HomeMy WebLinkAbout20092766.tiffHEARING CERTIFICATION
DOCKET NO. 2009-58 AND 2009-59
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #861 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (UPGRADE OF LILLI PLANT) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BRINGLESON RANCH, LLC, CIO
PETRO-CANADA RESOURCES (USA) INC.
AND
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1712 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (EQUIPMENT STORAGE) IN
THE A (AGRICULTURAL) ZONE DISTRICT - BRINGLESON RANCH, LLC, C/O
PETRO-CANADA RESOURCES (USA) INC.
A public hearing was conducted on October 21, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
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 September 18, 2009, and duly published
September 24, 2009, in the Windsor Beacon, a public hearing was conducted to consider the
request of Bringleson Ranch, LLC, c/o Petro -Canada Resources (USA) Inc., for a Site Specific
Development Plan and Amended Use by Special Review Permit #861 for a Mineral Resource
Development Facility, including Oil and Gas Support and Service (upgrade of Lilli Plant) in the
A (Agricultural) Zone District, as well as a Site Specific Development Plan and Use by Special
Review Permit #1712 for a Mineral Resource Development Facility, including Oil and Gas
Support and Service (equipment storage) in the A (Agricultural) Zone District. Bruce Barker,
County Attorney, made this a matter of record, and indicated the cases may be heard
concurrently, since they are for the same applicant and are in close proximity to each other.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendations of the Planning Commission into the record as written.
He stated the applications are for upgrades to the Lilli Plant, through AmUSR-861, and the use
00 ; FL, lug, //c_
2009-2766
PL0453
PL2027
i/ /O s/c9
HEARING CERTIFICATION - BRINGLESON RANCH, LLC, C/O PETRO-CANADA
RESOURCES (USA) INC. (AMUSR-861 AND USR-1712)
PAGE 2
of an equipment storage yard, through USR-1712. He confirmed both properties are adjoining
tracks of land, which are located north of County Road 96, and west of County Road 127. He
indicated neither of the properties are located within the three-mile referral area for any
municipality, and both sites are situated within a remote location with limited access. He stated
the Lilli Plant was originally approved in 1989, by RedWave, and Petro -Canada obtained the
assets of the plant in December, 2008, from Walsh Production, Inc. He further stated upgrades
to the plant are necessary due to the need to move larger volumes of gas from the Grover
Compressor Station, recently approved through USR-1703, as a result of increased increases in
drilling activity within the Grover field. He gave a brief description of the uses of the surrounding
lands, indicating they are utilized for grazing and for limited oil and gas production activities.
Mr. Ogle indicated the nearest residence is over four miles away, and no letters of concern have
been received regarding the proposed uses. He indicated water is provided through a well, for
AmUSR-861, and a septic system handles the effluent flow. He further indicated the boneyard
(storage yard), USR-1712, will be an unmanned facility, and any employees travelling to the site
may utilize the sanitary facilities provided through AmUSR-861. He stated the primary access
to both sites is from County Road 96, which is a Section Line access, which is graveled and
graded. He further stated twelve referral agencies reviewed the application materials for both
cases, and six provided comments which have been addressed within the Conditions of
Approval and Development Standards. He displayed photographs of the sites and the
surrounding area, and indicated the applicant was granted early release of permits to complete
the concrete work on the site for AmUSR-861, so that the work could be completed before cold
weather settled in.
In response to Commissioner Rademacher, Mr. Ogle indicated Development Standard #28 for
AmUSR-861 indicates a Screening Plan is required, and the applicant will be required to screen
the site from adjacent properties. Commissioner Rademacher expressed his concern regarding
requiring the applicant to provide screening, and he does not believe it is necessary or
appropriate.
Don Carroll, Department of Public Works, reiterated the access to the site is from County
Road 96, which is a Section Line access road, and the nearest road maintained by Weld County
is County Road 127.5. He confirmed the Department has been working with the applicant, and
a Non -Exclusive License Agreement has been finalized for the necessary upgrades to County
Road 96 and the access to the site. He indicated he has travelled to the site, and the roads in
the area are in good condition, and the applicant has installed the required blue road sign on
County Road 96, to provide notification for emergency access vehicles. He stated the Lilli Plant
facility is surrounded by a three -strand barbed wire fence, and the site contains two cattle
guards and a decent road base. Mr. Carroll indicated if the applicant is seeking to complete any
improvements involving pipelines, or if any overweight vehicles must access the site, the
applicant will be required to contact the Department of Public Works to obtain the necessary
permits, as described within Development Standard #36. He stated the Department did not
request a traffic study, since the traffic volume is minimal; however, the Department is requiring
that the applicant provide a water quality feature on each site, which must be indicated on the
plat, since there will be some runoff from both facilities. He confirmed the sites are not located
within the floodplain, and in response to Commissioner Rademacher, he reiterated County
2009-2766
PL0453
PL2027
HEARING CERTIFICATION - BRINGLESON RANCH, LLC, C/O PETRO-CANADA
RESOURCES (USA) INC. (AMUSR-861 AND USR-1712)
PAGE 3
Road 96 is a Section Line access road, which is not maintained by the County. Mr. Carroll
indicated the storage yard will not have employees on the site, and the site will be accessed as
necessary by employees. Responding to Commissioner Rademacher, Mr. Ogle confirmed the
Lilli Plant, AmUSR-861, will contain three full-time employees, and the storage yard, USR-1712,
will not have any employees.
Lauren Light, Department of Public Health and Environment, stated water is provided to the Lilli
Plant through a permanent well; however, the well is required to be re -permitted, since it is
currently permitted for the watering of livestock. She indicated an existing septic system is
located on the site, which was installed approximately ten years ago, without a permit. She
confirmed an engineer has reviewed the septic system, and was approved by the Board of
Public Health; however, it has determined that the septic system is sized for use by one (1)
person at this point. She further indicated the applicant will be required to expand the size of
the septic system, since the three full-time employees will be utilizing the system, in addition to
any employees traveling to the storage yard facility. She confirmed the new design will have to
be re -approved by the Board of Public Health, since the system will be utilized for a commercial
operation, and the requirements are contained within the Conditions of Approval. Ms. Light
indicated the applicant has provided the Dust Abatement and Waste Handling Plans for the Lilli
Plant, as well as the Spill Prevention, Control, and Countermeasure Plan; however, a Dust
Abatement Plan must still be provided for USR-1712, as well as a Waste Handling Plan. She
confirmed both requirements are addressed within the Conditions of Approval.
Sherri Robbins, Petro -Canada Resources (USA) Inc., represented the applicant and stated
there are no construction plans for the boneyard facility. She confirmed the facility was
transferred through the acquisition of Walsh Production, Inc., and Petro -Canada does not have
any plans for expansion of the site. She confirmed an expansion to the Lilli Plant is expected, to
address the improvements made necessary by the increase in production within the Grover
field. She clarified the company is researching the necessary actions to bring the septic system
and well permits into compliance. In response to Chair Garcia, Ms. Robbins confirmed
Petro -Canada would prefer not to be required to screen the property, since there are no
residences or other businesses within close proximity. Responding to Commissioner
Rademacher, Ms. Robbins confirmed the site will contain a maximum of three employees.
Commissioner Rademacher indicated if the applicant is required to upgrade the septic system to
accommodate the current number of employees, it makes sense to oversize the septic system
for the possibility of additional employees in the future. He further indicated if this is the
applicant's intent, now would be the appropriate time to adjust the number of allowed
employees within the Resolution. Ms. Robbins confirmed it is intended that the septic system
will be upgraded to allow use by up to ten people, therefore, she requested that the Lilli Plant be
allowed up to ten employees. Mr. Ogle clarified a limitation for the number of employees is not
currently indicated within the Development Standards for AmUSR-861; however, the Board may
add a new Development Standard to indicate that up to ten employees are allowed. In
response to Commissioner Rademacher, Mr. Ogle indicated the size of the upgraded septic
system will dictate how many persons may be working on the site. Further responding to
Commissioner Rademacher, Mr. Ogle confirmed there are no set hours of operation within the
Development Standards for either site.
2009-2766
PL0453
PL2027
HEARING CERTIFICATION - BRINGLESON RANCH, LLC, CIO PETRO-CANADA
RESOURCES (USA) INC. (AMUSR-861 AND USR-1712)
PAGE 4
No public testimony was offered concerning this matter.
In response to Chair Garcia, Mr. Ogle indicated Development Standard #28 for AmUSR-861
contains a reference to a required Screening Plan. Commissioner Long indicated the
requirement for screening on the site should be deleted. He confirmed these sites are in a
remote location, and it would be counter -productive to require additional landscaping and
opaque screening on the site. He confirmed the addition of screening will create difficulty for
drivers coming into, and leaving from, the site, and an opaque fence would provide a hiding
place for thieves looking to steal equipment from either facility, which would create additional
problems for the employees on the site. Commissioner Rademacher concurred with
Commissioner Long and indicated the applicant should be thinking about proper security for the
site; however, the requirement for screening the site with opaque fencing or landscaping is not
necessary. In response to Chair Garcia, Mr. Ogle confirmed the Resolution for USR-1712 does
not contain any requirements regarding screening. He further indicated if it is the Board's desire
to delete Development Standard #28, then Condition of Approval #1.J will also need to be
deleted. The Board concurred with the deletion of Development Standard #28 and Condition of
Approval #1.J for AmUSR-861.
In response to Chair Garcia, Ms. Robbins indicated she has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified for AmUSR-861, and as
presented for USR-1712.
Commissioner Long moved to approve the request of Bringleson Ranch, LLC, Go Petro -Canada
Resources (USA) Inc., for a Site Specific Development Plan and Amended Use by Special
Review Permit #861 for a Mineral Resource Development Facility, including Oil and Gas
Support and Service (upgrade of Lilli Plant) 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 the
deletion of Condition of Approval #1.J, with the required re -lettering, and the deletion of
Development Standard #28, with the required re -numeration. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
Commissioner Rademacher moved to approve the request of Bringleson Ranch, LLC, do Petro -
Canada Resources (USA) Inc., for a Site Specific Development Plan and Use by Special
Review Permit #1712 for a Mineral Resource Development Facility, including Oil and Gas
Support and Service (equipment 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. The motion was seconded by
Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:50 a.m.
2009-2766
PL0453
PL2027
HEARING CERTIFICATION - BRINGLESON RANCH, LLC, CIO PETRO-CANADA
RESOURCES (USA) INC. (AMUSR-861 AND USR-1712)
PAGE 5
This Certification was approved on the 26th day of October, 2009.
ATTEST:
n
£L L
Weld County Clerk to the Bo
n
BY:a! tip'
Dep Clerk o the :oard
ara Kirkmeyer
c.17J
OARD OF COUi TY COMMISSIONERS
LD,COU' , OLORADO
Douglas Radema.her, Pro -Tern
Se 7 .Conway
David E. Long
2009-2766
PL0453
PL2027
EXHIBIT INVENTORY CONTROL SHEET
Case USR-1712 - BRINGLESON RANCH, LLC, CIO PETRO-CANADA RESOURCES
(USA) INC.
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 10/06/2009)
D.
E.
F.
G.
H
K.
L.
M.
O.
P.
Q.
s
T.
U.
V.
W.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF OCTOBER, 2009:
(C
cc
CO CO
7 �
CO 0
y CT
L L
O O
N N
O CD
C4 re
N CO =
CO ▪ R
C C
t0 0 0 .)
J
.s
w d
aar
7�3
0
J
J J ±
t L L
a u 10
a a
co A R
N re'X 0
N C C
CO 0
C 6
1 )
C
o r- r- to
MM
I I
•ctCO )()))�ftWO
O) Q) O) O)
0 O O O
O O O 0
N N N
Hf-FH
w www
YYYY
O OOO
O 000
O 000
PLEASE legibly write or print your name and complete address.
123 Nowhere Street, City, State, Zip
Oe
n
r
a
4
Li
C
0
C
k
0
1-
IU
set
C
cr
w
CV).
�
cc
_
U
M
0
a
r-
v`—
John Doe I
f
-4
m'2-.
• -
^
1_51y
S
\
8
7)
w
pi.
V,
Q
z
Hello