HomeMy WebLinkAbout20120441.tiff HEARING CERTIFICATION
DOCKET NO. 2012-10
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR11-0026, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
SUPPLY AND STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT - NOBLE
ENERGY, INC.
A public hearing was conducted on February 15, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer- EXCUSED
Commissioner David E. Long
Commissioner Douglas Rademacher
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:
I hereby certify that pursuant to a notice dated December 28, 2011, and duly published
January 4, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Noble Energy, Inc., for a Site Specific Development Plan and Use by Special Review
Permit, USR11-0026, for an Oil and Gas Support and Service Facility (water supply and
storage) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this
a matter of record.
Chair Conway advised Curt Moore, applicant's representative, that he has the option of
continuing this matter to a date when the full Board will be present. However, if he decides to
proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Kirkmeyer will listen to the record and make the determining vote. Mr. Moore indicated he
would like to proceed today.
Kim Ogle, Department of Planning Services, referred to the Draft Planning Commission Staff
Comments and reviewed the changes for the record which were inadvertently omitted from the
Planning Commission Recommendation and should have been incorporated into the
Commissioners Resolution. In response to Chair Conway, Vince Harris, Baseline Corporation,
represented the applicant and stated the omission is due, in part, to the short turnaround time
between last week's Planning Commission hearing to today's hearing, and the applicant is in
agreement with the modifications. He also submitted a request for an additional change of
language in Condition #1.G, marked Exhibit F.
Mr. Ogle presented a brief summary of the proposal and entered the favorable recommendation
of the Planning Commission into the record, as written, and modified as previously discussed.
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He stated the sign was posted and then reposted due to a continuance, and he gave a brief
description of the location of the site. Mr. Ogle reviewed the surrounding land uses and
correspondence expressing concerns, which are included in the file. He summarized the
referral comments, which have been addressed in the Conditions of Approval and Development
Standards, and displayed a site layout map and photographs of the site and surrounding area.
Heidi Hansen, Department of Public Works, stated County Road (CR) 57 is a local gravel
roadway with an average daily traffic count of 100 trips, taken in 2011. She stated the
application initially proposed a traffic volume of 400 round trips; therefore, staff requested a full
traffic study and paving of the roadway. After review, the applicant reduced the number of
trucks to 25 round trips, with the option to increase up to 400 trips in the future, if the necessary
improvements are made. She stated staff will work with the applicant to negotiate an
Improvements Agreement with phased road improvements as the number of trucks increases.
She further stated the applicant will also be required to install Colorado Department of
Transportation (CDOT) improvements at State Highway 52 and CR 57, and because there will
be no permanent structures on the site, no stormwater permits will be required. In response to
Commissioner Rademacher, Ms. Hansen stated CR 57 has an average daily traffic count of 110
vehicles, and the roadway is currently a gravel surface. She explained the trucks will travel on
CR 57 for one mile to access Highway 52.
Mary Evett, Department of Public Health and Environment, stated the site currently receives
water from an existing 1-1/2 inch domestic tap and the applicant is working with the North Weld
County Water District to increase up to a 4-inch tap for filling the pond. She stated the applicant
has provided an "Able to Serve" letter from the District, and they are proposing the use of
portable toilets for the drivers; however, staff required permanent facilities, since this will not be
a temporary use. Ms. Evett stated dust will be controlled with reduced truck speeds and water
applications; and the applicant has also submitted a Waste Handling Plan. She stated the
applicant is requesting the use of portable toilets, with a requirement to install a septic system if
they have full-time employees at the facility in the future.
Mr. Harris explained the contracted drivers enter the site to fill their trucks and then leave for the
various oil and gas operations. He stated the applicant will work with staff to generate an
Improvements Agreement which triggers necessary improvements to CR 57 in the event the
operation exceeds 25 trips per day. He reviewed a PowerPoint presentation, previously marked
Planning Commission Exhibit 5.f, which displayed various maps of the property and
photographs. He explained the water truck filling operations, which will be monitored by
computer equipment, stated only two or three of the six filling stations will be completed during
the initial construction, and requested Condition of Approval #1.G be revised to allow portable
toilets until such time as there are full-time employees at the site. Mr. Harris also explained the
North Weld County Water District will be supplying the holding pond with a 4-inch tap, and the
District has assured the proposed capacity will not impact other users down the line. He further
stated there should be no need for employees in the future, since the operations will already be
monitored by computer equipment housed in a small building on the site.
No public testimony was offered concerning this matter. Ms. Evett stated since there will be no
employees, Condition of Approval #1.G and Development Standards #11 through #14 may be
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deleted, and Development Standard #10 should be amended to add a second sentence which
states, "Bottled water, portable toilets, and hand washing units are acceptable. Records of
maintenance shall be retained and made available upon request" Mr. Harris indicated no
objection to the proposed modifications. In response to Commissioner Rademacher, Mr. Ogle
reviewed the existing USR's in the vicinity, and Ms. Hansen added the proportional share for
improvements to CR 57 will be addressed within the Improvements and Road Maintenance
Agreement, in addition to the turn lane requirements from CDOT before operations commence.
In response to Commissioner Long, Ms. Hansen stated she will work with CDOT to ensure the
proper signage is in place to address the sight limitations of the hill to notify oncoming traffic,
and place a large Stop sign with reflectors on CR 57. Mr. Harris stated the 400-truck-trip
capacity would only be attained if the facility were operating 24 hours a day; however, that is not
very likely. Mr. Moore stated they applied for the maximum number as a precaution to ensure
they do not have to come back for an amendment; however, they are not trying to achieve that
number intentionally. He explained this facility will supplement other water sources within the
area, and 100 trips is a more realistic capacity, with only two or three stations installed during
the initial construction.
Commissioner Long commented he appreciates the applicant coming in and working with staff
to create an application in an appropriate location to assist with reduced truck traffic as the oil
and gas industry continues to grow. Commissioner Long moved to approve the request of
Noble Energy, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR11-0026, for an Oil and Gas Support and Service Facility (water supply and storage) 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 deleting Condition of Approval #1.G and Development Standards
#11 through #14, adding the following language to Development Standard #10: "Bottled water,
portable toilets, and hand washing units are acceptable. Records of maintenance shall be
retained and made available upon request", and incorporating all of the modifications reflected
in the preliminary Staff Comments presented at Planning Commission. The motion was
seconded by Commissioner Garcia. Commissioner Rademacher agreed this application is in
response to the Commissioners urging industry leaders to move away from the use of urban
hydrants and establish filling station facilities which results in fewer trucks on the roads for long
distances. Chair Conway agreed. There being no further discussion, the motion carried
unanimously and the hearing was completed at 10:57 a.m.
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This Certification was approved on the 22nd day of February, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: jet.. 7Cfl �� �� 1
Sean P. Conway, Chair
Weld County Clerk to the Board LL
J William . G ia, Pro-Tern
BY: o-1t9'Y1--U�
Deputy CI k to the Board EXCUSED
Ba ra Kirkmeyer
Eta F
Davi E. Long
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EVar. ' 9 Dou as Rademacher
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EXHIBIT INVENTORY CONTROL SHEET
Case USR11-0026 - NOBLE ENERGY, INC.
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 1/17/2012)
D. Debby Sullivan E-mail of Concern/Inquiry, dated 2/10/2012
Vince Harris, Applicant
E. Agent w/ Baseline Corp E-mail of response to Debby Sullivan, dated 2/11/2012
F. Vince Harris Proposed Amendment to Condition #1.G
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