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Home My WebLink About20143687.tiff HEARING CERTIFICATION DOCKET NO. 2014-90 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT, USR14-0057, (FORMERLY KNOWN AS USR12-0014), FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OIL AND GAS SUPPORT AND SERVICE (NON-COMMERCIAL CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY), TO INCLUDE THE ADDITION OF A COMMERCIAL CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY, A WATER RECYCLING FACILITY, AND THE OPERATION OF A LESS THAN TWELVE (12) MONTH CLASS II OILFIELD WASTE DISPOSAL FACILITY-SALTWATER INJECTION FACILITY)- NOBLE ENERGY, INC. A public hearing was conducted on December 10, 2014, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner William F. Garcia Also present: Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Services Department representative, Kim Ogle Planning Services Engineer representative, Wayne Howard Health Department representative, Heather Barbare The following business was transacted: I hereby certify that pursuant to a notice dated October 17, 2014, and duly published October 22, 2014, in the Greeley Tribune, a public hearing was conducted to consider the request of Noble Energy, Inc., for a Site Specific Development Plan and Amended Use by Special Review Permit, USR14-0057, (formerly known as USR12-0014), for Mineral Resource Development Facilities, including Oil and Gas Support and Service (non-commercial Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility), to include the addition of a Commercial Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility, a water recycling facility, and the operation of a less than twelve (12) month 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. Ei Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, indicated the location of, and access to, the 27.9-acre site, reviewed the surrounding land uses and stated staff received no correspondence from surrounding property owners. He explained the Cummins Field Injection Facility (USR12-0014) was approved in 2012; however, only a portion of the site has been constructed and the applicant intends to revise certain uses on portions of the site which will also result in the removal of trucks from County roads. He gave a brief overview of the site operations and security plan, reviewed the referral comments, entered 2014-3687 . t-pci,i Hi:19 PL2165 HEARING CERTIFICATION - NOBLE ENERGY, INC. (USR14-0057) PAGE 2 the favorable recommendation of the Planning Commission into the record as written and displayed photographs of the site and surrounding area. E Wayne Howard, Department of Planning Services Engineer, provided a brief overview of the transportation plans and requirements, stating County Road (CR) 80 (improved HARP road done this year) and CR 55 are both local roads; the site is located three miles from the access point; and a combination of County right-of-way and private easements are used to reach the site. He reviewed the average daily counts, noted the access permit and traffic narrative have been approved, and stated during construction the applicant anticipates 120 trucks, which will be reduced once the pipelines are constructed. He stated the use will require an Off-site Road Maintenance Agreement and a Nonexclusive Agreement for section line right-of-way to reach the site, and he described the haul route. Ei Heather Barbare, Department of Public Health and Environment, summarized the Waste Handling Plan and Dust Abatement Plan for the record. She stated the applicant has submitted a copy of Colorado Department of Public Health and Environment (CDPHE) Recycling Facility Initial Registration Form and a Groundwater Monitoring Plan for review and approval. She indicated the various remaining items to be submitted, pursuant to the Conditions of Approval, and reviewed the water and sewer provisions, including a septic system for employees and portable toilets for truck drives, in addition to a commercial well on site for drinking and bottled water during construction. E Pam Hora, Tetra Tech Planner, represented the applicant, displayed a PowerPoint presentation, marked Exhibit D, and introduced various staff members working on the project. She displayed a vicinity map, described surroundin land uses and access road, and explained the four primary reasons to amend the USR. She also reviewed the Site Map and proposed operations, including circulation, employees, capacity, number of trucks, loading, and temporary uses during construction. She displayed a map depicting the nearest neighbors and the haul route and noted the applicant has met with the potentially impacted neighbors at CR 51/80 and will attempt to address feedback concerning Jake brakes; they also received positive feedback concerning the need for this type of facility. El Lastly, she requested a revision to Condition of Approval #7.5.4 to remove the word "piping", which was approved by the Planning Commission and inadvertently retained in the Commissioners' Draft Resolution. YE In response to Commissioner Conway, Mr. Ogle reviewed the internal and external truck/traffic counts and Mr. Howard stated this facility will result in an increase of 120 trucks (240 trips per day) into the site which are currently on the County roads going to other sites. He reiterated the average daily traffic count (ADT) on CR 80 (taken two years ago) was 161 vehicles; on CR 55 the ADT was 79 vehicles, and CR 84 is currently an unimproved section line right-of-way which will be built with a Nonexclusive License Agreement and requires some private easements to cross private property. Following further discussion, it was clarified that CR 84 will be a privately built road and CR 80 is paved. le No public testimony was offered concerning this matter. The Board agreed to modify Condition of Approval #7.6.4 to remove the word "piping". In response to Commissioner Kirkmeyer concerning Condition of Approval#1.D, Mr. Howard confirmed the Improvements and Road Maintenance Agreement will apply to the haul route (CR 80) which is yet to be defined. In 2014-3687 PL2165 HEARING CERTIFICATION - NOBLE ENERGY, INC. (USR14-0057) PAGE 3 response to Chair Rademacher, Ms. Hora confirmed agreement with the proposed language in Development Standards #5, #6 and #7 regarding the hours of operation and number of employees. ID At the suggestion of Mr. Ogle, the Board consented to modify Development Standard #4 to read, 'The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan, starting one month prior to operation and then thereafter on or before March 15th of any given year, signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services." El Commissioner Conway expressed concern with staffs presentation photograph showing potential dust conditions on CR 84 with 260 daily trips that may result in complaints. Ms. Hora confirmed the applicant will commit to using water trucks for dust suppression during heavy trucking times. Commissioner Conway did not apply a specific requirement; however, he encouraged the applicant to utilize common sense for dust suppression when needed. Ili In response to Chair Rademacher, Ms. Hora indicated she and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. ID Commissioner Garcia moved to approve the request of Noble Energy, Inc., for a Site Specific Development Plan and Amended Use by Special Review Permit, USR14-0057, (formerly known as USR12-0014), for Mineral Resource Development Facilities, including Oil and Gas Support and Service (non-commercial Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility), to include the addition of a Commercial Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility, a water recycling facility, and the operation of a less than twelve (12) month 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. The motion was seconded by Commissioner Freeman. El Commissioner Conway thanked the applicant for presenting a recycling facility and being proactive in addressing the issue of water conservation. There being no further discussion, the motion carried unanimously and the hearing was completed at 11:31 a.m. 2014-3687 PL2165 HEARING CERTIFICATION - NOBLE ENERGY, INC. (USR14-0057) PAGE 4 This Certification was approved on the 15th day of December, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C� ��,,,// Il. St-9 CR� �,dtl J ri'G .J�,Lto��,c D uglas ademache , Chair Weld County Clerk to the Board cor • bara Kirkmeye , Pro-Tem BIWA illy Clerk to the Boa gyp. OP Of%1861 can P. Conway .•O�� eki 4, Mi ek Freeman z EXCUSED DATE OF APPROVAL William F. Garcia 2014-3687 PL2165 \ • 2 � 2 4 � k7 : 2 - \ q. % ( _ 2 6 / © E L 'O § \ < o k4E. cto a) til En : 2 _f a z \ Hello