HomeMy WebLinkAbout20141277.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday,April 15, 2014
• A regular meeting of the Weld County Planning Commission was held in the Weld County
Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to
order by Chair, Mark Lawley, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Absent/Excused: Bret Elliott.
Also Present: Chris Gathman, Department of Planning Services; Don Carroll, Department of Public
Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the April 1, 2014 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Benjamin Hansford. Motion passed unanimously.
®' CASE NUMBER: USR14-0003
APPLICANT: CLYDE HEMBERGER,C/O EXPEDITION WATER SOLUTIONS
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (A
DISPOSAL SITE FOR OIL AND GAS PRODUCTION WASTE INCLUDING A
CLASS II INJECTION WELL AND WATER RECYCLING FACILITY WITH THE
CAPABILITIES OF RECYCLING THE WATER FOR USE IN THE OILFIELD
INDUSTRY AND TO WASH OUT TANKS) IN THE A (AGRICULTURAL)ZONE
DISTRICT.
LEGAL DESCRIPTION: PT E2/NW4 SECTION 26, T8N, R60W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 14 AND EAST OF AND
ADJACENT TO CR 105.
• Chris Gathman, Planning Services, presented Case USR14-0003, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Commissioner Smock noted that she did perform a site visit and submitted a field check form.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
In response to Commissioner Smock, Mr. Carroll clarified that there are acceleration and deceleration
lanes on Highway 14. Commissioner Smock expressed concern with visibility from coming east down the
hill on Highway 14 and with the amount of traffic at that intersection.
Commissioner Maxey asked if there is any information on traffic counts on Highway 14 in that area. Mr.
Carroll said that CDOT did not supply any traffic counts for Highway 14.
• Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Ms. Light stated that Condition of Approval 5.G has been met. Additionally, she noted that Condition of
Approval 5.E does not apply to this case and recommended deletion. Ms. Light stated that Condition of
Approval 1.D is duplicated in the development standards and suggested that it be removed.
2014-1277
L/l at nLu 1COI IUri
Jim Goddard, 1023 39'h Avenue, Greeley, stated that they are proposing a Class II Saltwater
Injection Facility. Additionally, they are requesting to get recycled water in the future. They intend to take
the trucks off the road and pipeline approximately 70%of the water into the facility.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Warren Schaeffer, 4290 W 10th Street, Suite 110, Greeley, stated that he represents the mineral estate
owners of the N2NW4 Section 26, T8N, R60W. His clients expressed concern regarding compensation.
He visited this site and said that there has been a lot of dirt work and it appears that this is a done deal
without regard to the mineral owners. His clients are in favor of oil and gas development and responsible
saltwater disposal. Mr. Schaeffer asked for assurances that the surface and subsurface owners are
adequately compensated. He would like to see more interaction from the proposed developers and the
mineral interest owners.
Commissioner Maxey clarified that this is a disposal well and added that the mineral rights should not be
affected at all. Mr. Schaeffer said that mineral estate is a separate ownership from surface estate and
anything that impacts the mineral estate is subject to compensation. The subsurface estate has a right
which can be compensated if their interests are jeopardized. He added that industry standard is to
compensate the mineral interest owner for replacing something into the mineral estate which would not
otherwise exist. Mr. Schaeffer compared it to the rental of a building on the surface property.
Mr. Goddard said that he hasn't visited the site for a week but they have not filed any permits for dirt
work nor have they done any dirt work to the site. He added that Carizzo is drilling a couple of wells in
the area and thought that might be why he saw some dirt work.
Mr. Goddard said that he has been in this business for 19 years and is not aware of any payments made
to mineral owners for compensation for injection into the ground.
Commissioner Wailes said that this is a unique situation with two classes of property owners. He asked if
subsurface owners receive notification. Mr. Gathman said that they are required by stated statute to be
notified and notice was given in this case. Mr. Wailes said that if they are notified than he thinks that
there is the potential for them to be affected by the project. Mr. Wailes asked the County Attorney for
legal advisement.
Brad Yatabe, County Attorney, said that he has never heard of a case like this but is not experienced in
this issue. In terms of this issue, he doesn't have an answer but suspects if the mineral interest owners
want to bring it up there might be litigation that there would be damage or an infringement on their rights.
Commissioner Sparrow said that this is an interesting argument and agrees that it may go to court in the
future.
Commissioner Maxey said that he hasn't seen this issue in 5 years and hasn't heard this argument as
well. He encouraged the two parties to work together to discuss this further. He said that he doesn't
believe that the mineral rights are being impacted by this proposal. However Mr. Schaeffer brings up a
storage issue and that is a good argument.
Commissioner Smock understood that the facility will take up about 5 acres and said that the USR
encompasses the whole 470 acres. Mr. Goddard said that they are purchasing 80 acres from the
landowner, Mr. Hemberger. Mr. Gathman clarified that, at this time of record, the USR will encompass
the entire 470 acres until the deed is received and then the USR boundary size would be reduced to 80
acres.
The Chair said that there are some recommendations to amend the staff report.
Motion: Delete Conditions of Approval 1.D and 5.E as stated by staff, Moved by Jason Maxey,
Seconded by Nick Berryman. Motion carried unanimously.
2
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
' Motion: Forward Case USR14-0003 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary:Yes= 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Commissioner Wailes commented that he feels there is a gray area here and thanked Mr. Schaeffer for
coming in today. He encouraged the applicants to visit with the subsurface owners.
Commissioner Sparrow said that he would like to see a definition of mineral rights and subsurface rights.
Commissioner Smock said that the majority of the time we have seen the landowners and the minerals
owners as the same and that is why we probably haven't seen this issue before.
Commissioner Berryman said he has some familiarity with the area of real estate and has contact with
some subsurface agreements and mineral contracts. He still has yet to hear of compensation for a
saltwater injection facility but doesn't mean it doesn't exist. He added that he doesn't think in the
application process that for a Class II Saltwater Injection Facility that they are required to have an
agreement with the subsurface owner. Therefore he believes the burden of proof is on the mineral owner
to try and produce a cause/harm argument.
Commissioner Jemiola said that in terms of mineral rights you have the right to extract those minerals and
produce from those minerals. In terms of subsurface rights, technically if you have all encompassing
subsurface rights then you can charge them rent for docking on your subsurface.
Commissioner Maxey said that it is an interesting argument. He believes the applicant has met the
County requirements and criteria.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Tom Parko, Planning Director, said that he visited with Mr. Elliott regarding his absences at Planning
Commission hearings. Mr. Elliott stated that his business has increased and he is not able to fulfill his
commitment to the Planning Commission. According to the Planning Commission Bylaws if any member
misses three (3) consecutive meetings or more than 50% of the meetings in any three month period it
should be brought to the Planning Commission for action. Mr. Parko said that following his conversation,
Mr. Elliott submitted an email stating that he would like to tender his resignation.
Mr. Yatabe said that according to the bylaws the Planning Commission shall recommend to the Board of
County Commissioners what the show cause is for why they should not be removed. Based on the
information provided by Mr. Parko, the Planning Commission needs to determine if Mr. Elliott has fit this
criteria.
Commissioner Maxey said that it is a tough one. He added that he loved having Mr. Elliott on the
Planning Commission as he had made many good comments and questions when he has been here. He
said that he is in favor of accepting his resignation and to fill this position by someone who can make this
commitment.
Commissioner Jemiola said that this should be forwarded to the Board of County Commissioners for their
consideration.
3
Motion: Consider removal of Bret Elliott from the Planning Commission, Moved by Jordan Jemiola,
Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote(summary:Yes= 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Commissioner Berryman stated that it is too bad to see him go but for the betterment of the Board it is a
good decision.
The Planning Commission requested that a legal presentation be given regarding property rights,
subsurface rights versus mineral rights as well as disposal similar to septic leach systems. Mr. Yatabe
said that he would do further research on this topic.
Meeting adjourned at 2:38 pm.
Respectfully submitted,
�� �� � /" Digitally signed by Kristine Ranslem
`{� 41„r - Date:2014.04.18 10:15:22-06'00'
Kristine Ranslem
Secretary
4
Hello