HomeMy WebLinkAbout20141402.tiff HEARING CERTIFICATION
DOCKET NO. 2014-29
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0003, 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 - EXPEDITION WATER
SOLUTIONS
A public hearing was conducted on May 7, 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:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Don Carroll
Health Department representative, Heather Barbare
The following business was transacted:
IR I hereby certify that pursuant to a notice dated March 28, 2014, and duly published
hearing was conducted to consider the request of
April 2, 2014, in the Greeley Tribune, a public hea g q
Clyde Hemberger, do Expedition Water Solutions, for a Site Specific Development Plan and
Use by Special Review Permit, USR14-0003, 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. Brad Yatabe, Assistant County Attorney,
made this a matter of record.
IC Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. He said recycled water will be used to wash out fracking tanks and tanker
trucks and there will be approximately 130 truck round-trips per day. He stated there are
Development Standards for light and noise limits, operations are 24/7, and he reviewed
surrounding land use and residences; no phone calls or comments have been received from
surrounding land owners. He stated the Department of Public Health and Environment is
requesting a Condition of Approval #7.B, requiring the submission of As-Built Plans for the
facility. Mr. Gathman then showed images of the site.
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Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements and reviewed the location, which is en route to Keota. He reported
traffic counts on CR 105 and those from CDOT on State Highway 14 and supplied pictures of
the intersection improvements already in place. He said staff is requesting the applicant show
the approved access point on the plat, which is 500 feet from Hwy 14. Mr. Carroll stated there
is an Improvements Agreement in place and staff is requesting an Offsite Road Maintenance
Agreement related to the haul route, as well as other appropriate permits. There should be no
parking or staging on County Roads. e Commissioner Conway reported complaints from
constituents in this area regarding road damage and said 260 truck trips a day is a huge
increase. Mr. Carroll said the grader operator will keep Public Works updated on the condition
of this road and deterioration will trigger the Road Improvements Agreement. There was further
discussion of the haul route. Mr. Carroll noted his department is not asking for any upgrades at
this time; the agreement is just a contingency. Commissioner Kirkmeyer recommended the
applicant use Hwy 14 as a haul route and the County not require an Improvements Agreement.
CI In response to Mr. Yatabe, the applicant confirmed the legal description should read, the
N1/2 of the NW1/4, and Expedition is now the sole owner of the property. Mr. Carroll
recommended an Improvements Agreement be in place.
Chair Rademacher opened the floor for public comment and none was forthcoming.
e In response to Mr. Yatabe, Mr. Gathman confirmed there are no recorded exemption or
right-of-way issues regarding the 80-acre quit claim deed.
Commissioner Kirkmeyer asked what CDOT's requirements are in regard to Condition of
Approval #1.J. El Eric Wernsman, Wernsman Engineering, reported CDOT wants to protect
the shoulders from eroding on Hwy 14, where they turn off the County Road; he confirmed they
don't have to get an access permit. Chair Rademacher commented that seems like a County
issue. Condition of Approval #1.J was deleted by assent of the Board, and Condition of
Approval #1.K was also deleted per previous discussion about homes being a significant
distance from the haul route. Commissioner Conway said they want to have something in place
due to potential drilling further south to cover any future road damages. Commissioner
Kirkmeyer remarked she doesn't think the triggers would ever apply. Mr. Carroll explained the
standard is a proportional share for a mile in every direction from the site and how the
percentages are calculated. Commissioner Freeman noted it is unlikely all the trucks will be
going south on CR 105. Mr. Gathman confirmed there will be a traffic impact fee attached to the
building permits.
El Heather Barbare, Department of Public Health and Environment, reviewed the water and
sewer provisions. She noted an Air Emissions Permit and an approved Groundwater Monitoring
Plan, as well as Recycling Facility registration are required. No discharge is allowable as a
result of the vehicle washing areas, and there are Colorado Oil and Gas Conservation
Commission and EPA requirements as well. A Spill Prevention, Control and Countermeasure
Plan (SPCC) and secondary containment and leak detection systems are required at every
injection well facility and an Individual Sewage Disposal Systems (ISDS) permit is also required,
as this shall eventually be a manned facility.
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• Jim Goddard, applicant, stated they are proposing a Class II Saltwater Injection facility,
and will be adding a truck washout and a recycling facility sometime in the future. In response
to Commissioner Rademacher, Mr. Goddard indicated the haul route would go north on Hwy 14
and there is no product coming off the site until the recycling operation commences. Chair
Rademacher stated he would like to see the most direct route used to reduce traffic, instead of
one designated haul route. Mr. Carroll noted if the Department of Public Works gets complaints,
they are usually generated from the area right around a site, and, in regard to dust abatement,
he confirmed there are no residences nearby. Commissioner Kirkmeyer made a motion to
delete Condition of Approval #1.K, which was seconded by Commissioner Freeman.
Commissioner Conway asked about amending that instead, but after further discussion #1.K
was deleted by consent of the Board.
Commissioner Kirkmeyer suggested that Condition of Approval #1.L.9 be deleted because
there is no CDOT access; done by assent of the Board. In response to Commissioner
Kirkmeyer, Ms. Barbare said that the request for As-Built Plans, in the proposed Condition of
Approval #7.B, is primarily for Weld County's records; they are more detailed than the plat as to
the location of potentially flammable equipment and pipes. Commissioner Kirkmeyer said that is
why we have Condition of Approval #7.A, and the new Condition of Approval was not added by
assent of the Board.
0 Mr. Yatabe suggested the deletion of any mention of Mr. Hemberger from the resolution,
and reiterated the correction of the legal description.
• In response to Chair Rademacher, Mr. Goddard indicated he has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Kirkmeyer moved to approve the request of Expedition Water Solutions for
a Site Specific Development Plan and Use by Special Review Permit, USR14-0003, 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, 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.
El Commissioner Conway stated he has seen a huge increase in truck traffic in this area and
has been hearing from constituents via phone calls and emails; and, therefore, he is requesting
that companies working in this area proactively act as good neighbors, especially when it comes
to ensuring their employees are driving safely and respectfully.
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There being no further discussion, the motion carried unanimously, and the hearing was
completed at 10:50 a.m.
This Certification was approved on the 12th day of May, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board
t arbara Kirkmey r, Pro-Tem BY:De. 0 Clerk to the Board I' �� ; �� •
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William F. Garcia
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