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Home My WebLink About20101712.tiff HEARING CERTIFICATION DOCKET NO. 2010-25 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1739 FOR AN OIL AND GAS PRODUCTION FACILITY IN A PUD WITH E (ESTATE), C-1, C-2 (COMMERCIAL), AND R-1, R-2, R-3, AND R-4 (RESIDENTIAL) ZONE DISTRICTS - CARMA BAYSHORE, LLC, C/O KERR-MCGEE OIL AND GAS ONSHORE, LP A public hearing was conducted on July 21, 2010, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner William F. Garcia - EXCUSED Commissioner David E. Long Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Kim Ogle Health Department representative, Lauren Light Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated June 21, 2010, and duly published June 24, 2010, in the Windsor Beacon, a public hearing was conducted to consider the request of Carma Bayshore, LLC, do Kerr-McGee Oil and Gas OnShore, LP, for a Site Specific Development Plan and Use by Special Review Permit #1739 for an Oil and Gas Production Facility in a PUD with E (Estate), C-1, C-2 (Commercial), and R-1, R-2, R-3, and R-4 (Residential) Zone Districts. Bruce Barker, County Attorney, made this a matter of record. Chair Rademacher disclosed that his family owns pasture land within the legal description; however, he does not benefit financially in any way. He advised the applicant's representative, Kim Cooke, Kerr-McGee Oil and Gas OnShore, LP, that she has the option of continuing the matter to a date when the full Board will be present. However, if she decides to proceed today, the matter will require three affirmative votes, or in the case of a tie vote, Commissioner Garcia will review the record and make the determining vote. Ms. Cooke indicated she would like to proceed today. 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 stated the two existing drill sites will be utilized to directionally drill nine wells, and augment the existing production facility, utilizing low-profile tanks for water and oil storage. He confirmed the property developer, Carma Bayshore, LLC, has executed a Memorandum of Understanding for the placement of the wells within the St. Vrain Lakes PUD. He stated the site is located south of County Road 28, and west of County 13, and it is located within the three-mile referral area for the Towns of Firestone and Mead, and the City of Longmont. He clarified the City of Longmont did not indicate any conflicts and the Town of Firestone did not provide any comments regarding the referral; however, the Town of Mead expressed concerns regarding the C c : LA, P L ,HL, Pw 2010-1712 II- le PL2069 HEARING CERTIFICATION - CARMA BAYSHORE, LLC, C/O KERR-MCGEE OIL AND GAS ONSHORE, LP (USR-1739) PAGE 2 truck route, transportation infrastructure, and the maintenance of roads, culverts, and bridges. Mr. Ogle indicated there are thirteen surrounding property owners, owning 110 parcels, within 500 feet of the proposed site, and the surrounding properties are predominantly in agricultural production and are a part of the St. Vrain Lakes PUD. He stated fourteen referral agencies reviewed the application materials, and five responded with comments which have been addressed within the Conditions of Approval and Development Standards. He confirmed no telephone calls or letters of objection have been received regarding this application. He explained Development Standard #32 was added during the Planning Commission hearing, and the applicant is requesting a modification of the text to state, "Hours of operation, after initial completion of the nine (9) wells, and any subsequent operations shall be conducted during daylight hours if at such time as subsequent operations begin, there is residential or commercial development within five hundred (500) feet of the operations area." He confirmed the Department supports the request, and he displayed photographs of the site and the surrounding area. Don Carroll, Department of Public Works, stated the site is accessed from County Road 28, which is classified as a collector status road, requiring 80 feet of right-of-way at full buildout. He clarified County Road 28 currently contains 60 feet of right-of-way, and it is maintained by the County. He indicated the site will contain two drilling locations, with two accesses, and vehicle tracking pads will be required to prevent tracking debris onto County Road 28. He stated the Stormwater Drainage Plan has been submitted and deemed appropriate, and the applicant will be required to obtain the appropriate permits for over-weight and over-width vehicles. Responding to Chair Rademacher, Mr. Carroll clarified he previously misspoke and there will only be one access to the site on County Road 28. Lauren Light, Department of Public Health and Environment, stated permanent water and sewer service at the site are not required since there will be no employees. She indicated the proper dust suppression must be provided during construction of the wells, and the Department must receive evidence of an Air Pollution Emissions Notice (A.P.E.N.) for the site. She clarified Development Standards #3 through #10 address the typical requirements of the Department, and there are no outstanding concerns. Ms. Cooke stated nine new wells will be drilled within an existing location, and the design of the drilling pads has been determined in coordination with the Memorandum of Understanding. She clarified the wells will be drilled consecutively, beginning in October, 2010, and the site will be prepped once the building permits are issued. She confirmed Kerr-McGee agrees to comply with all requirements and standards, with the exception of the request to modify the language of Development Standard #32. Ms. Cooke confirmed the Town of Mead expressed concern regarding access to the site, specifically the use of heavy equipment during the construction of the drilling sites. She indicated it was specifically designed for the drilling rigs to utilize County Road 13 to County Road 28, and she confirmed no traffic will be utilizing the roads which have been annexed by the Town of Mead. She confirmed there will be two pad sites, with two access roads to the facility. Responding to Chair Rademacher, Ms. Cooke clarified there will be two temporary entrances on County Road 28, and she confirmed the subdivision has not yet been platted. Chair Rademacher indicated he needs clarification from staff as to whether there will be one access, or two separate accesses, as there has been conflicting information presented. In 2010-1712 PL2069 HEARING CERTIFICATION - CARMA BAYSHORE, LLC, CIO KERR-MCGEE OIL AND GAS ONSHORE, LP (USR-1739) PAGE 3 response, Mr. Carroll stated there will be two accesses, and the second access will be approximately 100 feet east of the existing access depicted within the photographs. In response to Commissioner Conway, Ms. Cooke explained the two pad locations are in different parts of the pasture, and two access roads will provide for less intrusion on the site. She further explained the second access will be approximately one-quarter mile east of the existing access and will be utilized for access to three of the wells. Mr. Carroll clarified Condition of Approval #1.A.5 indicates that only the current access will be utilized. Responding to Chair Rademacher, Ms. Cooke clarified there are two existing accesses, which will both be utilized, and the necessary permits for improvements to the right-of-way have already been issued. She further clarified there are only two drilling pads, and there will be no new accesses constructed on County Road 28. Responding to Commissioner Kirkmeyer, Mr. Carroll indicated the average daily traffic count on County Road 28, between County Road 7 and Interstate 25, is 152 vehicles, and 122 vehicles between County Roads 11 and 13. Ms. Cooke confirmed the wetlands in the surrounding area will not be disrupted by this project. At the request of the Board, Janet Carter, Department of Public Works, displayed an aerial photo of the area, and Ms. Cooke provided a paper copy of an additional map, marked Exhibit E. Chair Rademacher clarified the applicant should not be allowed to install any new accesses, and should utilize the existing accesses to the site. Ms. Cooke confirmed the Town of Mead expressed concern regarding the large drilling rigs utilizing a haul route which contained roads which have been annexed by the Town, and she confirmed the equipment will not utilize any of those roads for access to the facility. No public testimony was offered concerning this matter. Responding to Chair Rademacher, Mr. Ogle confirmed there are no screening requirements for this USR permit, and he clarified the applicant will be utilizing all low-profile tanks on the site. Chair Rademacher indicated oil and gas operations typically operate 24 hours per day, therefore, he is not sure if it is even necessary to list specific hours of operation within the Resolution. Commissioner Conway concurred, and suggested the deletion of Development Standard #32. Commissioner Kirkmeyer disagreed, explaining that if the language is deleted, the hours of operation will not be able to be addressed within the future when the subdivision is platted. In response to Chair Radmacher, Mr. Ogle confirmed the St. Vrain Lakes PUD is scheduled for residential development, and the Memorandum of Understanding does identify all of the drill sites on the property. Chair Rademacher clarified it is acceptable for the hours of operation to be modified once the residential development begins, and Mr. Ogle confirmed the proposed language allows for this option, when development begins within 500 feet. The Board concurred with the modification of Development Standard #32, as described within staff's memo. Commissioner Kirkmeyer suggested an addition to Development Standard #12, with the last sentence to state, "In no event shall there be any new accesses to the site.", and the Board concurred. She further suggested Development Standard #25 be modified to state "The property owner or operator" in place of "Kerr-McGee." Mr. Barker concurred this modification will make the language consistent. The Board concurred with the modification of Development Standard #25. 2010-1712 PL2069 HEARING CERTIFICATION - CARMA BAYSHORE, LLC, C/O KERR-MCGEE OIL AND GAS ONSHORE, LP (USR-1739) PAGE 4 In response to Chair Rademacher, Ms. Cooke confirmed she has reviewed, and concurs with, the Conditions of Approval and Development Standards, as modified. Commissioner Kirkmeyer moved to approve the request of Carma Bayshore, LLC, c/o Kerr-McGee Oil and Gas OnShore, LP, for a Site Specific Development Plan and Use by Special Review Permit#1739 for an Oil and Gas Production Facility in a PUD with E (Estate), C-1, C-2 (Commercial), and R-1, R-2, R-3, and R-4 (Residential) Zone Districts, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. Her motion included the addition of the last sentence of Development Standard #12 to state, "In no event shall there be any new accesses to the site."; the modification of Development Standard #25 to state, "The property owner or operator will adhere to all Colorado Department of Public Health and Environment rules and regulations, in regards to stormwater discharge."; and the modification of Development Standard #32 to state, "Hours of operation, after initial completion of the nine (9) wells, and any subsequent operations shall be conducted during daylight hours if at such time as subsequent operations begin, there is residential or commercial development within five hundred (500) feet of the operations area." The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. This Certification was approved on the 26th day of July, 2010. BOARD OF COUNTY COMMISSIONERS ELD COUNT , OLORADO ATTEST:', ,► < l / �t�\ ` • ��.�� 4A/C.. I`' �• 'las Rademacher, hair Weld County Clerk to the Boa 186 y 4 , � i'1151Diu.-• ara Kirkmeyer, ro-Tem BY: Dep ak Clerk o he Board / — Sean P. Conway EXCUSED Wiltim F. Garcia GDavid E. Long 2010-1712 PL2069 EXHIBIT INVENTORY CONTROL SHEET Case USR-1739 - CARMA BAYSHORE, LLC, CIO KERR-MCGEE OIL AND GAS ONSHORE, 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 07/06/2010) Memo re: Amendment to Development Standard #32, D. Planning Staff dated 07/21/10 E. Applicant Map depicting well locations F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. \\J \ \& % d ' Ni ) § / g, \ m C. 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