HomeMy WebLinkAbout20130568.tiffHEARING CERTIFICATION
DOCKET NO. 2013-14
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0075, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
TRANSLOADING OF A COMMODITY FROM ONE MODE OF TRANSPORTATION TO
ANOTHER INCLUDING RAIL, TRUCK AND PIPELINE, WITHOUT LIMITATION FOR
OIL AND GAS INDUSTRIES, INCLUDING PETROLEUM PRODUCTS AND STORAGE
RELATED TO SAME, THE CONSTRUCTION OF. AN ON -SITE RAIL SPUR TO
CREATE A "RAIL LOOP" OF ON -SITE TRACK, NEW OFFICES AND SUPPORT
BUILDINGS, AND RELATED EQUIPMENT, A GREATER THAN 70 -FOOT
COMMUNICATION TOWER AND UTILIZATION OF MORE THAN ONE CARGO
CONTAINER FOR STORAGE IN THE A (AGRICULTURAL) ZONE DISTRICT - PLAINS
MARKETING, LP
A public hearing was conducted on February 27, 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, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Don Carroll
Health Department representative, Mary Evett
The following business was transacted:
---� I hereby certify that pursuant to a notice dated January 30, 2013, and duly published
February 4, 2013, in the Greeley Tribune, a public hearing was conducted to consider the
request of Plains Marketing, LP, for a Site Specific Development Plan and Use by Special
Review Permit, USR12-0075, for Mineral Resource Development Facilities, including
transloading of a commodity from one mode of transportation to another including rail, truck and
pipeline, without limitation for oil and gas industries, including petroleum products and storage
related to same, the construction of an on -site rail spur to create a "rail loop" of on -site track,
new offices and support buildings, and related equipment, a greater than 70 -foot communication
tower and utilization of more than one cargo container for storage 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,
location, and surrounding land uses. He reviewed the site plan and referral response from the
Town of Keenesburg. Mr. Ogle described the access, traffic impacts, and improvements
requirements. He referenced one telephone inquiry and stated staff has received no
correspondence of opposition from surrounding property owners. He entered the favorable
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recommendation of the Planning Commission into the record as written and displayed
photographs of the site and surrounding area.
Chair Garcia asked for testimony from members of the public who would not be able to
return after lunch. DeEtta Mathisen, surrounding property owner, expressed concern with
noise, dust, and odor, potential impacts to her well water, fire hazards, light pollution, and
impacts to her livestock, and cited a lack of contact from the applicant. In response to
Commissioner Conway, Ms. Mathisen indicated the location of her residence on the projected
map.
a Rhonda Thompson, surrounding property and business owner, expressed concern with
the significant increase in truck traffic through the Town of Keenesburg, causing traffic hazards,
dust, lower property values and diesel odor. She also proposed a haul route using the Roggen
exit and indicated that County Road (CR) 398 is not wide enough to accommodate an adequate
turning radius. She felt the applicant should be required to pave the road and address conflicts
with area agricultural operations and local community businesses. She indicated the location of
her residence.
• Greg Pickerel, Noble Energy, addressed concerns about the timing of the pipeline. He
reported they have acquired the piping, they are working to acquire the necessary rights -of -way,
and the facility is expected to be operational by July, 2013. He gave a brief description of the
regional pipeline network, which will substantially reduce truck traffic in the area. b In
response to Commissioners Conway and Kirkmeyer, Mr. Pickerel provided an estimate of truck
traffic reduction, once the Noble pipeline is operational.
a Chair Garcia recessed the hearing until 1:15 p.m. Upon reconvening, Don Carroll,
Department of Public Works, provided a brief overview of the access from CR 398, average
daily traffic counts, transportation plans and improvements requirements. He stated a Final
Drainage Report has been submitted and is under review and a Grading Permit will be required.
• In response to Commissioner Garcia, Mr. Carroll indicated the Improvements Agreement
pertains to County roads only; not roadways within the Town of Keenesburg.
• In response to questions from the Board, Janet Carter, Department of Public Works,
reviewed the haul route, associated triggers through the Improvements Agreement, and parking.
She submitted an Estimated Trip Summary, marked Exhibit G, which she reviewed for the
record. She noted the Noble and Anadarko pipelines will still be subject to approval of various
right-of-way permits for roadway crossings and Nonexclusive License Agreements. She also
reviewed three options, included in Exhibit G, and recommended Option B, since the completion
of the pipelines is uncertain. She responded to questions from the Board concerning
realistic timing for completion of the pipeline and other possible haul routes. She also confirmed
that CR 398 is currently all gravel, and relayed that the Average Daily Traffic (ADT) count, taken
in 2011, was 118. Mr. Carroll informed the Board that CR 398 turns into a frontage road once it
begins to parallel the Highway.
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Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions. She reported the applicant has submitted an Air Pollutant Emission Notice, meeting
Condition of Approval 1.D.1, and she also reviewed plans for Waste Management, Snow
Removal, Spill Containment and Response, and Dust Control.
Vince Harris, Baseline Corporation, represented the applicant and displayed a PowerPoint
presentation, marked Exhibit F, which he reviewed for the record. In response to questions
from the Board, Mr. Harris reviewed the location of the road and railroad, provided an overview
of the on -site structures, and reported coordination with the Southwest Weld Fire Protection
District. In response to Commissioner Rademacher, Mr. Harris confirmed that 20 trucks per day
will be the facility limit once the pipeline is in place, and that right-of-way negotiations are under
way (90 percent belongs to one owner).
Melissa Smith, Plains All American Pipeline, LP, referred to Exhibit F, regarding rail and
road accesses and on -site improvements, and described similar facilities operating throughout
the nation. aShe responded to 9gestions from the Board regarding employee parking and
mid -shift travel to and from the site. tH Mr. Harris reviewed the request to delete Conditions of
Approval #1.C.1, #1.C.2, and #1.C.3, as detailed in Exhibit H. He also referred to the pending
agreement with the Town of Keenesburg and spoke to the issue of daily traffic trips. In
response to Commissioner Conway, Ms. Smith stated if the pipelines are not in place at the time
of opening, they will have to address the impacts through an Improvements Agreement and
delay the opening, or the oil companies may opt to deliver to another site until the lines are in
place. At this time they are committed to limiting the site to 20 trucks a day, and would hope to
be able to operate with increased traffic while they work out the details of road improvements
with the County, in the future, if necessary. IR Justin Nickolson, Facility Manager, indicated
the train speeds are set by the Burlington Northern/Santa Fe (BNSF) Railroad, there will be
one (1) unit train per day at maximum capacity, they will slow to enter the site and proceed at 10
miles per hour (mph) within the site, and he informed the Board that 104 average length rail cars
equals 1.25 miles.
vehicle trips per day on CR 398. He also presented the logic for requesting the deletion of
Conditions of Approval #1.C.1 through #1.C.3. He responded to questions regarding the
calculations during a peak hour.
Mr. Harris reviewed the Code criteria, reiterated the request to delete Conditions of
Approval #1.C.1 through #1.C.3, and indicated the Planning Commission instructed they clarify
the traffic counts prior to this hearing for the Board's benefit. Ms. Carter added these changes
to her recommendation.
Fred Lance, Baseline Engineering (Traffic), reviewed the PowerPoint slide detailing
In response to questions from the Board, Joel Aucoin, Anadarko Petroleum, confirmed the
pipe material is purchased, they are in the process of preparing the permit applications and
agreements to present to staff, and they anticipate commencing construction by the end of
March, 2013. He reviewed the pipeline capacity, commitment with the applicant, and
percentage of completed right-of-way acquisitions.
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a Responding to the Board, Ms. Smith stated they anticipate serving primarily Noble and
Anadarko and will not be operating at full capacity initially. Mr. Nickelson clarified the rail -line
will not cross CR 398. Ms. Smith confirmed they only contacted surrounding property owners
within 500 feet of the site. Mr. Harris stated they have received a water well permit, which
should not impact other users within the aquifer. Ms. Smith confirmed they are not actively
seeking additional customers and are committed to the 20 -truck limit.
Danny Kipp, Keenesburg Mayor, referred to an aerial photograph (provided by Kim Ogle)
showing the intersection of CR 398 and Market Street and expressed concern with an
inadequate turning radius. He also requested the record be modified to accurately reflect a
distance of only one mile, versus 3.2 miles, from the town to the site. He asked that Condition
of Approval #1.C.2 remain as written, to be addressed by CDOT. Mayor Kipp stated that,
overall, the Town is in support of the request, with the understanding that the impacts to CR 398
be addressed, and he confirmed the traffic has increased significantly during the past year,
although he did not have an exact count. He also reviewed the terms of the Improvements
Agreement between the Town and the applicant. In response to Commissioner Kirkmeyer,
Mayor Kipp, confirmed that if the applicant goes over 50 truck trips per day they will be required
to discuss further mitigation. He also said the Town of Keenesburg is open to an annexation;
however, they have not been approached by the applicant.
Todd Hodges, Todd Hodges Design, LLC, represented the Town of Keenesburg and
indicated they would like to work with CDOT. He expressed frustration with the lack of
communication among the applicant, Town, and CDOT. He stated he would like to have an
agreement in place addressing the turn lane in question, in addition to the road base
improvements. In response to Commissioner Kirkmeyer, Mr. Kipp said the turning radius is not
included in the improvements agreement.
Bruce Sparrow, County resident, said that he understood the facility was capable of
unloading 360 trucks a day, and asked for clarification of the 20 -truck limit. He indicated he
spoke with a representative from Rothsburg, North Dakota, where a similar facility was built, and
was told that pipelines were not built as promised. He also expressed concerns about the
safety of the Wash Creek Aquifer. In response to Commissioner Conway, Mr. Sparrow stated
his understanding was that both pipelines would have to operate at full capacity to get a
trainload out a day and this comment was discussed further.
En Tom Beach, Chief of the Southeast Weld Fire Protection District, reviewed the terms of the
agreement with Plains for the District's ownership of Dual Foam Tote Trailers (for fire
suppression) which includes semi-annual training (or as needed), and he reviewed pertinent
mutual -aid agreements. He also reviewed the site improvements for the fire protection system
and addressed other potentially affected localities. In response to Commissioner Rademacher,
Chief Beach stated there is a pond, 20 -inch water line, and a generator on the site for water
supply. He also indicated he is comfortable with the draft agreement, but a written agreement
will not be place until the facility is actually operational, and he also confirmed that the foam
supply and training will be ongoing.
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Ms. Smith addressed public comments. In reply to Mr. Sparrow, she stated the North
Dakota facility was not designed to be pipeline only and that there will be no truck to train
transloading at the subject site, which is the cause of truck wait times. She also addressed the
volume of crude oil per day. She stated the Keenesburg agreement specifically addresses 50
overweight trucks, it is not related to passenger vehicles. Additionally, she explained the site is
designed for ten (10) trucks an hour, or 240 trucks a day at maximum capacity; however, the
maximum capacity is not anticipated. In response to Commissioner Rademacher, Ms. Smith
said the tanks are built to industry containment standards. In response to a previous comment,
Mr. Hodges added that the existing traffic count per day on Market Street is 3,000 vehicles.
a Commissioner Kirkmeyer asked why paving is not being required, as the anticipated traffic
counts are very close to the limit, the applicant has expressed their intent to expand, and they
may hit the trigger very soon. Commissioner Conway concurred. Chair Garcia noted that the
future proportional share, as mentioned by Commissioner Rademacher, is important. In
response to Commissioner Kirkmeyer, Ms. Carter addressed paving and triggers. After
discussion, the Board agreed to leave Condition of Approval #1.C.1 as is (on pavement).
Regarding Condition of Approval #1.C.2, after discussion, the Board agreed that CDOT needs
to correct the configuration of the intersection at CR 398 and Market Street for improved public
safety, with input from the Town of Keenesburg, the County, and the applicant. Chair Garcia
spoke on this issue and also noted that Mayor Kipp has requested the Board's assistance with
this. a Commissioner Kirkmeyer asked that Condition of Approval #1.B be revised to delete
the words "attempt to", and the Board concurred. She indicated the Town does not have the
leverage or staff that the County does, and she wants to ensure a good outcome for
Keenesburg. Mr. Yatabe advised against putting in a mandatory condition which gives the
Town veto power. Commissioner Kirkmeyer asserted that, in this case, the Town does need to
have some leverage in order to ensure the applicant mitigates the impacts to the residents in
the area, and the Board agreed.
El Ms. Carter submitted proposed language for Conditions of Approval #1.C.1 through
#1.C.3, contained in an e-mail, marked Exhibit J. At the previous suggestion of Mayor Kipp, the
Board agreed to amend criteria paragraph #2.C to replace "3.2 miles" with "one (1) mile".
Through the course of discussion, the Board agreed to adopt the language presented by staff in
a follow-up e-mail, also reflected in Exhibit J, with the understanding that the last sentence of
#1.C.2 be retained requiring the applicant to develop an agreement with the Town and CDOT.
The Board acknowledged that Conditions of Approval #1.D.1 and #1.D.5 have been
satisfied. Commissioner Kirkmeyer requested clarifying language for Condition of
Approval #2.F. Commissioner Rademacher proposed Condition of Approval #2.B be modified
to replace "will" with "may", and the Board concurred. Mr. Ogle proposed Condition of
Approval #2.F be clarified to state, "Building Plans, including structural and foundation drawings,
shall be reviewed and approved, and a permit must be issued, prior to the start of construction."
For consistency, Commissioner Rademacher requested an amendment to Development
Standard #20 to change the word "will" to "may", and the Board agreed.
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a In response to Commissioner Rademacher, Mr. Harris indicated the applicant is in
agreement with 60 employees, as proposed. Commissioner Kirkmeyer suggested inclusion of
Condition of Approval #3.0 to state, "The applicant shall provide written evidence of an
Emergency Protection Agreement with the Southeast Weld Fire Protection District" and the
Board concurred. -IR In response to Chair Garcia, Mr. Harris requested an opportunity to
review a printed version of the changes and discuss the revisions with the applicant and
development team. The meeting was recessed for five minutes in order to accommodate this
request.
a Upon reconvening, Mr. Harris expressed opposition to the paving requirement because
the facility will not meet the minimum pavement trigger. Chair Garcia referenced the counts
provided by the applicant's Traffic Engineer, and Ms. Smith clarified Ms. Carter's figures are
more recent and their Traffic Engineer did factor in 20 miscellaneous trips, although the
employees will not be leaving during their shift. Commissioner Rademacher proposed requiring
paving if the pipelines are not completed by July, 2013. Commissioner Kirkmeyer reiterated her
belief that the traffic will still be very close to the 400 trigger. Ms. Smith confirmed they are
committed to 20 trucks per day, in writing, and any increase would require additional review by
the Board to address road improvements. Ms. Carter provided a brief explanation of the 400
vehicle trigger and noted other items are factored in as well. The Board and applicant
discussed the length of roadway to be paved and the ability of the roadway to handle the
increased traffic load in its current condition. Commissioner Kirkmeyer proposed the idea
of utilizing Weld County HARP funds to pay for 1/3 of the paving project, with the applicant
required to apply magnesium chloride until the pavement is completed. Ms. Smith proposed
reconditioning the road to a Phase 1 level road, which will better accommodate the oil trucks,
versus asphalt. The Board agreed to a 1/3 — 2/3 participation ratio with instruction to staff to
work with the applicant to determine the best type of road to be constructed. aIn response
to Ms. Smith, the Board agreed to retain the modified language with the intent that the applicant
be involved in discussions with CDOT concerning improvements to the intersection of CR 392
and Market Street. la In response to Ms. Carter, the Board provided further clarification
concerning the agreed upon funding ratio and instruction to work with the applicant. At the
suggestion of Mr. Yatabe, the Board agreed that the items called out under Condition of
Approval #1.C should be completed "Prior to Operations," rather than "Prior to Recording the
Plat." (Clerk's Note: Condition #1.C.1 through #1. C.4 have been moved to become a new
Condition of Approval #4.) Due to the anticipated improvements to the roadway, the Board also
agreed to increase all references to the "20 truck" limit to "fifty (50) trucks". At the suggestion of
Mr. Harris, the Board also agreed to a reimbursement of a proportional share of the roadway
project, in the future, and an amendment to the language was subsequently provided by
Ms. Carter in Exhibit J.
El In response to Commissioner Garcia, the applicant and representative stated they have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
proposed and modified.
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Commissioner Freeman moved to approve the request of Plains Marketing, LP, for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0075, for Mineral
Resource Development Facilities, including transloading of a commodity from one mode of
transportation to another including rail, truck and pipeline, without limitation for oil and gas
industries, including petroleum products and storage related to same, the construction of an
on -site rail spur to create a "rail loop" of on -site track, new offices and support buildings, and
related equipment, a greater than 70 -foot communication tower and utilization of more than one
cargo container for storage in the A (Agricultural) Zone District. His motion included replacing
all references to "twenty (20) trucks" with "fifty (50) trucks"; amending criteria paragraph #2.C to
reflect a distance of "one (1) mile" versus "3.2 miles"; amending Condition of Approval #1.B to
delete the words "attempt to"; modify Conditions of Approval #1.C.1 through #1.C.4 with
language provided by the Department of Public Works in Exhibit J and move the language to
become a new Condition of Approval #4 - "Prior to Operations"; and deeming Conditions of
Approval #1.D.1 and #1.D.5 to be satisfied. Additionally, his motion included revising Condition
of Approval #2.B to replace the word "will" with "may"; modifying Condition of Approval #2.F to
state, "Building Plans, including structural and foundation drawings, shall be reviewed and
approved, and a permit must be issued, prior to the start of construction."; adding a new
Condition of Approval #3.D to state "The applicant shall provide written evidence of an
Emergency Protection Agreement with the Southeast Weld Fire Protection District."; revising
Development Standard #20 to replace the word "will" with "may"; adopting the revisions
recommended by the Planning Commission, and renumbering or relettering as appropriate.
The motion was seconded by Commissioner Rademacher.
fa Commissioner Conway commented he believes the public comments regarding fire safety,
noise, traffic, and dust will be mitigated, and he is pleased that the applicant has worked with
Keenesburg and Chief Beach to establish appropriate agreements.
Commissioner Rademacher agreed with the prior comments and commended the
applicant and public for their participation in making this a better application, resulting in a
project which will take a lot of trucks off Weld County roads. Commissioner Kirkmeyer and
Chair Garcia agreed. There being no further discussion, the motion carried unanimously, and
the hearing was completed at 4:32 p.m.
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This Certification was approved on the 4th day of March, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COU_D4IX-COb.ORADO
ATTEST: VY�
Weld County Clerk to the Board
BY:
Deputy
Wil
EXCUSED DATE OF APPROVAL
s ' ademac -r, Pro -Tern
XCUSED DATE OF APPROVAL
Sean P. Conway
Mike Freeman
Barbara Kirkmeyer
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