HomeMy WebLinkAbout20151054.tiff HEARING CERTIFICATION
DOCKET NO. 2015-27
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR74-0087, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL
FACILITY - SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL) ZONE
DISTRICT-TIMBRO RANCH AND CATTLE, LLC, CIO WHITING OIL AND GAS
A public hearing was conducted on April 22, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno - EXCUSED
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 Chair Kirkmeyer noted for the record that three of the five Commissioners were present,
with Commissioner Conway in the building to arrive soon, and Commissioner Moreno being
excused.
El I hereby certify that pursuant to a notice dated February 27, 2015, and duly published
March 4, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request
of Timbro Ranch and Cattle, LLC, c/o Whiting Oil and Gas, for a Site Specific Development Plan
and Use by Special Review Permit, USR14-0087, for Mineral Resource Development Facilities,
Oil and Gas Support and Service (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.
111 Chair Kirkmeyer called the applicant to come forward and stated for the record that
Commissioner Conway is now present. Furthermore, Chair Kirkmeyer advised Kevin Pittman,
representing the applicant, that, since Commissioner Moreno 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 Moreno 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, reviewing the location and nature of the non-commercial facility. He stated the water
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will be primarily piped in, with some truck traffic; however, the operation should reduce truck
traffic substantially. Mr. Gathman stated the operation shall encompass 22 acres which are
being leased from Timbro Ranch and Cattle, LLC, as concurrently the landowner is pursuing a
Subdivision Exemption, SUBX15-0005, to assist with facility operations. He said the injection
well site is located in a rural location and there was one letter of objection received
April 10, 2015, on behalf of adjacent landowner, Joan Stanley, which communicated concerns
regarding contamination of well water due to above ground spills and/or leaking below from
pipes, and potential for dust and road damage with further truck traffic. Mr. Gathman stated the
Conditions of Approval and Development Standards mitigate these concerns. He further
mentioned there were ten (10) referrals sent out and five (5) were received with no concerns or
comments, and the site is not in a three (3) mile referral area of any municipality. He entered the
favorable recommendation of the Planning Commission and displayed pictures of the site and
adjacent properties and uses. In response to Commissioner Cozad, Mr. Gathman clarified the
nearest resident location and stated the access road does pass by the residence.
Ei Wayne Howard, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements and stated the site is accessing off County Road
(CR) 133 at the intersection of CR 116 and the exits will be along the non-maintained CR 133
Section Line, and the non-maintained CR 114 Section Line. He stated staff has requested the
applicant verify the non-exclusive license agreement or provide evidence of a new agreement
and he supplied the traffic counts for the relevant truck routes. Mr. Howard stated the applicant
supplied a traffic narrative and he corrected the Access Permit number, as follows,
AP15-00091. Lastly, Mr. Howard reviewed the other requirements and permits necessary and/or
relevant to Planning Services and Public Works to include mention of Tracking Control
Measures, Improvements and Road Maintenance Agreement, and Grading. In response to
Commissioner Cozad, Mr. Howard pointed out the exact access location at the intersection.
e Heather Barbare, Department of Public Health and Environment, reviewed the water and
sewer provisions and stated the facility will be unmanned and the injection well will be monitored
remotely. She stated that the applicant will provide portable toilets and bottled water during
construction and operation, and that the Dust Abatement Plan indicated during construction a
water truck will be used to control the dust, the access road will consist of gravel, vehicle
speeds will be limited on the site and water trucks will be used as necessary. She further
explained the requirements relevant to the Department of Public Health and Environment to
include the Waste Handling Plan, Groundwater Monitoring Plan, financial assurance, Spill
Prevention Control and Countermeasure Plan, and referenced the relevant Conditions of
Approval (COA) and Development Standards (DS) regarding injection wells. In response to
Commissioner Cozad, Ms. Barbare clarified COA#5.A through #5.D have been met.
el Mr. Pittman introduced those present from the group who will be operating the site,
Charles Ohlson, Mike Stahl, and Randal Willey, and displayed a PowerPoint presentation of the
facility referencing the company history in Weld County since 2011. He pointed out the adjacent
views, explained the water pipeline system and how it would greatly reduce truck traffic,
reviewed truck routes, and the disposal area. He highlighted the prospect that piping the water
is projected to decrease truck traffic by 700,000 miles per year. Mr. Pittman further discussed
the facility access in respect to the closest residence, stating that the current amount of truck
trips averaged about 50 trucks per day purely to pick up water and this particular traffic would be
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eliminated with pipeline use. He presented a flow diagram of the facility, facility design,
environmental safeguards, secondary containment, groundwater monitoring wells, leak
detection system, pipeline, injection well and conveyed complete compliance. PA In response
to Commissioner Conway, Mr. Pittman stated they have reached out to the concerned neighbor
regarding truck traffic and stated when they explained about the pipeline, perhaps it lessoned
the concerns. In response to Commissioner Cozad, Mr. Pittman pointed out the existing access
which was not completely accessible due to conflicts with a surrounding property owner;
however, this has been solved with a new access permit. He further explained it is projected
after the facility is built there will be less than five trucks per day. He further explained regarding
safety, lightning, and geologic questions relevant to an unmanned facility. With regard to
seismic activity, the state and federal requirements and permits monitor the volume of water
being put in the well over time to ensure safety. In regard to fire protection, Mr. Pittman
responded that notification has been given to the Fire Protection District. Commissioner
Conway verified the fire district requirements with the applicant.
El David Haber, Rodella Minerals and Vectra Group, stated there is a conflict of interest with
Whiting Petroleum Corporation regarding mineral rights in the area they are proposing for this
Use by Special Review. Mr. Haber stated his purpose for coming was to suggest a continuance
to allow his company time to investigate their share of the working interest and ensure their
collective rights are protected. He stated they have worked hard to attempt communication and
resolution with Whiting Petroleum to no avail and had counsel submit a letter to the Planning
Commission, aka PC Exhibit #2, communicating legal interest in the operation. In response to
Commissioner Conway, Mr. Haber stated the Vectra Group has been long time operators in
Oklahoma and this was the first time being a working interest owner operator in Colorado; and,
they are struggling to get answers regarding contractual expenditures per barrel and
unsubstantiated cost increases and the legalities surrounding these issues as Whiting refuses to
put anything in writing. In response to Commissioner Cozad, Mr. Haber stated they are seeking
time to address these legal issues. Chair Kirkmeyer stated Weld County has no jurisdiction
regarding the cost related business decisions and mineral rights, stating these are contracual
and competitive business issues; furthermore, this hearing is only regarding the land Use. She
suggested Mr. Haber contact the Colorado Oil and Gas Conservation Commission (COGCC) to
address accessing mineral rights.
CI In response to Chair Kirkmeyer, Mr. Pittman, Timbro Ranch and Cattle, LLC, Go Whiting
Oil and Gas, indicated he had no rebuttal and they have reviewed, and agree to abide by, the
Conditions of Approval and Development Standards.
Commissioner Cozad suggested the deletion of Conditions of Approval #5.A through #5.D
since the requirements have been met. Chair Kirkmeyer responded it would be best to leave
those in for notation purposes. Commissioner Cozad asked for clarification regarding the Waste
Handling Plan and Ms. Barbare clarified the applicant is required to submit modifications for
staff approval. Chair Kirkmeyer suggested Development Standard (DS) #16 be changed back to
reflect the Weld County Code requirement and language, and the third sentence of DS #20 be
deleted. The Board concurred with all changes.
In response to Chair Kirkmeyer, Mr. Pittman had no questions or concerns with the
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changes and agrees to abide by the Conditions of Approval and Development Standards, as
amended.
a Commissioner Freeman moved to approve the request of Timbro Ranch and Cattle, LLC,
do Whiting Oil and Gas, for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0087, for Mineral Resource Development Facilities, Oil and Gas Support and
Service (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 Conway, who also
suggested Whiting continue to contact the neighbor and work with them regarding the traffic
impact and follow the good neighbor policy. The motion carried unanimously. There being no
further discussion, the hearing was completed at 10:51 a.m.
This Certification was approved on the 27th day of April, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
t� fie ATTEST: deittAilti �C a /
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Weld County Clerk to the Board
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I' Mike Freeman, Pro-Tem
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De u Clerk to the Board so)��
art\ a\`Sean P. Conway
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�rie A. Coza
`,®llywc EXCUSED
�N Steve Moreno
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