HomeMy WebLinkAbout20130382.tiffHEARING CERTIFICATION
DOCKET NO. 2013-09
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0071, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (BUNKER STORAGE OF EXPLOSIVES
UTILIZED IN THE PERFORATION OF WELL CASINGS OF OIL AND GAS WELLS) IN
THE A (AGRICULTURAL) ZONE DISTRICT - RC LAND, INC./SOAR'NV, LLC, C/O
NICK VARRA
A public hearing was conducted on February 13, 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, 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 December 21, 2012, and duly published
December 26, 2012, in the Greeley Tribune, a public hearing was conducted to consider the
request of RC Land, Inc./Soar'NV, LLC, c/o Nick Varra, for a Site Specific Development Plan
and Use by Special Review Permit, USR12-0071, for Mineral Resource Development Facilities,
including Oil and Gas Support and Service (bunker storage of explosives utilized in the
perforation of well casings of oil and gas wells) in the A (Agricultural) Zone District. Brad
Yatabe, Assistant County Attorney, made this a matter of record.
El Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, location, and referral responses, reviewed public comments and concerns received by
staff, and entered the favorable recommendation of the Planning Commission into the record as
written. IR He responded to questions from the Board regarding a similar, but smaller, facility
located near the Town of Nunn, and clarified the actual intended use for the explosives and
minimum setback requirements from residential structures. Responding further to the Board, he
indicated the location of the nearest residences.
le Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans, roadway classification, average daily traffic counts, and access/grading/water quality
requirements.
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e Mary Evett, Department of Public Health and Environment, indicated water and sewer
provisions are not required since this will be an unmanned facility, and she reviewed the Waste
Management and Dust Abatement Plans. She stated an Explosives Permit will be required
through the State, a list of explosives to be stored must be provided, and Condition of
Approval #1.A has been partially met.
e Nick Varra represented the applicant and explained he owns the land and the applicant is
leasing the industrial buildings and storing the perforating gun, as well as subleasing two acres
of the site for the storage facility; the remainder of the area is agricultural land subject to the
CRP Program for the next ten years. In response to Commissioner Kirkmeyer, Mr. Varra
confirmed the leases are fully executed.
IR Kevin Carter, Warehouse Manager for GEODynamics, clarified the explosives are used for
a process prior to fracking, and he reviewed the storage limitations based on setback
regulations. He explained the detonators are stored at a facility in the Town of Nunn, separate
from the explosives at the subject site. He also addressed the issue of grassfires and the
structural design of the storage magazines. Mr. Carter stated each magazine is inventoried and
he is willing to provide a copy of the contents to the local fire protection district.
El John Jackins, Expansion Manager for GEODynamics, stated the chain link fence and
signage acts as a deterrent and they are working to get a remote monitoring system to provide
phone alerts to appropriate personnel. He further stated they must maintain compliance with
ATF (Alcohol, Tobacco and Firearms) regulations and licensing requirements. He reviewed
similar facilities that the company operates in five other states and confirmed they have had no
incidents or infractions with the licensing authorities. He also reviewed the magazine
construction which is resistant to gunshots.
El No public testimony was offered concerning this matter. In response to Chair Garcia,
Mr. Varra stated he has no concerns with the Conditions of Approval and Development
Standards. Commissioner Kirkmeyer proposed to replace the word "fracking" with "the
perforation of well casings" throughout the Resolution and corresponding documents and the
Board concurred. In response to Mr. Yatabe, Mr. Gathman stated Subdivision Exemption,
SUBX12-0026, is ready to be submitted for recording and should be reflected in the legal
description. *".:1 In response to questions from the Board, Mr. Gathman explained weed
control will only apply to the two -acre parcel. Mr. Jackins stated security at the magazine door is
in excess of the ATF requirements for insurance purposes, and they actively implement any
new regulations imposed by the ATF. Mr. Carter stated the Nunn Warehouse does have ADT
Security monitors and cameras and he intends to keep the local emergency responders
informed of any security progressions at the site. Commissioner Kirkmeyer requested
Condition of Approval #1.6 be modified to include the quantities of stored items, and the Board
concurred. She also proposed the addition of a Development Standard requiring the applicant
to provide a list of explosives and the amounts to the Nunn Law Enforcement, Sherriff's Office,
and the Office of Emergency Management, which shall remain updated. El Following
discussion, Mr. Gathman proposed a new Development Standard #4 be added to state, "A list of
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explosives and quantities shall be provided to the Weld County Sheriff's Office, Nunn Fire
Protection District, Nunn Police Department, and Office of Emergency Management. This list
shall be updated if, and when, there are any changes to the type and/or amounts of explosives
stored on the site," and the Board concurred. El Commissioner Kirkmeyer also proposed the
existing Development Standard #4 be modified to delete "and improvements related to
USR12-0071 shall be removed.", delete the effective dates from Development Standards #13
and #14, retain the language in Development Standard #24, and delete Development
Standard #26, and following discussion, the Board concurred with all of the revisions. In
response to Chair Garcia, Mr. Varra stated he and the co -applicants have reviewed, and agree
to abide by, the Conditions of Approval and Development Standards, as proposed and modified.
Commissioner Rademacher moved to approve the request of RC Land, Inc./Soar'NV,
LLC, c/o Nick Varra, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0071, for Mineral Resource Development Facilities, including Oil and Gas Support and
Service (bunker storage of explosives utilized in the perforation of well casings of oil and gas
wells) 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. His motion included replacing all references to "fracking" with "the
perforation of well casings"; amending the legal description to specifically designate the site
being contained to Subdivision Exemption, SUBX12-0026; and modifying Condition of Approval
#1.6 to state, "The applicant shall submit a list of the explosives and quantities being stored at
the facility." Additionally, his motion included inserting a new Development Standard #4 to
state, "A list of explosives and quantities shall be provided to the Weld County Sheriff's Office,
Nunn Fire Protection District, Nunn Police Department, and Office of Emergency Management.
This list shall be updated if, and when, there are any changes to the type and/or amounts of
explosives stored on the site."; amending the old Development Standard #4 to delete the words
"and improvements related to USR12-0071 shall be removed."; amending Development
Standards #13 and #14 to remove "Effective April 25, 2011", and deleting Development
Standard #26. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously. Commissioner Conway commented the applicant's testimony and the agreed
upon revisions will mitigate the concerns and he supports the application. There being no
further discussion, the hearing was completed at 10:57 a.m.
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This Certification was approved on the 20th day of February, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT RADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cle
the Board
William F. Gnia, Chair
ugl .s Rade acher, Pro -Tern
SED DATE OF APPROVAL
e- P. Conway
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1-.747 Freeman
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Barbara Kirkmeyer
SED DATE OF APPROVAL
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ATTENDANCE
HEARINGS ARE AS FOLLOWS ON THIS 13TH DAY OF FEBRUARY, 2013:
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PLEASE legibly write or print your name and complete address.
ADDRESS
4350 Hwy 66, Longmont, CO 80504
4350 Hwy 66, Longmont, CO 80504
1613 Pelica Lakes Point Ste. 201, Windsor, CO 80550
22785 CR 62 Greeley, CO 80631
22785 CR 62 Greeley, CO 80631
5937 W 4th Street, Greeley, CO 80634
15950 CR 47.5 LaSalle, CO 80648
48645 , CR 29 Nunn, CO 80648
829 S. HWY 85 Frontage Road, Nunn, CO 80648
4986 Boothville Road, Doyline, LA 71023
30740 CR 47 Greeley, CO 80631
eric.angus@cdschurch.org
1811 38th Ave. Greeley, CO 80634
dhoshikoyahoo.com
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Tim Naylor, AGPRO
Glen Czaplewski, AGPRO
Justin K. Mauler, DFA
Todd Drommond
Kristi Hayden
Warren Sitzman J
Ray Nelson
Nick Varra
Kevin Carter
John Jackins J
Eric Angus
Dennis Hoshiko
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