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Home My WebLink About20112700.tiff HEARING CERTIFICATION DOCKET NO. 2011-64 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1792 FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TO, A NATURAL GAS PROCESSING FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - THISTLE DOWN, INC. / MICHAEL AND DAISY BOULTER / DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. / ROGER BOULTER / AND CAROL THOMPSON, C/O DCP MIDSTREAM, LP A public hearing was conducted on October 12, 2011, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Sean P. Conway, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher- EXCUSED Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Kim Ogle Health Department representative, Lauren Light Public Works representative, Don Carroll Public Works representative, Janet Carter The following business was transacted: I hereby certify that pursuant to a notice dated September 1, 2011, and duly published September 7, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the request of Thistle Down, Inc. / Michael and Daisy Boulter / Donna Boulter / Michael James Boulter/ William Boulter, Jr. / Roger Boulter / Carol Thompson / and Michael Boulter, do DCP Midstream, LP, for a Site Specific Development Plan and Use by Special Review Permit #1792 for Oil and Gas Support and Service, including, but not limited to, an Electric Natural Gas Processing Facility, in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Kim Ogle, 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 gave a brief description of the location of the 160-acre site which is proposed to contain an Electric Natural Gas Processing Facility, known as the LaSalle Gas Plant, although the facility will only utilize 40 acres in the center of the property. He stated the plant will be powered by a Tri-State 115-kV transmission line connecting to the Poudre Valley REA terminus substation. He further stated ongoing agricultural production will continue on the land not impacted by the facility, and although the property is located within the three-mile referral area for the Town of Kersey, it indicated no conflict with its interests. Mr. Ogle stated there are seven property owners within 500 feet of the property, there are multiple accesses, most of which are CS- LA, PL Qw, \-AL 2011-2700 PL2132 i I -3a -II HEARING CERTIFICATION - THISTLE DOWN, INC. / MICHAEL AND DAISY BOULTER/ DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. / ROGER BOULTER/ CAROL THOMPSON /AND MICHAEL BOULTER, C/O DCP MIDSTREAM, LP (USR-1792) PAGE 2 associated with Noble Energy oil and gas site improvements, and there is a telecommunication tower in the center of the section, permitted in 1983 under USR-568 for MCI Telecommunications. Mr. Ogle stated 17 referral agencies reviewed this proposal, four offered comments which have been addressed in the Conditions of Approval and Development Standards, and staff received no correspondence from surrounding property owners. He also displayed an aerial map and photographs of the site and surrounding properties. Don Carroll, Department of Public Works, stated the site is accessed from County Road 51, which has an average daily traffic count of 188 vehicles, County Road 50 averages 192 vehicles per day, and the most recent traffic count on County Road 49 is in excess of 3,000 vehicles. He stated the identified haul route will be from County Road 49, to County Road 50, and then to the access on County Road 51. Mr. Carroll stated staff is requesting the applicant amend the plat to identify widths of the roads and whether they are paved or gravel, and designate adequate turning radii to accommodate large trucks. He stated they are also requiring tracking pads, double cattle guards, and Stop signs at all the access locations, and the designated parking/circulation appears to be adequate. He further stated the application indicates there will be ten to fifteen full-time employees, five to seven pickup trucks, and three to five delivery trucks daily; however, at the Planning Commission hearing they clarified there will be a total of 60 parking spaces for large corporate employee meetings. Mr. Carroll stated the applicant will be required to control noxious weeds, they will need to provide dust control on County Roads 50 and 51 during the start up phase of the project, there is an approved access permit, they have provided a full Drainage Report, and the applicant needs to identify "No build/storage" areas for detention and drainage ways. He further stated they will be disturbing more than one acre, therefore, the applicant will be required to obtain a grading permit, the property is not in a flood zone, and the applicant will be required to enter into an Improvements Agreement and post adequate collateral if the required improvements are not completed prior to recording the plat. Lauren Light, Department of Public Health and Environment, stated staff is requiring a letter of commitment for water service from the Central Weld County Water District, and sewage disposal will be by an engineer-designed septic system, which must be approved by the Board of Public Health. She stated water will be applied for dust control, in addition to gravel and revegetation on excess fenced areas. She further stated the applicant also needs to provide a copy of the Spill Prevention Control and Counter (SPCC) Measure Plan and the Air Emissions Permit, noise will be regulated by the Colorado Oil and Gas Conservation Commission, and Development Standards#3 through #16 are the typical standards for this type of facility. Patrick Groom, Attorney, represented the applicant and stated the proposed processing plant is similar to the existing Lucerne plant; however, it will be fully electrical, which will serve to reduce air emissions and noise. He stated the site has historically been irrigated farmland; it is currently in the Crop Rotation Program (CRP) and will be maintained in native grasses; and the applicant intends to purchase the 160-acre parcel, which will create a buffer for the surrounding property owners. In response to Commissioner Conway, Mr. Groom reiterated most of the natural gas is currently being flared and burned off and the goal of this project is to get the resource to market and reduce air pollution. Chair Kirkmeyer commented the applicant should 2011-2700 PL2132 HEARING CERTIFICATION - THISTLE DOWN, INC. / MICHAEL AND DAISY BOULTER/ DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. / ROGER BOULTER/CAROL THOMPSON /AND MICHAEL BOULTER, CIO DCP MIDSTREAM, LP (USR-1792) PAGE 3 also consider converting its company vehicles to natural gas. Commissioner Garcia stated the pipeline system will reduce pollution compared to truck transport. No public testimony was offered concerning this matter. Chair Kirkmeyer stated this Resolution will be subject to the same changes previously discussed for the compressor stations, including amending Condition of Approval #1.A.6 to remove the specific name of the Utility Coordinator, Condition #2.G to require one (1) pre-construction meeting, and Conditions of Approval #4 and #6 to extend the plat submittal deadline to ninety (90) days. In response to Chair Kirkmeyer, Mr. Groom stated, based on the substantial resources of the applicant, they are requesting waiver of Condition of Approval #2.H for an Improvements Agreement and associated collateral. Janet Carter, Department of Public Works, stated although staff has a good working relationship with the applicant, she would request the requirement remain because it is the only mechanism to enforce dust abatement and road impacts during construction. In response to Chair Kirkmeyer, Mr. Carter confirmed the Improvements Agreement will also identify the haul route. Mr. Groom stated they would prefer to have the collateral requirement waived to help facilitate completion of the project, and staff acknowledged that can also be done through the Improvements Agreement. Mr. Groom further requested the Resolution be corrected to identify all of the property owners as the applicants. He also referred to Development Standard #28 and explained this USR will permit a substation to also be located on the site and the associated transmission line will require a separate USR for a Major Facility of a Public Utility to bring power to the site. Mr. Barker stated the agreement was to include the substation as part of this USR, which has already been accomplished; therefore, Development Standard #28 may be deleted, with the understanding that a separate 1041 permit will be required for the associated power lines. In response to Chair Kirkmeyer, Mr. Groom agreed that although the current plan is to develop an electric processing facility, the applicant does not want to be limited to operating as an electric plant in the future if other alternatives become available; therefore, they would be agreeable to deleting all references to "electric" throughout the Resolution. He further stated he and the applicants have reviewed the Conditions of Approval and Development Standards, as proposed and modified. Mr. Barker proposed the addition of a new Condition of Approval #1.A.11 to state, "This USR-1792 does not permit the construction of necessary electric lines supplying power to the site and connecting with the electric substation which is permitted herein." Mr. Groom proposed the language be altered to add "which require additional permitting," to clarify that there may be some types of lines that would not require a separate permit. Mr. Barker clarified the intent of the language is power lines that are less than 115 kV may not need to be permitted at all; however, they are not permitted through this particular permit. Mr. Groom agreed to the language as proposed. Commissioner Conway moved to approve the request of Thistle Down, Inc. / Michael and Daisy Boulter / Donna Boulter / Michael James Boulter / William Boulter, Jr. / Roger Boulter / Carol Thompson / and Michael Boulter, c/o DCP Midstream, LP, for a Site Specific Development Plan and Use by Special Review Permit #1792 for Oil and Gas Support and Service, including, but not limited to a Gas Processing Facility in the A (Agricultural) Zone District, based on the 2011-2700 PL2132 HEARING CERTIFICATION - THISTLE DOWN, INC. / MICHAEL AND DAISY BOULTER/ DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. / ROGER BOULTER / CAROL THOMPSON /AND MICHAEL BOULTER, C/O DCP MIDSTREAM, LP (USR-1792) PAGE 4 recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. His motion included amending Condition of Approval #1.A.6 to remove the specific name of the Utility Coordinator, Condition #2.G to require one (1) pre-construction meeting, and Conditions of Approval #4 and #6 to extend the plat submittal deadline to ninety (90) days; adding a new Condition of Approval #1.A.11 to state, "This USR-1792 does not permit the construction of necessary electric lines supplying power to the site and connecting with the electric substation which is permitted herein." and deleting Development Standard #28. The motion was seconded by Commissioner Garcia. Commissioner Conway stated he is pleased with the prospect of 22 long term jobs and 500 short term jobs, and commented the proposed facility is further evidence that Weld County is diligent in encouraging clean air in Northern Colorado. There being no further discussion, the motion carried unanimously and the hearing was completed at 11:30 a.m. This Certification was approved on the 17th day of October, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO DO _ ATTEST:�� c,� i .2_ /Barbara Kirkmeyer, air Weld County Clerk to the Board Sean P. C ay,UP-roo--Tem BY: Deputy Cle to the Board L�1:1,4 l F. Garcia Eld® • 186i %.,,tstp David E. Lon rr EXCUSED t„.;;16 „i1/4„ ®� `�l �. Douglas Rademacher 2011-2700 PL2132 \: « \a re § } 0 re / C a / a ® o 0 ■ � ) . / ( » ® ) s \ � } e $ / / G « ' — ,e ,A, 2 § j j 0 \ \ \ o ka © ® C e a { ° z u) « / 9 k / 0 2 2 / \ } \ 2 d f , o 0. k o a C , / / / % \ ! o - o { , / . y a .. te 0 <0 Ra. a « o ) , Q. / & Lu &" 2 z ® % \ w < / \ \ @ 2 k $ la a % ; \ o 0 a01 a § § \le } Cr \ � - / 0 0 < F- U) o \ ; VY \ / 0 14- k < a: 0_ k ® � � ^ \ \ U _ wa o t ® « Q » \ <C 0900 % S w p ' o \ / o a / % a N -1 - 2 2 o 2 0 ° a R = % g « 2 y \ o « 0a ; « 2 M » ` ® ^ to il ) ■ �/z _ § - i- u2 - B z zD W § z 0 ) omq § $ i \ ■ I � Fa ° o co \ o zi- r, ° ° ° / 0 m F- I o | . �� a 6 2 a \ ILI / © ° \ � � � -4 ^ C� � a - - \ \ V' § 7 « 3 �� y w -- 0 Z0it % % N 0cL u \ - ` - \\ 2 w w w w § al A ,j E t a \ \ « \ w 00 000 § \ � [ ) Cr) 2 I 0 0 0 0 0 a EXHIBIT INVENTORY CONTROL SHEET Case USR #1792 - THISTLE DOWN, INC., C/O DCP MIDSTREAM, LP 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 9/20/2011) D. County Attorney Language for Condition #1.A.11, dated 10/12/2011 E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Hello