HomeMy WebLinkAbout20131601.tiffHEARING CERTIFICATION
DOCKET NO. 2013-33
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0013, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
OIL AND GAS SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TO, A
NATURAL GAS PROCESSING FACILITY, A NEW EQUIPMENT AND PIPE STORAGE
YARD, A LIQUEFIED NATURAL GAS (LNG) PLANT AND STORAGE FACILITY AND
ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT (LNG
FUELING FACILITY, COMMUNICATIONS TOWER GREATER THAN 70 FEET IN
HEIGHT (100 FEET), A MORGAN COUNTY SUBSTATION AND MORE THAN ONE (1)
CARGO (CONEX) CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT -
QUARTER CIRCLE LAZY H RANCH, INC., C/O NOBLE ENERGY, INC.
A public hearing was conducted on June 26, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Heidi Hansen
Health Department representative, Mary Evett
The following business was transacted:
0 I hereby certify that pursuant to a notice dated May 15, 2013, and duly published May 20,
2013, in the Greeley Tribune, a public hearing was conducted to consider the request of Quarter
Circle Lazy H Ranch, Inc., c/o Noble Energy, Inc., for a Site Specific Development Plan and Use
by Special Review Permit, USR13-0013, for a Mineral Resource Development Facility, including
Oil and Gas Support and Service, including, but not limited to, a Natural Gas Processing facility,
a new equipment and pipe storage yard, a Liquefied Natural Gas (LNG) Plant and storage
facility and any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone District (LNG fueling facility, communications tower greater
than 70 feet in height (100 feet), a Morgan County Substation and more than one (1) cargo
(Conex) container in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney,
made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
indicated the location of the site and surrounding land uses, and described the site layout and
proposed operations. He reviewed the referral responses and entered the favorable
recommendation of the Planning Commission into the record as written. He requested the
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HEARING CERTIFICATION - QUARTER CIRCLE LAZY H RANCH, INC., C/O NOBLE
ENERGY, INC. (USR13-0013)
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language which is proposed to be stricken from Condition of Approval #3.C be retained; that
Development Standard #36 be amended to state, "The applicant shall comply with the
Emergency Planning and Community Right to Know Act (EPCRA)."; and he displayed
photographs of the site and surrounding area.
a Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans, improvements agreement requirements, and drainage variance.
el Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions, as well as the requirements for an APEN, Waste Handling Plan, and Dust
Abatement Plan.
Pam Hora, TetraTech, represented the applicant and referenced a PowerPoint
presentation, marked Exhibit D, which she reviewed for the record, including maps of the area
and site layout, the intended operations and the need for the components of the facility, and
security features. Ms. Hora summarized compliance with the Weld County Code criteria and
indicated agreement with the Conditions of Approval and Development Standards, as proposed
and modified. a In response to Commissioner Rademacher, Ms. Hora indicated there will be
up to 26 full-time employees on the site during a 24 -hour period, split into two shifts.
Responding to Commissioner Kirkmeyer, Ms. Evett indicated Condition of Approval #1.B.2
references Rule 604 which deals with secondary containment. Ms. Hora indicated the
condensate tanks are the only function that will be subject to the Colorado Oil and Gas
Conservation Commission (COGCC) rules, as referenced in Development Standard #9.
a No public testimony was offered concerning this matter. In response to Commissioner
Rademacher, Ms. Hora confirmed the proposed number of 26 employees is sufficient and the
Board concurred Development Standard #19 addresses the number of employees. In
response to Commissioner Kirkmeyer, Mr. Ogle confirmed Condition of Approval #1.C requires
a Deed to confirm the legal description of the USR which will be confined to 80 acres.
Responding further to Commissioner Kirkmeyer, Ms. Hansen explained the types of on -site
improvements which may be required under Condition of Approval #1.D, and Commissioner
Kirkmeyer proposed deleting the on -site collateral requirement. In response to Commissioner
Conway, Ms. Hansen explained mitigation items may be installed prior to recording the plat
without collateral or, the applicant has the option of recording the plat and utilizing the collateral
to ensure the work is done. The Board discussed the option of revoking a permit if they do not
comply with the Conditions. Mr. Yatabe advised to discuss the collateral issue in a separate
venue because the requirement is currently a mechanism of the Code. a Following
discussion, Commissioner Kirkmeyer moved to amend Condition of Approval #1.D to delete the
words "all on -site and". The motion was seconded by Commissioner Rademacher. Chair
Garcia and Commissioner Conway indicated agreement with the sentiment of collateral for
on -site improvements posing a double encumbrance; however, they opposed the change until
after a work session for further discussion with staff. Commissioner Freeman supported the
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HEARING CERTIFICATION - QUARTER CIRCLE LAZY H RANCH, INC., C/O NOBLE
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motion, which carried three to two, with Commissioners Garcia and Conway opposed.
• Commissioner Kirkmeyer amended her motion to include the words "for off -site
improvements" to ensure compliance with current Code requirements, so Condition of Approval
#1.D will now read: "The applicant shall submit an Improvements Agreement for off -site
improvements. Collateral for off -site improvements, as well as road maintenance, is required for
this site. Road maintenance, including dust control, damage repair, and triggers for
improvements will be included." Commissioner Rademacher accepted the amendment, and
Commissioner Conway indicated the revision addressed his previous concern. The amended
motion carried four to one, with Chair Garcia opposed, pending a work session on the overall
concept. The Board concurred to amend Development Standard #24 to replace the word "will"
with "may".
Josh Sherman, Tetra Tech, responded to Commissioner Kirkmeyer and indicated they are
prepared to submit a Final Drainage Report in accordance with the checklist referenced in
Condition of Approval #1.E. Ms. Hansen clarified the Drainage criteria is thorough; however,
they recognize when certain aspects of the list do not apply and, in this case, they have already
granted a variance, so removal of the language is not a concern. Mr. Sherman indicated the
checklist allows them to compile the information for the Final Drainage Report in an orderly
fashion and they have no concerns with the current language because Noble's engineers intend
to go above and beyond the requirements. Commissioner Kirkmeyer commented she still
believes this requirement is overreaching and burdensome.
• Upon clarification by Mr. Ogle, the Board assented to amending Condition of
Approval #2.G to clarify that a "building" permit must be issued prior to the start of construction;
to delete Development Standard #9 as redundant of #10; and amend Development
Standard #12 to state, "Any petroleum contaminated soils on the facility shall be removed,
treated or disposed of in accordance with all applicable state and federal rules and regulations
and the Weld County Code." a In response to Commissioner Kirkmeyer, Ms. Hansen
explained the BMP's referenced in Development Standard #32. Julie Cozad, TetraTech,
confirmed the BMP's are part of the State permitted plan, so the language is redundant as a
Development Standard, and the Board concurred to delete Development Standard #32.
• The Board agreed to retain the language currently stricken from Condition of Approval
#3.C, and amend Development Standard #36 to state, "The applicant shall comply with the
Emergency Planning and Community Right to Know Act (EPCRA)."
In response to Chair Garcia, Ms. Hora stated she and the applicant have reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, as proposed and
amended.
• Commissioner Conway moved to approve the request of Quarter Circle Lazy H Ranch,
Inc., c/o Noble Energy, Inc., for a Site Specific Development Plan and Use by Special Review
Permit, USR13-0013, for a Mineral Resource Development Facility, including Oil and Gas
2013-1601
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HEARING CERTIFICATION - QUARTER CIRCLE LAZY H RANCH, INC., C/O NOBLE
ENERGY, INC. (USR13-0013)
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Support and Service, including, but not limited to, a Natural Gas Processing facility, a new
equipment and pipe storage yard, a Liquefied Natural Gas (LNG) Plant and storage facility and
any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone District (LNG fueling facility, communications tower greater
than 70 feet in height (100 feet), a Morgan County Substation and more than one (1) cargo
(Conex) container 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 entered into the record and amended. The motion was seconded by
Commissioner Rademacher. taCommissioner Kirkmeyer stated she is in support of the
motion because the Board has been working to bring this type of facility to the region in an effort
to promote Smart Energy, improve emissions and air quality, as well as resulting in a cost
savings on fuel for the County and residents. Commissioner Rademacher agreed and
thanked the applicant and its representative for submitting a good application.
ER Commissioner Conway concurred and stated this is an important project for Weld County
and it is very exciting in terms of brin mg Niobrara product to market, with Weld County hosting
the largest LNG plant in Colorado. La Chair Garcia agreed with the previous comments and
added his thanks to the applicant for the conservation effort to utilize 100 percent of the
resource. There being no further discussion, the motion carried unanimously and the hearing
was completed at 11:20 a.m.
This Certification was approved on the 1st day of July, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to th
BY:
Deputy Clerk to the
EXCUSED DATE OF APPROVAL
William F. Garcia, Chair
Doug Rademacher, Pro-Tem
Sean P. Conway
no2r^
Mike Freeman
CA"aL
arbara Kirkmeyer
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