representative, provided a brief overview of
the transportation plans and requirements stating the applicant had proposed an access from
County Road (CR) 127. She reviewed the daily traffic counts for the roads proposed to be used
for haul routes and access points and reported the information from the traffic narrative
indicating up to 50 water trucks daily to start, later reducing to approximately ten (10) per day
under normal operations. Ms. Petrik stated the Access Permits have been granted, AP15-00091
at the intersection of CR 116 and CR 133, and, AP15-00336 off of CR 127. Staff is requiring
tracking control and an Improvements Agreement. She reviewed details regarding the water
quality feature, grading permit, and listed the Development Standards (DS) related to Public
Works.
• Heather Barbare, Department of Public Health and Environment, reviewed the water and
sewer provisions stating the applicant is proposing to provide portable toilets and bottled water
for this unmanned facility. She reported the applicant has submitted a Waste Handling Plan and
a Ground Water Sampling Plan, as well as Financial Assurance. Ms. Barbare made known a
Spill Prevention and Control Countermeasure Plan and an Air Pollution Emissions Notice and
Permit from the State of Colorado are both required. She reviewed the Development Standards
relevant to Environmental Health.
• Mr. Pittman, applicant, displayed a PowerPoint presentation with images of the
surrounding properties and explained the two access points to minimize the traffic running past
the closest residence. He presented the facility design and basic operations plan and clarified
the earlier reference to the NGL Pipeline.
• Mr. Gathman interjected staff had received two letters of concern regarding truck traffic
and trucks braking at the intersection.
No public testimony was offered concerning this matter.
• In response to Chair Kirkmeyer, Mr. Pittman indicated he has reviewed the Conditions of
Approval and Development Standards and has no concerns or proposed changes.
ta In response to Commissioner Freeman, Mr. Pittman stated he did speak with the
surrounding property owners who submitted a letter of concern, and who are present today, and
explained the two access points and how this would reduce the truck traffic running past their
residence. Mr. Pittman was not aware of a second letter.
• Ms. Barbare proposed removing Condition of Approval (COA) #1.A regarding the
requirement for the Air Pollution Emissions Notice and Permit and relocate it to create a new
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Development Standard (DS) #24. Ms. Petrik suggested removing COA #1.E as a requirement
because the Access Permit has already been granted. She also recommended creating a new
COA #1.F.9 to reflect CR 127 being a gravel road and a Weld County classified collector road
and to list the associated requirements; and, lastly, to add the new Access Permit, AP15-00336,
to COA #1.F.10. Mr. Gathman stated the legal needs to be corrected to add the Subdivision
Exemption, SUBX15-0012, information. In response to Commissioner Cozad, Ms. Petrik
explained the triggers for tracking control. Ms. Barbare clarified that Development Standard #8
is standard for this type of use.
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.
la Commissioner Moreno moved to approve the request of RJM Land Company, LLC, do
Whiting Oil and Gas, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0021, 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 Cozad, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:03 a.m.
This Certification was approved on the 20th day y of July,
2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: ;L� �--nce,(
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to � ! arbara Kirkmey , Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
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De,r'y Clerk to the B•-rd � EL XCUSED
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Steve Moreno
2015-2049
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