HomeMy WebLinkAbout20131670.tiffHEARING CERTIFICATION
DOCKET NO. 2013-35
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0016, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (GAS PROCESSING FACILITY
AND RELATED EQUIPMENT INCLUDING GAS COMPRESSORS ALONG WITH A
LAYDOWN YARD/STORAGE AREA FOR OIL AND GAS EQUIPMENT) IN THE A
(AGRICULTURAL) ZONE DISTRICT - NELSON RANCHES, INC., C/O WHITING
PETROLEUM CORPORATION
A public hearing was conducted on July 3, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Heidi Hansen
Health Department representative, Mary Evett
The following business was transacted:
I hereby certify that pursuant to a notice dated May 31, 2013, and duly published June 5,
2013, in the Greeley Tribune, a public hearing was conducted to consider the request of Nelson
Ranches, Inc., c/o Whiting Petroleum Corporation, for a Site Specific Development Plan and
Use by Special Review Permit, USR13-0016, for a Mineral Resource Development Facility,
including an Oil and Gas Support and Service Facility (gas processing facility and related
equipment including gas compressors along with a laydown yard/storage area for oil and gas
equipment) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made
this a matter of record.
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 noted several items: the parcel is vacant, with the exception of an
abandoned residence, the setback is 600 feet from CR 127, the applicants are dividing out 35
acres for operations on Lot A, and the plat is not yet submitted for recording. He said the
application has been amended to upsize the office to 14 employees, with a limit of 20 persons
on -site at a time. He noted one letter of objection from a neighbor to the east who is concerned
about having a gas -processing facility in close proximity; a screening condition was added
based on that objection, but because the site is remote, this may not be warranted. He outlined
some changes to the resolution. Conditions of Approval #1.D and #1.H say the same thing
about the commercial well, these are redundant to #1.B, and should be deleted and renumber
accordingly. He also requested Development Standard #4 be added to state there will be a total
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of 20 employees on -site, and renumbered accordingly. Mr. Gathman presented photographs of
the site. In response to Chair Garcia, Mr. Gathman said that the neighbor was concerned about
views and general apprehension about gas production. He stated the owner does not live
onsite.
El Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans and requirements. She said County Road 127 is a collector roadway, and the site will
generate 10 passenger vehicles and 10 truck trips per day. She noted her department is not
concerned by the increased number of employees. She said the applicant elected to provide
full drainage for future expansion, Condition of Approval #1.A has been completed, and the final
drainage report has been approved. She noted the words "on -site and" should be deleted in
Condition of Approval #1.C, and Development Standard #24 (regarding Best Management
practices) should also be deleted, per the Board's request last week.
Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions. She noted they are proposing a commercial septic system, and that their commercial
well permit indicated 10 employees, so they will need to resubmit. She noted the applicants
need to revise their Waste Handling Plan to include a list of chemicals and quantities stored on
site. They will use gravel for dust abatement and a water truck. She noted that Condition of
Approval #5.A is addressed in #5.B, so #5.A should be deleted, and Development Standard
#15, regarding Oil and Gas Conservation, should be stricken. Commissioner Rademacher
suggested deleting Development Standard #14 as well.
gi Burt Bloom, Whiting Petroleum Corporation, presented a detailed description of the
proposed project, including access and production capacity, and said they were located as far
away from the road as possible. He referenced an agreement with Tri-State for electrical
service in two years, saying that will make the site less noisy. In response to Commissioner
Conway, Mr. Gathman said the New Raymer Fire Protection District was sent a referral and did
not respond.
No public testimony was offered concerning this matter.
Mr. Bloom commended the Department of Planning Services for their generous assistance
and said he was fine with the Conditions of Approval and Development Standards as written.
Commissioner Kirkmeyer suggested deleting the first sentence of #1.B, and deleting the words
"onsite and" in #1.C., which was done by assent of the Board. El She also recommended
deletion of the requirement for a screening plan in Condition of Approval #1.E. In response to
Commissioner Conway, Mr. Gathman confirmed the screening came about due to the phone
call from a neighbor, but does not seem relevant due to the remote nature of the location, and it
was deleted by assent of the Board, as well as Development Standard #30 and Condition of
Approval #1.L.9. Conditions of Approval #1.D and #1.H were deleted at the suggestion of
staff. Commissioner Kirkmeyer suggested the deletion of #5.A and questioned #5.B regarding a
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sediment and erosion control plan. a Ms. Hansen said those are required by the grading
permit in order to guarantee other properties are not affected, especially if there are lower
elevations nearby. Commissioner Kirkmeyer requested a copy of the erosion plan be emailed
to the Board for review and suggested deleting the reference to Best Management practices.
Commissioner Conway suggested changing "must" to "may"; all these changes were made by
concurrence of the Board with the instruction that, if there is no demonstrated impact, they don't
have to submit a plan. CR Commissioner Kirkmeyer suggested adding a Development
Standard #4: "There will be a maximum of 20 employees on -site," which was done by
concurrence of the Board. In response to Commissioner Conway, Mr. Bloom confirmed 20 is
the top number anticipated. El Commissioner Kirkmeyer said Development Standard #11 is a
statement, not a Development Standard, and should be deleted. Ms. Evett agreed that
Development Standard #10 is sufficient and #11 is redundant. Chair Garcia said Development
Standard #15 seems advisory, Ms. Evett confirmed that is the case and this was also deleted by
assent of the Board. la Commissioner Kirkmeyer noted Development Standard #23 is not
written clearly. Ms. Hansen said the intent is to maintain historical run-off patterns and rates in
case something in the future caused damage to neighboring property, and confirmed it is also
advisory. Commissioner Conway said it should be amended to read "The historical flow
patterns and run-off amounts will be maintained on the site" and all else deleted. On
Development Standard #24, Commissioner Conway suggested changing "must" to "may," but
Commissioner Kirkmeyer said to delete because it is too broad. Ms. Hansen confirmed it is
advisory and it was deleted by consent of the Board, and "will" was changed to "may" in
Development Standard #28, at Commissioner Rademacher's suggestion.
In response to Chair Garcia, Mr. Bloom agreed to abide by the Conditions of Approval and
Development Standards, as amended.
Commissioner Conway moved to approve the request of Nelson Ranches, Inc., c/o
Whiting Petroleum Corporation, for a Site Specific Development Plan and Use by Special
Review Permit, USR13-0016, for a Mineral Resource Development Facility, including an Oil and
Gas Support and Service Facility (gas processing facility and related equipment including gas
compressors along with a laydown yard/storage area for oil and gas equipment) 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 Rademacher, and it
carried unanimously.
Commissioner Conway pointed out this is the second such facility approved by the Board
in the past two weeks which will improve air quality by capturing flared gas that would otherwise
be wasted.
There being no further discussion, the hearing was completed at 10:47 a.m.
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This Certification was approved on the 8th day of July, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CITY, COLORADO
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